Monday, July 25, 2005

Jonathan Turley on "The Faith of John Roberts"

Hat tip: Amy Welborn

In the LA Times:
... The exchange occurred during one of Roberts' informal discussions with senators last week. According to two people who attended the meeting, Roberts was asked by Sen. Richard Durbin (D-Ill.) what he would do if the law required a ruling that his church considers immoral. Roberts is a devout Catholic and is married to an ardent pro-life activist. The Catholic Church considers abortion to be a sin, and various church leaders have stated that government officials supporting abortion should be denied religious rites such as communion. (Pope Benedict XVI is often cited as holding this strict view of the merging of a person's faith and public duties).

Renowned for his unflappable style in oral argument, Roberts appeared nonplused and, according to sources in the meeting, answered after a long pause that he would probably have to recuse himself.

It was the first unscripted answer in the most carefully scripted nomination in history. It was also the wrong answer. In taking office, a justice takes an oath to uphold the Constitution and the laws of the United States. A judge's personal religious views should have no role in the interpretation of the laws. (To his credit, Roberts did not say that his faith would control in such a case)...


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My Comments:
No, Mr. Turley, you're the one with the wrong answer. Judge Roberts' alleged answer to the question is exactly the right one. In recusing himself where his faith conflicts irreconcilably with his duty, Roberts would be following in the footsteps of that great public servant, St. Thomas More, who resigned his position as Chancellor of England rather than fulfill his duty which required him to swear an Oath of Supremacy that conflicted with his Catholic faith.

1 Comments:

At 7/25/2005 1:37 PM, Blogger BenK said...

irreconcilable is a hard thing to show positively. Actually, if a real catholic felt that a judgement would lead others to mortal sin (scandal, in a sense) he should make the _other judgement._

As such, if there was a case demanding a right for adultery or some such, he should follow his religion, as unpopular as that may sound to secularists.

 

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