Thursday, August 04, 2005

Catholic Litmus Test

There's been a lot of roiling controversy over Roberts' statement that he'd recuse himself rather than do something he considered evil. And controversy over the controversy.

I wonder if anybody really wants a judge incapable of recognizing evil, or capable of cooperating with what they believe to be evil.

The question then comes down to what specifically a judge would consider to be evil. And the problem in reviewing a nominee's religious views is that the Constitution specifically forbids the practice.

We have seen a significant erosion of the Constitution at all levels of government in the past several decades. Here now the Senate seems prepared to simply ignore the ban on religious tests.

How long do we have to wait for a government with a sense of duty?
How long before we get a majority of Senators who understand they are not free to elide their way around the plain text of the Constitution?

More than Roberts is on trial here.

Thankfully, as I've said, such problems are basically personnel issues, and temporary, and soluble by long, loud, frequent complaint.

1 comment:

francois said...

Cool. Thanks for pointing out something I hadn't realized but should have been obvious. It's unconstitutional for the Senate to discriminate against an appointee based on his religious beliefs.