Every now and again I come across a fantastic article the warrants posting here; I recently came across one in The Wall Street Journal which, I thought, was pretty insightful. Be edified.
‘Why is it that so many of us on this side have this very uncomfortable feeling that—you know, dogma and law are two different things. And I think whatever a religion is, it has its own dogma. The law is totally different. And I think in your case, professor, when you read your speeches, the conclusion one draws is that the dogma lives loudly within you, and that’s of concern when you come to big issues that large numbers of people have fought for years in this country.”
Thus did California Sen. Dianne Feinstein pronounce on Wednesday that, by virtue of being a faithful Catholic, Amy Barrett, a respected law professor at Notre Dame, may have excluded herself from a federal judgeship. President Trump has nominated Ms. Barrett for the Seventh Circuit Court of Appeals. But the Democratic obsession with Ms. Barrett’s religion transformed what should have been a routine Senate confirmation hearing into a tour of the mind of the modern secular left.
The ugly implication of Mrs. Feinstein’s words is underscored by the context. She deployed them to suggest Ms. Barrett’s faith would lead her to substitute her personal beliefs for the law, basing the accusation primarily on a law review article Ms. Barrett wrote in 1998 as a law clerk.
Ms. Barrett and her co-author explicitly reached the opposite conclusion: “Judges cannot—nor should they try to—align our legal system with the Church’s moral teaching whenever the two diverge.”
The question addressed by the law review article was what Catholic judges ought to do when they conclude they cannot in good conscience apply the law as written because it clashes with their own moral views. If she was rattled by the question, Sen. Feinstein ought to have been reassured by the answer Ms. Barrett gave: They should recuse themselves.
David Rivkin, a constitutional litigator, says “the tenor of questions by Democrat Senators seemed designed more to challenge the ideas of Catholic orthodoxy—a subject more fitting for a theological debate than a Senate hearing.”
Proving Mr. Rivkin’s point. Sen. Dick Durbin jumped in to demand of Ms. Barrett: “Do you consider yourself an orthodox Catholic?” Does Mr. Durbin understand that he sounds like the Southern Baptist ministers in 1960 who thought Jack Kennedy shouldn’t be President because he’d take orders from the pope?
This questioning is part of a broader effort on the left to disqualify people with strong religious views from the public square. Ms. Feinstein’s smear about Ms. Barrett’s “dogma” dovetails with the left-wing Southern Poverty Law Center’s effort to label any outfit that doesn’t go along with its agenda a “hate group.”
Sen. Al Franken, the great legal philosopher, wrapped it all up nicely by accusing Ms. Barrett of having appeared before a “hate” group. He was referring to the Alliance Defending Freedom, a religious liberty outfit that the Southern Poverty Law Center designated a hate group because it adheres to traditional views about human sexuality and marriage.
As for judges imposing dogma over the law, it’s worth noting that not all dogmas are religious. Democratic interest groups are explicit in demanding that Democratic judicial nominees be committed to overturning Citizens United’s defense of free speech while brooking no modification in Roe v. Wade.
Let’s hope the Senate rejects the bigotry that marred Wednesday’s hearing and approves the eminently qualified Ms. Barrett for the Seventh Circuit. The federal bench could use more judges who understand their civic duty as well as Ms. Barrett does.
By “The Editorial Board” and originally published in The Wall Street Journal on September 7, 2017 and can be found here.