If Judge Samuel Alito wins confirmation to the U.S. Supreme Court, it will represent a remarkable turn of events: a Roman Catholic majority presiding over the nation’s highest court for the first time in history.
That such a shift could take place with little rancor speaks to Catholics’ assimilation, declining anti-Catholic sentiment and stronger alliances with Republicans, who have dominated appointments in recent decades, observers say.
“The most remarkable aspect is that it isn’t all that remarkable,” said Dennis Coyle, associate professor of politics at the Catholic University of America and a fellow at the American Enterprise Institute. “That tells us something in itself: that Catholics are such a part of the legal profession, including at the elite levels, that if you’re looking for an intelligent, well-qualified judge these days, quite often they’ll be Catholic.”
The question is, to what extent Alito will be quizzed about how his faith forms his judicial philosophy – if at all. In touting Harriet Miers, the White House highlighted her evangelical Christian faith.
But the Bush administration felt compelled to bring up her religious background because she lacked any judicial experience, while Alito has a 15-year track record as a federal appellate judge, Coyle said.
“I don’t think people will oppose his Catholicism, per se,” said Brian St. Paul, editor of the Catholic magazine Crisis. “I do think we will see an outcry against some of the positions he takes as a Catholic, which are part and parcel of his faith, his philosophy, his worldview.”
If confirmed, Alito would be the 11th Catholic to serve on the Supreme Court. Catholics serving on the current court – Antonin Scalia, Anthony Kennedy, Clarence Thomas and John Roberts – all were appointed by Republicans. Polling shows Catholics, especially devout churchgoers and those who call themselves traditionalists, are increasingly Republican.
“The American people have seen a demonstrated willingness on the part of Catholic Supreme Court justices to follow the rule of law,” said Patrick Brennan, a law professor at Villanova University. “From the election of John F. Kennedy, the country has developed a confidence that people can be strong in their religious beliefs and at the same time faithfully fulfill the offices of public life.”
Denver Archbishop Charles Chaput is among a group of conservative bishops calling on Catholic politicians to follow church teachings in policy-making.
Fran Maier, chancellor of the Denver archdiocese, said the application differs with judges because judges interpret law while politicians have the leeway to make and revise laws. Maier said judges shouldn’t be expected to leave their moral convictions at the door, however. He has mixed feelings about the muted reaction to the prospect of a Catholic-majority court.
“The fact there is no outcry is a good thing if it shows all of us are more accepting of one another or a bad thing if people think, ‘We don’t have to worry about those Catholics because they don’t really believe that stuff anymore,”‘ Maier said.
The Rev. Richard John Neuhaus, editor of the Catholic journal First Things, underlined that Catholic teaching emphasizes natural law, or moral law written into every human heart regardless of faith.
“Quite frankly, it is Catholic teaching that (Alito) should do his duty in the position that he holds as a judge according to the criteria of competence and integrity in that capacity,” Neuhaus said. “He should rule on the basis of the law relative to the Constitution. If he were to act in a way that he would reach decisions on the basis of Catholic teaching, that in itself would be a violation of Catholic teaching.”
Staff writer Eric Gorski can be reached at 303-820-1698 or egorski@denverpost.com.
