Opinion / Politics

Democrats Attacking Nominee’s Faith – Big Error

democratsDemocrats are about to make a seismic political error.  They are about to attack President Trump’s highly qualified, female, conservative pick for the Supreme Court – for her faith.  In the process, they will be attacking America.  The outcry will be enormous.

The nominee is Judge Amy Coney Barret, a seasoned jurist, incisive federal judge on the U.S. Court of Appeals, 7th Circuit.  Graduating from a Catholic high school, she was Phi Beta Kappa in college, 1st in her law school class at Notre Dame.  She clerked for Justice Scalia on the US Supreme Court.

She is a real constitutional lawyer – having litigated, taught, published on constitutional issues for Columbia, Cornell, Virginia, Notre Dame, and Texas law schools.  She was “Distinguished Professor of the Year” at Notre Dame – three times.

On the bench, she has been a strict constructionist, following where the law led, not making it up. She defended constitutional rights of males against discrimination by a college; strictly interpreted judicial processes to disfavor unsubstantiated race discrimination; took issue with judicial activism, dissenting from a ruling that stripped Executive authority over immigration; defended Second Amendment rights and supported 4th Amendment rights against illegal search and seizure, disfavoring police overreach.

In short, this nominee is high integrity.  She is an originalist, or strict constructionist.  These ideas describe how one reads the Constitution.  She reads it as if – get this! – words mattered, as if our Founders intended what they said, as if the Constitution’s text describes unchanging rights.

She seems to think – like Scalia, Thomas, Gorsuch, Kavanaugh, and most justices historically – that the Constitution’s text is not flimsy, fungible, willy-nilly phrases to be reshaped by judges.  She thinks the job is to apply laws – as written – to facts of a case, not to get creative.

Of course, the elephant in the room – reason Democrats are livid – is that such a reading does not align with Roe v. Wade, a 7-2 ruling that mysteriously “discovered” a “penumbra of privacy” hidden in the Constitution, mandating a constitutional right to abortion.

Justice Blackmun, who wrote that decision – reversed most state laws.  He strained to explain where this “right” came from: “Whether it be founded in the 14th Amendment’s concept of personal liberty and restriction upon state action, as we feel it is, or as the District Court determined, in the Ninth Amendment’s reservation of rights to the people, it is broad enough to encompass” abortion.

The decision is ironic and unstable.  Look at Blackmun’s reasoning.  Because he broke faith with the Founder’s intent behind the Ninth Amendment, which protects states against federal overreach, he lofts the 14th Amendment to invent an abortion right.  It is a juke, and he knows it – which is why he abandons reason, saying “we feel it is” there somewhere.

All this is subtext – reason behind the reason – for Democrats attacking President Trump’s pick.  Judge Barret is a nightmare for them.  She is a thoughtful, sensitive, smart, well-reasoned, well-educated, female, strict constructionist, mother of seven children, two of whom are adopted from Haiti, one with Down Syndrome.  And, Heaven forbid, she is a woman of faith.

They have here an American idealist, true to the Founders, who loves her family, country, Constitution, and faith.  She knows that life is hard, exceptionalism no accident – on national or personal levels.  She demonstrates we get strong by striving, which imposes a need to protect the weak. They can smell the end of Roe v. Wade.

That is why – with nothing else – they attack her faith.  Already, Democrat Senator Diane Feinstein, in earlier confirmation hearings, attacked Barret’s faith, insinuating her legal acumen was compromised.  Dripping with condescension, Feinstein said: “The dogma lives loudly within you.”  Democrats piled on.

Here is the rub – three reasons Democrats will “feel” the ground shake beneath them.  Democrats who attack Republicans on faith – or vice versa – are fundamentally outside mainstream America.  We are not a nation that tolerates damning neighbors for their faith, to whom they give thanks for blessings. America is defined by that freedom.  To negate it is to step on a land mine.

Second, attacking Barret on her faith is constitutionally offensive.  Article 6, Clause 3 of the Constitution reads: “No religious test shall ever be required as a qualification to any office or public trust under the United States.”  Note:  Ever.  Could the obligation be any more clear?

Our nation was founded by those persecuted for their faith; Jefferson defended religions not his.  In America, attacking an appointee for her faith is fundamentally obnoxious, ignoble, and unacceptable.

Third, irony runs deep.  How soon Democrats forget.  John F. Kennedy, first Catholic elected president, had to fight bitterly against anti-Catholic prejudice.  Now, they skewer a nominee for being Catholic.

Moreover, Democrat Joe Biden calls himself Catholic, 21 percent of America calls itself Catholic, and half of Catholic voters – until now – were Democrat.  What happens when Catholics are made to feel more uncomfortable in a party bowing to atheistic socialists?

What happens when Democrat Senators argue those of faith cannot reason, are possessed of “dogma?”  To be clear, “dogma” means “truth,” the notion that – beyond politics – there is a genuine right and wrong in life and law.  Is that now to be thrown over, in favor of a new anti-faith Democrat party?

Or this irony:  Devoutly Jewish, Justice Ginsburg, whose seat is being filled, got suggested to the High Court by Mormon Senator Orrin Hatch, ranking on Judiciary.  No Republican questioned her faith.  She was confirmed 96-3.

Finally, Democrats attack America when they attack faith.  Beyond history, constitutional direction, and ironies, the big blowback will be from Americans of faith.  As Democrats defend socialism, ignore church burning, and impose religious tests, they forget America is religious.

We are a people of faith.  In 2016, 73 percent of Americans were Christian – including Protestants, Catholics, Eastern Orthodox, and Mormons.  To this, Judaism, Buddhism, Hinduism, Islam, and other faiths.  We are a nation of believers, a true global beacon.

Here is the point.  Beware the buzz saw, tectonic plate shift when you attack someone’s faith.  You can tell people you do not like their politics or jurisprudence, height, weight, handshake, or hairstyle, but beware:  When you hold hearings and condemn faith, every American sees themselves in that nominee – and they should.  Democrats are about to make a seismic political error.  The outcry will be enormous.

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PaulE
24 days ago

Good article RBC, however I listened to Senator Lindsey Graham lay out the timeline for Judge Barrett’s appearance and time before his committee. He is clearly slow-walking the process and made no commitment to Maria to stop the hearings from devolving into a repeat of the Kavanaugh hearings. As Chairman of the Senate Judicial Committee, he has the power to both set the pace and stop the kind of antics the Democrats used on Kavanaugh from being repeated with Barrett. There is no constitutional reason why this process has to be slow-walked or run like a circus side-show. She passed… Read more »

ChrisC
24 days ago

I am of a like mind with PaulE below.
Senator Graham, move this thing through rapidly. Most thinking Americans already know how the Dems will rant and rave and moralize and criticize. “Get the show on the Road!” Fill the seat! Now!

Wayne Peterkin
24 days ago

It is both amazing and more than a little disturbing that the Democrats oppose anyone with a moral and ethical compass that actually understands, I think, a judge’s real responsibility. That responsibility is NOT to determine or mete out “justice” which should be within the law itself. A judge is meant to simply interpret the law as written and intended leaving the question of “justice” to the legislature who is responsible for creating or changing the law. Otherwise, the court improperly assumes the responsibility of the legislature thereby exceeding the court’s authority under our Constitution.

Paul W
24 days ago

” They can smell the end of Roe v. Wade.” That, in my opinion, is the crux of their opposition to Judge Barrett. When SCOTUS ruled in favor of the murder of unborn human beings for convenience, it was a huge victory for the left. When you can legitimize something that abominable, you can ultimately legitimize virtually anything. It tears away at the fabric that is the respect for life. It was a method of desensitizing people to the value of human life. Judge Barrett’s confirmation may indeed lead to the overturning of the heinous Roe v Wade decision. That would send… Read more »

Michael l Javick
24 days ago

Nov 3 will bring a huge tidal wave of support for OUR great President. Trump: 348-190 AND HOR control +5-8. Senate +1

Todd
24 days ago

I agree with PaulE this needs to be front and center. Vote RED(Remove-Every-Democrat)

Nancy Evans
24 days ago

Time for big time prayer!

Lee
24 days ago

I guess they have forgotten that one of our most famous Presidents and his wife were Catholic. I think every other picture of Jacquie she was in a mantilla coming out of church. Very devout & very loved! It just shows the derangement & jealousy of the left against the choice of the people. We are really tired of it all. This is a Constitutional judge who loves America & Americans, she’s already been through the senate ordeal – we WANT her confirmed! Dems need to grow up & get over it already. God help us!

Janet
24 days ago

I think it is a good thing that they cannot accuse her of racism due to her and her husband’s adoption of two children from Haiti. Her religion will definitely be their focus. Unfortunately Joe Biden and Nancy Pelosi et al. are poor examples of Catholicism and they are merely self-described “faithful” Catholics whereas Amy Coney Barrett is an actual faithful Catholic.

PaulE
24 days ago

I stringly urge EVERYONE look at the latest Project Veritas video on mail-in voter fraud. It should both alarm and terrify you as to how open it is in Omar’s state. I tried posting the link for you, but AMAC quickly flagged it as “awaiting for approval”. Which means it will either take weeks to ever pop-up here or never been allowed at all.

Josephine pooley
24 days ago

The Constitution, in article 6 clause 3 PROHIBITS religious test ! These Senators need to be schooled in constititional law!

James
24 days ago

I wish Lindsey would stop this side show. Opening the door to democrats with this conformation hearing is a stall tactic. A stall tactic without a purpose. Unless the purpose is to torpedo the nomination of Barrett. If Lindsey screws republicans out of this, he better be looking for another job!

Beholden
24 days ago

The Faith issue may be pushed to the back burner. Glenn Beck just reported that a credible complaint about Judge Barrett has been brought forward by a ‘friend’ from her youth. At age 9, Amy Coney borrowed a VHS tape of “Herbie Goes Bananas” and didn’t return it for about 6 months. When she did, it was not rewound! The FBI has been looking into the matter and apparently they’ve found confirmation among other friends that the tape indeed wasn’t rewound. They’re trying to determine now whether the slogan “Be Kind; Rewind” had become a mandate of our culture. Allegations… Read more »

GKP
24 days ago

Why would any Catholic vote for Biden who in disguise goes to Church when the cameras are there//Why would anyone attack Amy Barrett because of her religion except the liberal senators whose states are being looted and riots exist //complete garbage// Hope to see another fiasco in the sUPREME COURT hearing and then THE TRUMPSTER will win in a landslide and Amy Barrett will be the next SUPREME COURT judge//

The OLD Warhorse
24 days ago

Folks, the Dems can’t help it. It is who they are, it is what they are. They’ve successfully hidden it from most of the people for over a hundred years as the “Progressives” have slowly taken over the once pro-American Democrat Party to become the pack of anti-American Socialists they are today. Senator Graham is simply giving them enough time to throw out their bag of excrement and then jump in it. They cant help it. It is who they are. It is what they are. It’s time America see it out in the open.

Steven J. Alban
24 days ago

You are spot on…. except for one small point…. in my humble opinion, the Dems do not believe, as you write, that they are in the minority. When they look at their worldview they believe themselves in the majority. Their world has always had leaders and a huge obedient group of never questioning followers. The media drives their followers and the student population urge the masses to follow wherever the leaders may go. While we know that the world has changed, and that you are right, their leaders have not discovered the new world of reality. Because of this error… Read more »

Lynn Miller
24 days ago

Socialists insurrectionists now active who are Socialist in name only, whose intent and purpose is tyranny and Communism, are hostile to any alternative authority than that of the tyranny. Socialist Communists in order to achieve power, require destroying #1 the nuclear family, a husband, a wife, and their children, #2, those of devout faith in an Omnipotent, Omniscient God such as the Triune God of the Evangelical Charismatic Christian faith, and #3, any dissenting voice or movement whether scientific, societal, or cultural. Socialist Communism creates the Socialist Communist God, the Tyrant leader(s), their authority, and their dictates and strictures, and… Read more »

Mimi
24 days ago

The only thing the democrats have faith in is the government, and how much power and cold hard cash they can squeeze out of it.

Patty RN
24 days ago

This should be a slam dunk based on credentials alone. She is an outstanding jurist, first in everything she has done as a judge, wife and mother. As a Supreme Court Justice she will rule based on the law not on political leanings. Say what you will about Ruth Bader Ginsburg she was clearly a woman who hated deeply and passionately. Look at her face, the lines of rigidity and downright meanness, the severe hairstyle and a face that even when smiling appeared not to be doing so. It is my fervent prayer that Amy Coney Barrett become the 9th.… Read more »

Stephen Russell
24 days ago

Return favor on Dems ask them about thier” faith”, make= End the BS Games
Play Hard or Dont play
Esp for this confirmation unless Dems boycott.
Care for a Kavanaugh rerun X10 worse?

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