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18 October 2005

Religion and the Supreme Court

The selection of a Justice based on personal friendship with the President was anticipated by our founding fathers and a remedy was built into the Constitution. Hamilton wrote in the Federalist Papers #76 that congressional confirmation was needed for the purpose of preventing this cronyism.

Although pundits and analysts have long observed the denominations of Court members, these have not been considered a determinant of any opinions. Moreover, prejudgment of issues expected to come before the Court is considered off limits in confirmation hearings.

It is not clear that President Bush went as far as Dr. Dobson, the evangelical Christian leader, in soliciting support for the Supreme Court appointment of Ms. Harriet Miers by appealing to other members of her faith. Nevertheless, it is incumbent on the Senate Judiciary Committee to question her closely regarding her reliance on religious beliefs as a guide for interpreting the Constitution.

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