WASHINGTON: The five justices who turned the U.S. Supreme Court around last week and upheld a ban on one form of abortion have much in common. All are men. All were nominated by conservative Republican presidents. And, it was widely noted, all are Roman Catholic.
Did their religion matter? Should it even be discussed? Following the 5-4 ruling in Gonzales v. Carhart, these questions have been raised and debated in venues from the blog of the American Constitution Society (where Geoffrey Stone, a constitutional law professor, said the justices' religious identity was "too obvious, and too telling, to ignore,") to ABC's "The View," (where Rosie O'Donnell declared, "How about separation of church and state in America?" according to ABC News.)
The pushback from conservative Catholics was immediate, even pre-emptive. Bill Donohue, president of the Catholic League for Religious and Civil Rights, declared, "We need more, not fewer, Catholics on the Supreme Court."
On his Web site, the Reverend Richard John Neuhaus, an influential conservative who converted to Roman Catholicism in 1990, wrote last week, "I expect it is on the minds of many, but so far there has been only marginal public comment on the fact that all five in the Carhart majority are Catholics." He added, "What can one say? Know-Nothings of the world unite?" The Know-Nothing movement opposed permitting Roman Catholics to immigrate to the United States from Ireland in the 1850s.
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http://www.iht.com/articles/2007/04/25/europe/scotus.php