Steven Waldman

Bill Donohue: Will Likely "Quietly Root For" Sotomayor (!)

Thursday May 28, 2009

Conservative Catholic activist Bill Donohue shocked me this morning by saying he will "quietly root for" the confirmation of Sonia Sotomayor. During an email exchange, he wrote:

"I like the fact that she is not brandishing her religion. I do not want Catholic judges to rule as Catholics but as judges. I am all for Catholic legislators having a Catholic-informed opinion, but a judge has a different charge. Unless something pops that we don't know about, I am not going to oppose her. Indeed, the experiences I had working with the Puerto Rican community lead me to quietly root for her."

Donohue is the head of the Catholic League for Religious and Civil Rights, and a longtime critic of liberal cafeteria Catholics, pro-choice Catholic politicians and anti-Catholic bias in the media. He's an honorary member of the "religious right" so his comments are sure to stir conversation among religious conservatives.

The first part of the comment is interesting, as it mirrors what Justice Antonin Scalia has himself said: that Catholic judges have no obligation to bring to bear their religion in deciding matters on the court. It signals that I may have been wrong in predicting full out Catholic church campaign against her. Of course, it may be easier for Donohue -- and the Catholic hierarchy -- to stomach Sotomayor because she doesn't, so far, seem to be a down-the-line pro-choicer.

Whatever the reason, Donohue's statement is a signal that, at a minimum, there is not a united front among religious conservatives.

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Comments
Dio Genes
May 29, 2009 10:11 AM

Quietly? I didn't know Bill Donahue had a volume setting lower than "Bellow".

maryis
May 29, 2009 3:47 PM

"Justice Antonin Scalia has himself said: that Catholic judges have no obligation to bring to bear their religion in deciding matters on the court."

Note the word "obligation." There's the wiggle room.

Pope Benedict has openly decreed that any Catholic in any kind of official office who rules in favor of any type of abortion will be excommunicated from the Catholic church. With six Catholic judges on the court, what would they do if an abortion rights case made it to the SCOTUS? Would they recuse themselves? Would they risk excommunication?

I think the answer to both of those questions is a resounding "no." And so it makes perfect sense that Bill Donohue will 'quietly root' for her confirmation. The court is now stacked and if they can get a case in front of SCOTUS, I can't see any of those sitting judges put ruling on legislation above their beliefs or the threat of excommunication. Non-Catholics just don't seem to get it.

And so if Sotomayor has not taken any stance or shied away from a stance on abortion rights, there's a calculated reason for her to do so. I can't even imagine Scalia giving up his Opus Dei membership card.

Anonymous
May 30, 2009 4:42 PM

Clarence Thomas said he could walk in other's shoes

He said, "but for the grace of God go I"

See video:

www.huffingtonpost.com/2009/05/30/clarence-thomas-on-walkin_n_209376.html

Seagull
May 30, 2009 11:59 PM

Those who condemn her for the Ricci case are condemning her for NOT being an activist judge. As a Circuit Court judge she is compelled to follow a previous case decision by an earlier 3 judge panel in the Circuit. The only way to overturn the case -- and not be "activist" is for the Circuit to hear the case En banc (entire 15 judge panel) or by the Supreme Court to overturn it. SHE FOLLOWED THE LAW. Reading the decision, I think it was purposely set up for SCOTUS to hear it and settle it once and for all.

If it is overturned, she will not be but the case that she was bound by will be overturned.

It's time for a course correction in civil rights law. 40 years ago, it was more probable than not the test was unfair to minorities, so the skewed results were enough for a legal presumption of discrimination. Today, when the fire department has good minority representation throughout its ranks, the results of one test should not give that presumption of discrimination. After 40 years of civil rights jurisprudence, the only body that can tweak how the legal presumption is applied is the Supreme Court. That is probably why they took the case on cert. in the first place.


Your Name
June 1, 2009 4:55 PM

Maryis Your comments are incoherent. Are you a Catholic? I am and am unaware of any decree by our Pope like you describe. Please cite your assertions with some facts. American Catholics are governed by their American elders first... the American Bishops who have yet to excommunicate most Catholic politician for supporting pro-choice laws and policies. One or two have been denied Holy Communion. I WISH THE POPE DID MAKE SUCH A DECREE.

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