Among the important sources for this discussion are John Kennedy's famous address to the Houston Ministerial Association- available online at the Kennedy library site- Marion Cuomo's' mid 1980's or early 1990's address at Notre Dame and Henry Hyde's response. There was also an important opinion by a Mormon federal judge who held high office in the Church who had before him a case about the validity of the enactment of the ERA which the Church had opposed. NOW had sought his recusal. He refused and wrote a good opinion.(AJCongress and less significantly the Carter DOJ both of which supported the ERA also opposed the motion to recuse.) Marc Stern
-----Original Message----- From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Paul Horwitz Sent: Tuesday, July 26, 2005 1:22 PM To: religionlaw@lists.ucla.edu Subject: RE: "The Faith Of John Roberts" I agree with Stuart's general point -- and, even before the latest apparent disavowal, was disturbed that this issue might be teed up (for Turley argued that Roberts' answer effectively legitimized questions on the subject at the confirmation hearings) by a report, taken from two anonymous sources, of a semi-private conversation. I've written on this over at the Prawsfblawg web site. It seems to me that Turley's original piece got it almost exactly backwards, for the reasons Stuart suggests: Roberts was saying that he would recuse himself before he would let his personal views (whether religious or otherwise) color his rulings. I happen to believe Senators may question a nominee on the subject, although I think there are far more productive ways to go about asking these questions; but it seems to me Turley's handling of the issue was clumsy at least. But note that Turley might still, if the original statement had been accurate, have raised a valid concern: whether Roberts would ultimately be required to recuse himself in some of the more significant constitutional cases before the Court. Recall that an analogous concern was raised by some scattered and mostly conservative writers about the possible nomination of Attorney General Gonzales. Paul Horwitz Associate Professor of Law Southwestern University School of Law >From: "Stuart BUCK" <[EMAIL PROTECTED]> >Reply-To: [EMAIL PROTECTED], Law & Religion issues for Law >Academics <religionlaw@lists.ucla.edu> >To: religionlaw@lists.ucla.edu >Subject: RE: "The Faith Of John Roberts" >Date: Tue, 26 Jul 2005 11:56:56 -0500 > >For what it's worth: > >1. Senator Durbin's office (whose interview with Roberts led to the >original report) now disputes that the original report was accurate: > >http://washingtontimes.com/national/20050726-121131-2535r.htm > >Jonathan Turley's column is not accurate," Durbin press secretary Joe >Shoemaker said, adding that his boss never asked that question and Judge >Roberts never said he would recuse himself in such a case. > "Judge Roberts said repeatedly that he would follow the rule of law," >Mr. Shoemaker said. > > >2. What's supposed to be so bad about the originally reported answer of >Roberts, anyway? According to the original article, "Roberts was asked by >Sen. Richard Durbin (D-Ill.) what he would do if the law required a ruling >that his church considers immoral. . . . Renowned for his unflappable style >in oral argument, Roberts appeared nonplused and, according to sources in >the meeting, answered after a long pause that he would probably have to >recuse himself." > >The first thing to note is that Roberts did not say (as Turley then >suggested) that his personal religious views would color how he interpreted >the laws. Far from saying that he would let his religious views override >the law, he said (reportedly, in an account that may be inaccurate) that he >might recuse himself before issuing a ruling that he considered immoral. > >Well, anyone might have philosophical or ideological reasons -- not merely >religious reasons -- to believe that the "law" requires a ruling that is >"immoral." (If I recall, Sandy Levinson's book on "Constitutional >Tragedies" contained a number of examples.) So what are judges supposed to >do in such situations? Should they say, "What I think is immoral is >completely irrelevant. If the law requires me to return a fugitive slave >to his master, for example, the morality of the situation doesn't matter to >me"? > >Is that, as a general matter, the way that judges should think of >themselves and their roles? Isn't recusal at least an honorable option in >such instances? > >Best, >Stuart Buck > > >>From: Brad M Pardee <[EMAIL PROTECTED]> >>Reply-To: Law & Religion issues for Law Academics >><religionlaw@lists.ucla.edu> >>To: religionlaw@lists.ucla.edu >>Subject: "The Faith Of John Roberts" >>Date: Tue, 26 Jul 2005 10:23:50 -0500 >> >>Interesting article in the LA Times about how John Roberts would handle a >>situation where the law requires him to issue a judgment that violates the >>teachings of his faith. If their account of the conversation is true (and >>we all know the mainstream media ALWAYS gets its facts straight before >>talking about faithful Christians, right? *rolls eyes*), then their >>concern is a valid one. >> >>http://www.latimes.com/news/printedition/opinion/la-oe-turley25jul25,1 ,3397898.story?ctrack=1&cset=true >> >> >>Brad >>_______________________________________________ >>To post, send message to Religionlaw@lists.ucla.edu >>To subscribe, unsubscribe, change options, or get password, see >>http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw >> >>Please note that messages sent to this large list cannot be viewed as >>private. Anyone can subscribe to the list and read messages that are >>posted; people can read the Web archives; and list members can (rightly or >>wrongly) forward the messages to others. > >_________________________________________________________________ >Don't just search. Find. Check out the new MSN Search! >http://search.msn.click-url.com/go/onm00200636ave/direct/01/ > >_______________________________________________ >To post, send message to Religionlaw@lists.ucla.edu >To subscribe, unsubscribe, change options, or get password, see >http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw > >Please note that messages sent to this large list cannot be viewed as >private. Anyone can subscribe to the list and read messages that are >posted; people can read the Web archives; and list members can (rightly or >wrongly) forward the messages to others. _______________________________________________ To post, send message to Religionlaw@lists.ucla.edu To subscribe, unsubscribe, change options, or get password, see http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw Please note that messages sent to this large list cannot be viewed as private. Anyone can subscribe to the list and read messages that are posted; people can read the Web archives; and list members can (rightly or wrongly) forward the messages to others. _______________________________________________ To post, send message to Religionlaw@lists.ucla.edu To subscribe, unsubscribe, change options, or get password, see http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw Please note that messages sent to this large list cannot be viewed as private. Anyone can subscribe to the list and read messages that are posted; people can read the Web archives; and list members can (rightly or wrongly) forward the messages to others.
