Taking Theology Seriously: The Status of the Religious Beliefs of Judicial Nominees for the Federal Bench

Abstract

On November 9, 2005, the Notre Dame Journal of Law, Ethics and Public Policy hosted a symposium entitled The Religious Commitments of Judicial Nominees. The author was the third speaker at the Symposium. His remarks have been revised for publication. In this article, he explores the difficult question of how the theological beliefs of nominees to the federal bench should be treated by the U.S. Senate. He suggests a solution that treats theology with epistemological respect while at the same time allaying some, though he suspects not all, of the fears expressed by some U.S. Senators who are suspicious of the mischief that could be caused by theologically serious judges and justices.

Keywords: religion, law, judicial ethics, abortion, theology