Ok, so maybe the religion of the nominee doesn't matter . . . but by my count that makes 5 . . . Roberts, Scalia, Thomas, Kennedy, and now . . . Alito.
Talk about a judicial monastery!
What's interesting to me is what this says about a Catholic perspective of Jurisprudence and the virtue of work. All of the catholics currently on the court, Kennedy included, take the questions of law seriously. They have a developed, articulate, and nuanced judicial philosophy which, even when there is disagreement, there is honest and intelligent debate about those points. Kennedy, who is considered the more "liberal" of the bunch is by no means a radical.
But judicial philosophy alone does not a supreme court justice make. The other factor is their long and thoughtful careers. These men have taken their work seriously and pursued it as a great good while at the same time being responsible fathers, friends, and citizens.
The fact that President Bush and the conservative movement find judges like Alito so appealing is rooted in that they are not ideological. Yes, this is what the left will accuse them of, but it's an empty accusation. Alito has ideas, he adheres to a philosophy that informs his decision making, and he adheres to a religion that emphasizes human freedom as the greatest good. However, as the news reports are indicating (and the conservative bloggers and commentators are emphasizing) he is a man who has made judicial decisions quite contrary to his own ideas because they were legitimate legal conclusions.
It will be interesting to see how this nomination plays out, but I for one think that the most interesting thing about this nomination process is a question that starts to arise . . . why don't evangelicals make good judges? I mean, Sandra Day O'Connor and William Rhenquist both came from traditional protestant backgrounds. Who were the names being touted by conservatives that came out of evangelical churches? I wonder why the evangelical establishment has not yet cried "mark of the beast" or "whore of babylon" about these judges . . . God knows the radio crazies have.




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