Anti-Christian
litmus test
August 6, 2003
Senator Orrin Hatch
sent shock waves through the liberal culture when he said, "the
left is trying to enforce an anti-religious litmus test"
against judicial "nominees who openly adhere to Catholic
and Baptist doctrines."
How dare he accuse
them of doing what they are doing? After all, correctly describing
a deplorable Democratic tactic is tantamount to dirty campaigning,
even McCarthyism.
The New York Times,
the Gray Matriarch of the Democratic propaganda machine, was outraged
at the suggestion of anti-Christian prejudice. "This is a
false, cynical and divisive charge," opined the Times, apparently
oblivious to liberalism's currently raging war against Christianity.
Human Events interviewed
a number of senators about the validity of Hatch's charge. Not
surprisingly, most Republican senators agreed and Democrats disagreed.
Democratic Senator
Maria Cantwell responded, "I think the Republicans are the
people who are raising questions about people's religion."
In other words, if Democrats have been crafty enough not to mention
the nominee's religious affiliation, his affiliation must not
be a factor.
Did our Democratic
friends hold themselves to the same standard when then-Senator
John Ashcroft opposed the nomination of Missouri Supreme Court
Justice Ronnie White to the federal bench? Had they done so, they
wouldn't have been able to falsely accuse Ashcroft of racism (Justice
White is black), because Ashcroft certainly never invoked race
as a factor. The allegation was absurd on its face, but that didn't
keep the race-baiters from spewing their venom.
Senator Hatch's charge
is different. Democrats have opposed judicial nominees precisely
because they are pro-life Christians. But Hatch didn't go far
enough. It's not just believing Catholics and believing Baptists
who liberals deem unqualified for the bench. It's anyone with
a strong Christian worldview -- anyone whose Christian moral beliefs
inform his political policy preferences -- in short, Christian
conservatives.
And they haven't limited
their assault to the judicial branch. Executive appointees, such
as Dr. David Hager (to the FDA) and Jerry Tacker (to the presidential
AIDS panel), have also been barred from service because of their
Christian beliefs.
You don't have to
be a fire-breathing fundamentalist to run afoul of the anti-Christian
litmus test. Just oppose a woman's unqualified right to terminate
her own pregnancy, and you're as unfit for the federal bench as
an illegal alien with a smoking gun (no offense intended to illegal
aliens without smoking guns).
Remember when President
Bush nominated J. Leon Holmes to the U.S. District Court? Holmes'
academic credentials were impeccable -- he received a Ph.D. in
political science from Duke University and graduated first in
his law school class. He had a stellar legal career and was heartily
endorsed by the American Bar Association.
But he was a devout
Catholic and an outspoken pro-life advocate. For this he earned
the unmitigated wrath of Senators Charles Schumer, Dianne Feinstein
and Dick Durbin. Schumer said of Holmes, "This man is an
embarrassment to be nominated … This guy is so far off the
deep end … I do not know why this man was nominated. What
he thinks is so bad."
Professor Michael
McConnell also ran into the liberal buzz saw because of his opposition
to abortion, despite the judgment of Harvard's Lawrence Tribe
that he was "likely to display an ideal judicial temperament,"
and Harvard's Elena Kagan that "There is no part of Michael
that is activist or extremist." Through some unexplained
miracle, McConnell was confirmed.
But, as Human Events
points out, Democrats have tried to block a number of other Catholic
nominees: Miguel Estrada, Carolyn Kuhl, Bill Pryor and Southern
Christians: Charles Pickering and Priscilla Owen. In case after
case, the Christian nominee's legal competence and judicial temperament
were insufficient to overcome his disqualifying religious views.
It also doesn't matter
if the judicial nominee pledges to follow Supreme Court precedent
(horrendously wrong as it is) on the abortion issue. His personal
beliefs against a woman's abortion rights disqualify him as morally
unfit.
Why? Because the ends-justify-the-means
Senate Democrats project their own disdain for judicial restraint
onto originalist appointees. They refuse to believe that conservative
judges would follow a precedent they disagree with, because they
know most liberal judges won't.
The Judicial appointment
process has become a disgrace. Democrats have used every trick
to thwart the president's appointment power. If President Bush
is one fourth as savvy at communicating this to voters as he has
been at raising campaign funds and handling his duties as commander
in chief, Republicans just might end up with the filibuster-proof
majority they need to stop this foolishness and begin to restore
some sanity to the federal bench.
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