The conservative media’s religious test
Posted in Main Blog (All Posts) on May 18th, 2010 4:49 am by HL
The conservative media’s religious test
Conservative media have invoked Supreme Court nominee Elena Kagan’s Judaism in order to suggest that she may be a radical or that the court would not represent mainstream America if she is confirmed.
Constitution prohibits religious tests for judicial nominees
Constitution says that “no religious Test shall ever be required as a Qualification to any Office.” While it’s obviously not unconstitutional for conservative media to invoke Kagan’s Judaism while criticizing her nomination, such comments are particularly noteworthy in light of the tradition of religious tolerance in this country, as exemplified by the Constitution’s prohibition of religious tests for public office. Article VI of the Constitution stated: “Pat Buchanan is a recidivist anti-Semite who never misses an opportunity to show his fangs. His remarks about the Jewish background of Elena Kagan and the religious makeup of the Supreme Court are bigoted and unacceptable in a pluralistic society such as ours.” He added, “Kagan’s nomination for the Supreme Court should be considered on its merits. She is a highly qualified candidate for the judiciary, an exemplary Solicitor General and a great legal mind.”
Sen. Lautenberg: Buchanan’s “outrageous” comments make it sound like he “longs for the days when religious quotas kept people out of high-ranking positions in government.” From Sen. Frank Lautenberg’s (D-NJ) statement responding to Buchanan’s column:
“It is outrageous that Mr. Buchanan is using Elena Kagan’s religion as kindling to enflame opposition to her nomination to the Supreme Court,” stated Lautenberg. “Elena Kagan was chosen by President Obama because of her ability and knowledge, and Mr. Buchanan’s comments undermine her significant legal achievements. It sounds like Mr. Buchanan longs for the days when religious quotas kept people out of high-ranking positions in government.”
