The headline was bold, Justice Ruth Bader Ginsburg, who died a week ago, has become the first woman in US history to lie in state at the US Capitol in Washington DC. Ruth Bader Ginsburg broke another glass ceiling. It should have come much sooner.
Beginning next week another woman will enter the spotlight; her name, Amy Coney Barrett. Already much has been written about her so I will not add to her biographical profile.
I will begin by recalling Senator Diane Feinstein’s descriptive phrase: “The dogma lives loudly with you.” This was Senator Feinstein’s conclusion about Judge Amy Barrett Coney’s Christian faith voiced during her earlier confirmation hearing to become a United States Circuit Court of Appeals judge. When the confirmation vote came up, Feinstein voted no.
What in most circumstances would be praise, was in the Senator’s eyes disqualifying. How could a person, influenced in part by the life of Jesus Christ, be for that reason, rejected?
We are all informed by something or some things—family, school, church, experiences, influential friends and more. Is being informed by faith in God disabling? And when it comes to faith, is hypocrisy preferred? There are certainly plenty of persons who loudly proclaim their faith, but when their avowed precepts clash with pleasure or greed or power are quick to embrace the latter.
This is the circumstance, but there is a broader story. Unfortunately for former Vice President Joe Biden his future is imperiled by the broader story.
It seems certain that Judge Barrett will be attacked because of her faith. It will be said she “will vote to overrule Roe v Wade.” On that subject she has voiced approvingly the doctrine of stare decisis. “Stare decisis is Latin for “to stand by things decided.” In short, it is the doctrine of precedent.”
Appropriately, Senators will probe and probe to find any real or perceived departures from this principle in everything Judge Barrett has said or written. But the broader story is about who will be elected President on November 3rd.
Handicappers in recent days have concluded that Joe Biden has over a 75% chance of winning. If I was a handicapper, the probability would be dropping. And it would be dropping because the chances are quite good that persons and organizations aligned with his candidacy will spend the next several weeks trying to destroy Judge Barrett and the chances of her confirmation. She will be caricatured as a feverish zealot who will tromp on the separation of Church and State. Her husband should begin conversations with their seven children on the underlying motivation—power and its corruption.
Notwithstanding what has been concluded in a variety of media reports, I know a number of persons of faith who are not intending to vote for Donald Trump because of his character. That is real news. Now to the speculation.
If Biden advocates choose to condemn Judge Barrett based on her devoutness, attitudes will change. A not inconsequential number of persons of faith inclined to vote for Joe Biden will reverse course. It will not be because they suddenly like Trump, but because an America that leaves no room for authentic faith is to them a higher risk than four more years.
Al Sikes is the former Chair of the Federal Communications Commission under George H.W. Bush. Al recently published Culture Leads Leaders Follow published by Koehler Books.
Bob Yeager says
I agree that Judge Barrett should not be vilified for her religious beliefs. And I also believe that Donald Trump should not be vilified for his lack of religious belief. The same standard should be applied to all like John Kennedy, Joe Biden, Joe Lieberman, and the hosts of Christians, Jews, Muslims,Agnostic, Hindus and others who seek approval for public office. Senators should base their questions and ultimately their approval or disapproval on a Judge’s interpretation of the law and the Constitution. How outlandish would we have thought it would be if Justice Ginsberg had led the Jewish members of the Court in a decision that resulted in the banning production of pork products in the United States?
Wilson Wyatt says
Al Sikes raises an interesting perspective. We live life in a gray zone; little is as simple as black and white. While the separation of church and state is a long-standing and important principle, a person seeking public office should not be judged on their faith. On the other hand, a person’s character (or lack of character) is as important as following the Constitution…or more so. It’s Trump’s Achilles Heel.
Stephen Schaare says
Hi Mr. Sikes, Well presented, pleasantly balanced. Of course, the 75% likelihood of Biden victory is absurd.I believe Hillary was higher. You mentioned the hypocrisy of religious faith. I remember voters concerned with JFK and his faith. “Will you be taking orders from the Pope” was often heard from his opponents.Of course, we learned JFK had much more earthly priorities.
The devout posturing of Pelosi, Biden and Cuomo, while at the same time supporting abortion at any time, any date. Nonsense.
You also mentioned character. Were I to advise the Dems on “the broader issue”, that being the election, I would advise them to step lightly. Judge Barrett will be the next Justice. This is widely known. The last confirmation, of Justice Cavanagh, was disgusting. Of course, I am also old enough to recall what Joe Biden did to now Justice Clarence Thomas. You remember the phrase “high tech lynching “? Of course you do. I cannot advise the Dems strongly enough to show some class and upbringing. I would especially advise now VP candidate Comma-la Harris to forego the hearings and campaign. Harris was ruthless on Brett Cavanaugh during his crucifixion by the Dems.If she tries this garbage again, her Vegas odds will plummet. The voters will not tolerate this treatment with Judge Barrett. Go ahead, bring out the long knives again. Help yourselves. Keep in mind , your contempt will once again be re-directed by an American named Lindsey Graham.
Yes, Mr.Sikes, Mr. Barrett should prepare his children for what they may see and hear about their Mom.. Damn shame Mrs. Brett Cavanaugh wasn’t given the same opportunity. Thank you for your thoughtful essay.
Deirdre LaMotte says
Who said anything now about Barrett’s religious belief? She is against a woman’s reproductive freedom; a human right and economic freedom. And it is the law. That is why people are disgusted…she obviously cannot separate her conservative
Catholic religion out of her Chamber. The fact that she has no problem agreeing to the confirmation process
this close to the election tells me she’s just as political as the process. This will delegitimize and hamper the Supreme Court for decades. The fact that she does not believe in Precedent ..WTH? Why be on a court ? That is law school 101.
She is the darling of a group of people who say they are “pro-life” …the same people who ignore over 200,000 Covid
deaths, children in cages and taking the ACA away during a pandemic.
And you know what? It is icky and creepy that Margaret Atwood was inspired to write The Handmaid’s Tale after
researching an organization Barrett is closely aligned with. Really, that says it all. Do not worry about Barrett’s
kids as far as her confirmation. Worry about them growing up with that.
Ed Plaisance says
Re your speculation…born and raised Catholic, I can only hope and pray that no one’s vote is tipped to continue Trump’s outrageous, narcissistic legacy “…because an America that leaves no room for authentic faith is to them a higher risk than four more years.”
Stare decisis does not govern the Supreme Court as it does lower courts, so I worry that so much social progress this country has seen will be overturned by a very right-leaning court. But I will take the conservative judge over Trump in a heartbeat.