{"id":83,"date":"2018-12-23T20:30:06","date_gmt":"2018-12-23T20:30:06","guid":{"rendered":"http:\/\/surfshields.com\/index.php\/2018\/12\/23\/senators-attack-judicial-nominee-for-catholic-faith\/"},"modified":"2018-12-23T20:30:06","modified_gmt":"2018-12-23T20:30:06","slug":"senators-attack-judicial-nominee-for-catholic-faith","status":"publish","type":"post","link":"https:\/\/surfshields.com\/index.php\/2018\/12\/23\/senators-attack-judicial-nominee-for-catholic-faith\/","title":{"rendered":"Senators Attack Judicial Nominee for Catholic Faith"},"content":{"rendered":"
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Pro-choice Democrats from the Senate Judiciary Committee harassed U.S. District Court nominee Brian C. Buescher for his membership in the Knights of Columbus, a Catholic charitable organization, suggesting that this affiliation might disqualify him for judgeship.<\/h2>\n

As the Senate Committee reviewed the candidacy of Brian C. Buescher for the District of Nebraska, Senators Mazie Hirono (D-HI) and Kamala Harris (D-CA) asked<\/a> whether belonging to the Knights of Columbus could prevent Mr. Buescher from hearing cases \u201cfairly and impartially.\u201d<\/p>\n

The senators suggested that the Knights\u2019 opposition to abortion and same-sex marriage could cloud the candidate\u2019s vision and impair his judgment. The questions smelled oddly of a religious litmus test, since the positions under examination are held and taught by the Catholic Church itself and are not unique to the Knights of Columbus.<\/p>\n

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Article VI of the U.S. Constitution prohibits<\/a> the government from considering a person\u2019s faith when assessing fitness to hold federal office. This clause is part of the original Constitution and has been a bedrock principle since the founding of the Republic.<\/p>\n

The Knights of Columbus have taken \u201ca number of extreme positions,\u201d Sen. Hirono stated in written questions sent to Buescher on December 5, such as contributing \u201cto California\u2019s Proposition 8 campaign to ban same-sex marriage.\u201d<\/p>\n

For her part, Sen. Harris asked Buescher whether he was aware that the Knights of Columbus \u201copposed a woman\u2019s right to choose\u201d and were against \u201cmarriage equality\u201d when he joined the organization.<\/p>\n

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\u201cThe Knights of Columbus does not have the authority to take personal political positions on behalf of all of its approximately two million members,\u201d Buescher said in his response.<\/p>\n

A spokesperson for the Knights of Columbus, Kathleen Blomquist, decried the anti-Catholic bias implicit in the senators\u2019 questions.<\/p>\n

\u201cOur country\u2019s sad history of anti-Catholic bigotry contributed to the founding of the Knights of Columbus, and we are proud of the many Catholics who overcame this hurdle to contribute so greatly to our country,\u201d Blomquist told the Catholic News Agency (CNA).<\/p>\n

\u201cWe were extremely disappointed to see that one\u2019s commitment to Catholic principles through membership in the Knights of Columbus \u2014 a charitable organization that adheres to and promotes Catholic teachings \u2014 would be viewed as a disqualifier from public service in this day and age,\u201d she said.<\/p>\n

Another pro-choice Senator, Cory Booker (D-NJ), underscored Mr. Buescher\u2019s vocal opposition to abortion when he was running for Nebraska attorney general in the Republican primary election.<\/p>\n

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\u201cWhy should a litigant in your courtroom expect to get a fair hearing from an impartial judge in a case involving abortion rights?\u201d Sen. Booker asked.<\/p>\n

\u201cAs a candidate for Nebraska Attorney General in 2014,\u201d Buescher responded, \u201cI did what candidates for any major state or federal office do, which is to take political positions on a variety of issues of the day.\u201d<\/p>\n

In his answer, Buescher noted that there is an important difference between taking political positions as a candidate for office and serving as a federal judge.<\/p>\n

\u201cI believe a judge\u2019s role and obligation is to apply the law without regard to any personal beliefs regarding the law,\u201d Buescher wrote.<\/p>\n

\u201cIf confirmed, I will faithfully apply all United States Supreme Court and Eighth Circuit Court of Appeals precedent on all issues, including Roe v. Wade.\u201d<\/p>\n

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In his questioning, Sen. Booker failed to acknowledge that every judge has personal opinions regarding moral questions such as abortion and homosexuality, and he seemed to imply that being in favor of these issues is not an obstacle to judicial impartiality, whereas opposition to them is.<\/p>\n

The Senators\u2019 faith-based hazing of Mr. Buescher was redolent of the similar shameful treatment<\/a> dealt out to Amy Coney Barrett a year ago when President Donald Trump nominated her to serve as a judge of the U.S. Court of Appeals for the Seventh Circuit.<\/p>\n

During the confirmation process, several Democratic Senators grilled Barrett on her Catholic faith, suggesting that such religious belief was an obstacle to judicial service.<\/p>\n

\u201cWhen you read your speeches, the conclusion one draws is that the dogma lives loudly within you,\u201d Feinstein said. \u201cAnd that\u2019s of concern when you come to big issues that large numbers of people have fought for for years in this country.\u201d<\/p>\n

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The dogma lives loudly in you.<\/p>\n<\/div>\n

Shortly after the confirmation hearings, the U.S. Catholic Bishops denounced the line of questioning directed at Barrett in a formal\u00a0statement<\/a>.<\/p>\n

These questions \u201charken back to a time in our country when anti-Catholic bigotry did distort our laws and civil order,\u201d the statement read, and are \u201ca reminder that we must remain vigilant against latent bigotries that may still infect our national soul.\u201d<\/p>\n

\u201cPeople of faith\u2014whatever faith they may hold\u2014should not be disqualified because of that faith from serving the public good,\u201d the statement said.<\/p>\n

\u201cRather than hold people of faith in suspicion, our laws and lawmakers should tolerate, if not celebrate, the role faith has in society and in the lives of individuals. To do otherwise is contrary to the ideals of a healthy, pluralistic society,\u201d it said.<\/p>\n

Follow Thomas D. Williams on Twitter<\/em> Follow @tdwilliamsrome<\/a><\/p>\n<\/div>\n","protected":false},"excerpt":{"rendered":"

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