f/k/a archives . . . real opinions & real haiku

Pointing to yesterday’s post on Role Differentiation, Prof. Bainbridge tells his readers today

that I am “still worried John Roberts might be a serious Catholic.”  Steve has misunderstood my

reasons for discussing what it means for a judge to be a Serious Catholic.  I added this update

on Aug. 3rd, to my first reply to Prof. B, and it is also relevant here:  

update:  Paul at Power Line is concerned that people such as your Editor 

are suggesting a Loyalty-to-the Constitution Test.   I can’t speak for others,

but that was not my intent.   What I’m looking for is an honest discussion. I

broached this topic yesterday because so many supporters of John Roberts

have so strongly stated that there is nothing about Roberts’ Catholicism that

would require him to take stands based on his faith, as opposed to his legal

philosophy and analysis.  I think they’re wrong (and most know it).  

Prof. B. should not assume he knows whether I would be pleased to have a Justice Roberts

acting like a Serious Catholic on the Supreme Court.  Frankly, it depends on the issue.  I’ve

brought the topic to this weblog to fill a void in the debate.  I hope it will keep all sides honest. 

 

p.s.  By the way, Prof. Bainbridge is the only weblogger I’ve  “BainbridgePix”

discovered who agrees with me, as he said, that there will  

likely be cases where serious Catholic judges like John Roberts

“would be religiously obligated to put one’s faith-based beliefs

ahead of, say, one’s views of precedent or socially accepted

moral norms.”  He’s also noted that “[I]t’s worth remembering

that Catholic judges are bound by both [judical ethics] rules

and the dictates of their faith. The latter bars formal cooperation

with evil . .” 

 

p.p.s   Prof. B. has posted an interesting assessment of Judge

Roberts and Catholicism by Texas lawyer Ron Anderson.  I

may not agree with it, but it is worth checking out.

 

 

since I’m old
the fleas aren’t worried
about escaping

 

 

Kobayashi ISSA,

translated by David G. Lanoue