Monday, July 25, 2005

Recuse me

While the Catholic right continues its attack on every mention of Supreme Court nominee John Roberts' religion as an example of "Catholic baiting," along comes the very sober Jonathan Turley of George Washington University Law School, recounting, in today's Los Angeles Times, a troubling exchange between the nominee and Senator Richard Durbin (D-Ill.), one of the four Roman Catholic members of the Senate Judiciary Committee.

According to Turley, Durbin asked Roberts what he would do "if the law required a ruling that [the Catholic 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.

Sounds reasonable? Think again. He's saying he's unwilling to uphold the Constitution if the Church says he shouldn't. Turley also notes the possibility of a Supreme Court deadlocked over key cases.

Click here to read Turley in the L.A. Times.

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