U.S. Sens. Dick Durbin (D-IL) and Dianne Feinstein (D-CA) have drawn the ire of national commentators for suggesting that a U.S. circuit court nominee is unsuitable for the position because of her religious faith and how it could affect her legal interpretations, according to the Illinois Republican Party.
During the Senate Judicial Committee hearing on the nomination of Notre Dame law Prof. Amy Coney Barrett to the 7th Circuit Court of Appeals, Durbin and Feinstein questioned the influence her faith would have on her performance as a judge.
Durbin asked Barrett if she considers herself an orthodox Catholic, while Feinstein suggested that previous speeches from Barrett provoked concern over religious dogma.
Sen. Dick Durbin (D-IL)
| https://www.durbin.senate.gov/about-dick-durbin
“Dogma and law are two different things,” Feinstein said. “And I think whatever a religion is, it has its own dogma. The law is totally different. And I think in your case, professor, when you read your speeches, the conclusion one draws is that the dogma lives loudly within you, and that’s of concern when you come to big issues that large numbers of people have fought for years in this country."
An editorial from the Wall Street Journal suggested parallels to the mistrust foisted on John F. Kennedy during his presidential campaign due to his faith.
“Does Mr. Durbin understand that he sounds like the Southern Baptist ministers in 1960 who thought Jack Kennedy shouldn’t be President because he’d take orders from the pope?” the Journal said.
The Chicago Tribune’s John Kass wrote in an opinion piece that it was somewhat refreshing to have Democrats reveal their bigotry and drew comparisons to the scrutiny applied to leftists during the Cold War.
The Rev. John Jenkins, president of Notre Dame, praised Barrett’s character and noted that she had confirmed her commitment to follow precedence or, if necessary, recuse herself.
“...Professor Barrett has made it clear that she would 'follow unflinchingly' all legal precedent and, in rare cases in which her conscience would not allow her to do so, she would recuse herself,” Jenkins said in a statement. “I can assure you that she is a person of integrity who acts in accord with the principles she articulates."
He went on to note that living according to dogma is a fundamental aspect of faith, and that those who do so while serving the law should be commended.
"Democrats like Dick Durbin have gone too far,” Illinois GOP spokesperson Aaron DeGroot said in a statement. “Our Constitution is clear – under no circumstances can a religious test be used as a qualifier for public office, including a federal judgeship, but that didn't stop Durbin from pushing the envelope. If Durbin wants to challenge Catholic orthodoxy, perhaps he should leave the Senate and head to the seminary.”
DeGroot localized the matter by asking what Democratic gubernatorial candidates Chris Kennedy, nephew of John F. Kennedy, and J.B. Pritzker thought.
"Did they think Durbin's line of questioning was appropriate?” DeGroot said in his statement. “Or do Kennedy and Pritzker think Durbin's questioning brings us back to a dark time where public servants faced persecution for their religious affiliation?"
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