Cross-Examining God: Religion's Role in the Barrett Confirmation Hearings
Are Judge Amy Coney Barrett's religious beliefs off-limits for her upcoming confirmation hearings?
At first blush, yes, particularly given the long and unpleasant history of anti-Catholicism on the national political stage. But on a second look, and considering the well-settled concept from trial practice about "opening the door" to evidence on a particular issue, there is a distinct and important role for questions about religion.
Judge Barrett's first law review article as an academic suggested that Catholic trial judges should recuse themselves from death penalty cases. Is her distinction between trial judges and appellate judges (such as a Supreme Court Justice) a meaningful one? The Senate will have to tread carefully to explore that important topic while maintaining appropriate boundaries between church and state.
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