The process continues of nomination leading to appointment of a new Associate Justice to fill the US Supreme Court chair that was vacated by the death of Ruth Bader Ginsburg. The President’s nominee is Amy Coney Barrett, who appeared on this blog two weeks ago.
The Senate Judiciary Committee began its confirmation hearing a week ago on 12 October with an opening statement by Sen. Josh Hawley.
As Judge Coney Barrett will not be speaking at this point, her face is largely covered by a mask. Hawley’s opening sentences of welcome are warm and friendly, and Coney Barrett smiles in response. How do we know that a masked person is smiling? Because the person in question smiles with her eyes. I find that appealing and significant.
Hawley congratulates her on how calmly she has coped with the nomination process this far, and swings immediately into how the media, and some politicians have focussed on her Catholicism, and whether that will influence her legal decisions. My reaction is that surely no one reaches this legal level if their reputation contains even a sniff of that sort, but this is not where Hawley is going.
Hawley (a lawyer himself) goes to Article VI of the US Constitution which specifically prohibits any religious test attaching to office, and so we get a Civics lecture. He makes the point that being an Article, this precedes the Bill of Rights and accordingly is a cornerstone of the very edifice of the United States. (It occurs to me therefore that any questions that are put to Coney Barrett about her faith are unconstitutional regardless of her answers.) He hails this freedom of faith as being one of the hallmarks of American Exceptionalism.
Hailing, as I do, from a country where even today the monarch or even someone too near it may not be a catholic (not that the monarch has any political power) I marvel at the foresight and wisdom of the US Founding Fathers at building this, nearly a quarter of a millennium ago, into the very bones of their body politic.
This is a good speech, looking forward to constructive questions concerning Coney Barrett’s legal credentials, legal philosophy, and her approach to the law. Hawley closes with the fervent wish that this confirmation process will see the final cessation of any faith issues attaching to appointment to office.