Faith and the Court
EDITORIAL, NYTimes on
the Web, October 18, 2005
The White House is making a
well-publicized shift in its marketing of Harriet Miers, President Bush's
nominee for the Supreme Court. From now on, the talk is to be about her
qualifications rather than her heart, her character or, especially, her
religion. It's none too soon. The president's attempt to sell his
choice on the basis of her evangelical faith has been offensive. Mr. Bush
is all in favor of judges strictly interpreting the Constitution, but he seemed
to have forgotten about Article VI. That's where the founders decreed that
"no religious test shall ever be required as a qualification to any office."
The Bush administration has been using religion as code, to communicate
reassurance to the right that Ms. Miers will be opposed to abortion and gay
rights, and to dodge legitimate questions about her legal philosophy and
qualifications. As a result, the American people have no idea whether Ms.
Miers thinks there is a constitutional right to privacy or where she stands on
the extent of federal powers, but they do know that she was born a Roman
Catholic and became an evangelical Christian. They know that she was a
longtime member of the Valley View Christian Church, and that she was one of a
small number of worshipers who joined its minister, Ron Key, in breaking away
and forming the Cornerstone Christian Church because of a disagreement over
styles of worship.
When Ms. Miers came under fire from conservatives, President Bush told reporters
that "people ask me why I picked Harriet Miers," and then proceeded to talk
about the importance of religion in her life. James Dobson, the founder of
Focus on the Family, a conservative Christian group, told a radio audience that
he had been assured by Karl Rove, President Bush's top political adviser, that
Ms. Miers is a member of "a very conservative church, which is almost
universally pro-life."
It is shocking to think that this is the way Americans discuss a Supreme Court
nomination in 2005. In the 1960 election, John F. Kennedy struck an
important blow for both the separation of church and state and the rights of
people of all faiths to be considered for high office when he insisted that his
Catholicism should have no bearing on his fitness for the presidency. The
Bush administration seems intent on turning back the clock.
The White House is invoking Ms. Miers's religious activities as a substitute for
talking about her professional qualifications and her views about the law, which
remain a mystery. But her qualifications and beliefs about the law are
what matter. As this nomination proceeds, both the nation and Ms. Miers
will benefit if we hear less about what kind of a Christian she is, and more
about what kind of a justice she would be.
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