Opinion
Kavanaugh would maintain the Catholic majority. What does that mean for the Supreme Court?
When President Trump
nominated Brett Kavanaugh to succeed Anthony Kennedy as associate
justice of the Supreme Court, media attention focused on the fact that
both men are Catholics.
Should Kavanaugh be
confirmed by the Senate, the Catholic majority on the court would be
maintained. In addition, Trump’s first court appointee, Neil Gorsuch,
although he attends an Episcopal church, was raised Catholic and was a
contemporary of Kavanaugh at Georgetown Prep, an elite Jesuit high
school in Bethesda, Maryland. What does this “Catholic Court” mean for
the decisions that lie ahead?
It might be
noted that the other three judges on the court are Jewish. It is ironic —
but perhaps a sign of progress — that two religious groups that
experienced discrimination for generations and were long excluded from
the court now monopolize that institution. In more recent decades, there
was a so-called “Catholic seat,” a “Jewish seat,” and a “black seat” on
the court. Now, in the interest of diversity, perhaps there’s a need
for a “Protestant seat”! Indeed, since an increasing proportion of the
American population professes no religion at all, there might be a seat
reserved for a nonbeliever.Both Kavanaugh and
Kaine have said that their Jesuit education inspired them to enter
public service. Likewise, both have expressed their admiration for Pope
Francis, the first Jesuit popThat Kavanaugh is a
Republican and Kaine a Democrat suggests that Catholics cannot easily be
labeled as conservative or liberal. In the House, where one-third of
the members are Catholic, half are Democrats and half Republicans. In
the Senate, 15 Catholic members are Democrats and 9 are Republicans.What can be expected in
the years ahead with a “Catholic Court?” Perhaps a clue, a hope, is
provided on the website of Georgetown Prep. Under the heading “Ignatian
Discernment,” referring to St. Ignatius Loyola, the founder of the
Jesuits, it says, “God’s voice can be discerned most clearly by a
careful examination of one’s deepest, most authentic desires. God’s
voice can also be discerned in a group setting: prayerful consideration
of the movements of the Spirit in the group’s ongoing work,
conversation, prayer, etc.”If nine people, of
whatever religious persuasion, work together with openness and respect,
let’s hope what emerges are the decisions that best reflect the spirit
of the Constitution and the well-being of all the American people.
William Powers, a retired sociology professor, lives in Chapel Hill. He is the author of “Tar Heel Catholics: A History of Catholicism in North Carolina.”
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