Smith and Chabot Release Judicial Nominations Report

Congressman Lamar Smith ^ | 30 Oct 2003 | Christopher Chichester

[Alissa]

October 30, 2003 - The text of Rep. Smith's opening statement:

Recently, there has been a dangerous erosion of religious tolerance in the Federal judicial nominations process.

Article Six of the United States Constitution, referred to as the Religious Test Clause, prohibits religion from being used as a test for any office or public trust in the United States.

The protections contained within the Religious Test Clause logically extend to presidential nominees presented to the U.S. Senate for confirmation, including judicial nominees.

The underlying bias shown towards judicial nominees with “deeply held beliefs” or “strongly held convictions” is a disturbing departure from the requirements of the Constitution.

This bias has been most evident and most explicit during the nomination process of Alabama Attorney General Bill Pryor, who is being considered for the Eleventh Circuit Court of Appeals. Comments directed to him amounted to simply this: people with “deeply held beliefs” are unfit for public office.

Most Americans don’t think our constitutional government is threatened by confirming qualified judicial nominees who have “deeply held religious beliefs.”

Those who oppose nominees on the grounds of their “deeply held religious beliefs” are claiming that judges cannot maintain their religious beliefs and judicial impartiality at the same time. Do they mean we should seek judges who only hold “shallowly held beliefs?” By definition, judges are expected to possess an ability to put their religious beliefs aside and apply the constitution and our nation’s laws impartially.

Yet some have decided to assert an unconstitutional religious beliefs test as they debate judicial nominations, particularly in the case of Attorney General Pryor.

The opponents of his nomination say this isn’t a religious litmus test, but their actions and words amount to the same thing.

No American should stand by silently and allow their representatives to ignore a nominee’s qualifications and substitute instead an unconstitutional religious beliefs litmus test. While these acts of discrimination may not be intentional, they violate the Constitution and demean the confirmation process of judicial nominees.

The report being released today summarizes evidence that a religious test is being imposed on judicial nominees. This is not politics as usual. It is of concern and interest to all Americans, Republicans and Democrats alike, who may have different “deeply held religious beliefs,” and object to a religious belief test for judicial nominees.

Today it is Bill Pryor’s Catholic faith that is the subject of a religious litmus test. Tomorrow it may be a Baptist or a Quaker or a Jew. What does this say for the future of our country, what does this say to those who aspire to public office but have “deeply held beliefs?”

[Alissa]

Lamar Smith is my Congressman.

[princess leah]

Our founding fathers are rolling in their graves at the disregard these current liberal senators are showing for all they strove to fight for in the beginning of creating this great nation. They have twisted and distorted the constitution and blatantly ignored the judicial nomination system for their liberal agendas and I hope the voters from their home states do what's right and eject them from their jobs ASAP...

[Keith]

Lamar Smith is a brave man. He, like me, is a Christian Scientist. If there is any group than understands the potential for the state to interfere with your right to freedom of your religious beliefs, it's Christian Scientists.