What role does religion play in U.S. Supreme Court justices' nominations and decisions?

THE QUESTION:

What role does religion play in Supreme Court justices’ nominations and decisions?

THE RELIGION GUY’S ANSWER:

By a thin margin, Amy Coney Barrett won confirmation to the U.S. Supreme Court without the quizzing about her devout Catholicism — like Senate Democrats Diane Feinstein raised with Barrett’s lower-court nomination and Kamala Harris with another judicial nominee.

Nevertheless, the media pushed this theme, including her involvement with People of Praise, a close-knit community of “charismatic” Catholic families.

This was perhaps the most intense discussion of a nominee’s religion since Louis Brandeis (a justice 1916-39) became the Court’s first Jew following the agony of history’s longest confirmation process, with 19 hearings. Ostensibly, critics questioned his entanglements as a Boston lawyer, but Democratic stockbroker William F. Fitzgerald gave the game away by regretting the nomination of a “slimy fellow” with a “Jewish instinct.”

A smaller dustup involved Democratic nominee Hugo Black (on the Court 1937-71). He was denied the usual automatic deference granted a fellow U.S. Senator when reports emerged that as a young lawyer he joined the Ku Klux Klan, with its hatred of African-Americans, Catholics and Jews. Journalists only proved his KKK membership after a strong Senate vote for confirmation.

The Brandeis breakthrough launched an unwritten tradition of the Court’s “Jewish seat,” also filled by the religiously agnostic Benjamin Cardozo, who overlapped with Brandeis (1932-38), Felix Frankfurter (1939-62), Arthur Goldberg (1962-65) and the unfortunate Abe Fortas (1965-69). After a long gap, Ruth Bader Ginsburg began her celebrated tenure (1993-2020). There was also a “Catholic seat” line with Pierce Butler (1923-39), Frank Murphy 1940-49), William Brennan (1956-90) and Antonin Scalia (1986-2016).

The first Catholic on the Court was Chief Justice Roger Taney (1836-1864), who is not loudly hailed because he wrote the Dred Scott decision that’s widely blamed for precipitating the Civil War.


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Podcast: Whoa! An old religion-beat story heated up the politics of Florida in 2020

If you have followed the religion beat for several decades, you know that one of the most important trends has been the rising numbers of Hispanics — in Latin America and in the United States — who have converted to various forms of Protestantism. Check out this huge study by the Pew Research Center on the Pentecostal side of that trend.

But that’s just, you know, religion stuff. That kind of information isn’t really real until it affects something important — like politics. Right?

That brings us, once again, to the closer-than-expected 2020 showdown between Joe Biden and Donald Trump. And, no doubt about it, the Washington Post political desk was impressed with the many hooks that GOP leaders used to reel in lots of Hispanic voters in Florida, which is supposed to be the ultimate multicultural swing state in American politics.

The story considered many different angles, from the usual stress on Cuban conservatism to talk of how immigrants from troubled lands in South America may have been swayed by warnings about “socialism” and images of mobs in major-city streets crashing into businesses and public buildings. The headline focused on one location: “Miami-Dade Hispanics helped sink Biden in Florida.”

There was, however, an important topic missing in this story. Want to guess what that was? This was — no surprise — one topic discussed during this week’s “Crossroads” podcast. Click here to tune that in.

This political trend in Florida was so important that the Post produced another story about it: “Democrats lose ground with Latino voters in Florida and Texas, underscoring outreach missteps.” Readers who dug deep into this piece finally hit the following:

The Democratic Party’s failure in Florida to build a permanent campaign infrastructure to target Latinos left the Biden campaign at an early disadvantage, said Fernand Amandi, a Democratic pollster and strategist in the state. Amandi said he has warned Democratic leaders about this election cycle after election cycle, but has seen little change.

Although Cuban Americans, who tend to live in Miami-Dade County, have historically been Republican-leaning voters, their commitment to the GOP is not monolithic. Meanwhile, Puerto Ricans, whose numbers have grown in the state in recent years, are often assumed to be Democrats. That is not always the case among many evangelical Protestants and those who have recently moved from Puerto Rico.

If you missed that three-word phrase — “many evangelical Protestants” — there was this sentence later:


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Election 2020: It ain't over 'til it's over, but familiar religion-news hooks are already obvious

The political recriminations will be flowing in coming weeks, months and years.

Why was the Joe Biden campaign effort so astonishingly (yes) "sleepy"? How could Donald Trump do so well when so many people kept telling pollsters they find him unnerving if not repellent, and bemoan his handling of the COVID-19 crisis? And speaking of polls, why did the nation’s elite media — once again — let them slant coverage, and can their distortions ever be remedied?

With control of the White House and U.S. Senate still undecided as this is written, The Religion Guy underscores a quote: "There's something going on out there that most of the media have been missing." That's from Jim VandeHei, the savvy co-founder of both Politico.com and then Axios.com, speaking on devoutly Democratic MSNBC Wednesday morning. He added, "Obviously Donald Trump and the Republicans are the big beneficiaries of that as we sit here today, even if Trump loses the presidency."

The Guy chimes in with the related observation that Democrats and sectors of the media continue to miss or misplay the religion factor in America’s cultural divide. This will require careful reconsideration following the recounts, legal games, Electoral College vote December 14 and state certifications of Senate winners.

Newswriters' analysis of religion and what happened should note data the experts at Pew Research Center posted October 26 and on October 13. Note well that Pew echoed many others in giving Biden a healthy 52- 42 margin over Trump among registered voters.

Pew found predictable pre-election enthusiasm for Democrat Biden among Black Protestants (by 90 percent), Jews (70 percent, though less among regular worshippers while the Orthodox minority leaned GOP), and Hispanic Catholics (67 percent, but hold that thought).

Then there's the big new constituency of "nones" with no religious identification (71 percent). That’s another theme GetReligion has been stressing for a decade. Democratic dependence on non-religious citizens presumably affects the party's lack of affinity for religious interests. The 2020 returns may tell reporters whether that is a mistake.

Trump's coalition per Pew consisted of white "evangelical" Protestants (78 percent support), non-evangelical white (i.e. "mainline") Protestants (53 percent) and white Catholics (52 percent). The Guy figured it would be hard for Trump to eke out a win unless he could do somewhat better with that last group. Repeat after me: Arizona, Florida, Iowa, Michigan, Nevada, New Hampshire, Ohio, Pennsylvania, Wisconsin.


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Concerning Hispanic evangelicals, secret Trump voters and white evangelical women in Georgia

Life is strange. When I chose the “Groundhog Day” graphic for our 2020 election posts, I did so because I was trying to capture the numbing, “here we go again” nature of the day.

I had no idea that the 2020 results — whether President Donald Trump wins or not — would end up resembling the 2016 race to this degree.

Take Florida. As you may know, everyone in cable-news land last night was talking about Florida as the point of a spear — symbolizing the surprising numbers of Hispanics voting for Trump. It turned into one of the stories of the night. This was part of a rise (small, but significant) in Trump voters in a number of different categories linked to race.

Yes, note the Latino numbers. There may be several layers to that story.

For example, if you read GetReligion, then you know that we were convinced that the rise of Latino evangelicals (and Pentecostal believers) was one of the most important stories of the 2016 race, giving Trump crucial votes that put him in the White House.

Cue the “Groundhog Day” clock. Again.

But let’s note that political-beat journalists would have noticed this trend quicker if they had paid attention, not only to GetReligion (#DUH) but to some important religion-beat reporting elsewhere. Remember that New York Times story that we praised recently? See the post with this headline, “New York Times listens to Latino evangelicals: 'Politically homeless' voters pushed toward Trump.” That post includes a flashback to my 2016 thoughts on Latino evangelicals in Florida.

If you want more input on that issue, and others, please see this new piece by Clemente Lisi: “Election 2020: 3 Things We Learned About Faith And Voting” (at Religion Unplugged). He noted a crucial fact on the Trump campaign calendar:

It’s true that Latinos in general did help Trump (for example, Cuban-Americans in Miami-Dade County), the Hispanic evangelical vote mattered, as GetReligion recently pointed out. NBC News exit polling revealed that 55% of the state’s Cuban-American vote went to Trump, while 30% of Puerto Ricans and 48% of “other Latinos” backed the president.


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Attention Sean Feucht and evangelical leaders: Hatred of the press is hurting your cause

Theologian Karl Barth had the most wonderful advice for preachers back in the day: Teach with a Bible in one hand and a newspaper in the other.

If only more conservative religious leaders would try that. I’ve been in journalism since I was 16 and I’ve never seen the hatred against the media that I see among today’s evangelical Protestants, and I suspect conservatives in other traditions aren’t far behind.

I ran into this as I was reporting on singer/politician Sean Feucht and his “worship protest” concerts for Politico for a piece that ran Oct. 25. Getting rebuffed whenever I tried to interview him got rather tiring when I noticed how he was tweeting his vexation with media coverage while planning a huge Christian concert on the Mall that day.

Note to public figures: When you continually refuse to give reporters access, don’t be surprised when their coverage isn’t what you’d like.

I first invited Feucht to be on a panel for the annual conference of the Religion News Association in late September. Even though he wasn’t on the road that week, his spokeswoman, Whitney Whitt, would not make him available. Here he had an amazing opportunity to tell his side of the story to 123 reporters and editors from around the country and he couldn’t be bothered.

Then I got an assignment from Politico to describe this man and why he was running around the country having these mask-less and non-socially distant concerts that were infuriating officials in a number of the cities in which he appeared. Whitt finally said I could have 10 minutes of his time. But when I called, he wasn’t there.

The spokesperson then said she’d messed up the time zones (he was on Central and I was on Pacific), so I reminded her that the ethical thing to do — when it’s their fault the interview didn’t happen — was to re-schedule as soon as possible. She ignored me from then on.

This guy had run for political office earlier this year. He’d showed up at the White House late last year and snagged a photo of himself with Vice President Mike Pence (shown with this blog post) and made it into a campaign poster. He then started getting major backing from Missouri Sen. Josh Hawley for his unorthodox open-air worship rallies.

Note to Feucht and evangelical/charismatics like him: If you’re going to run with the big boys, you need to ramp up your professionalism. I repeat: Any time you get involved in politics, you should expect to intelligently engage with liberal as well as conservative media. Refusing to answer their calls is an insane media strategy, one that is guaranteed to lead to one-sided coverage.


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Tick, tick, tick: RNS offers logical religion-news angles to watch (other updates to come)

Trust me. It isn’t easier going through this election day when you are not committed, on any level, to either of the major party candidates.

I do have a sense of foreboding. Maybe it was seeing all the pictures of workers boarding up the downtown stores in lots of blue-zip-code megacities. That makes me think that they believe that there is a chance of a Donald Trump victory or, at the very least, mass chaos linked to complications counting ballots.

What will tomorrow look like?

Does anyone remember 2000? I stayed up until Al Gore declined to concede and, thus, had to be careful when writing the On Religion column I had planned, based on one of the final speeches of Democrat Joe Lieberman, the vice presidential nominee.

Around dawn, I wrote these lines:

But wait. This week's soap opera also demonstrated that America remains divided right down the middle on issues rooted in morality and religion. There is a chasm that separates the heartland and the elite coasts, small towns and big cities, the Boy Scouts and the Girl Scouts, those who commune in sanctuary pews and those who flock to cappuccino joints. …

Uh, other than the Boy Scouts sliding left (and into bankruptcy), what part of that sad litany would you change right now?

I will be writing again tonight and tomorrow morning. Thus, I appreciated the Religion News Service guide to some of the religion-angle hooks to watch carefully tonight. Most of these have received tons of GetReligion attention in recent months or years, but here are some crucial points from that news-you-can-use feature:

* Democrat Joe Biden owes his nomination to African-Americans — especially churchgoers — in South Carolina. Now he needs a big turnout from Black churches in Pennsylvania, Georgia and elsewhere. RNS noted:


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For millions of Americans, religion will -- once again -- play a major role on Election Day

Election Day is here and, if you’ve been following the news, you know that staggering numbers of Americans have already cast their votes. Once again, journalists face the challenge of covering the many religion-news angles that have played major roles in this drama.

During the final days of the campaign, a new poll showed that — as common in recent decades — approximately four in 10 Americans say that they factor in personal religious beliefs into their voting decisions.

The survey, conducted by the Saint Leo University Polling Institute, asked 1,500 people — 500 of those voters in the battleground state of Florida — about the role of faith in American political life. Despite a growing number of Americans who no longer belong to an organized religion, faith continue to be a big factor in voting.

The religious affiliations of Americans have been of particular interest during this election cycle since former Vice President Joe Biden is only the fourth major-party nominee in U.S. history to be Roman Catholic.

Highlighting the importance of faith is President Donald Trump’s continued courting of evangelical and devout Catholic voters across the country and particularly in battleground states he desperately needs to win. As a result, both Biden and Trump campaigns have been aggressively courting faith communities, especially Catholics across the Rust Belt states of Ohio and Pennsylvania.

“Even though some argue that religion is fading from public life, the private religious conviction of a large part of the electorate informs their vote choice,” said Frank Orlando, who serves as director of the Saint Leo University Polling Institute. “As long as this is the case, politicians will try to woo these voters using whatever means necessary.”

In terms of the presidential race, 51% of Catholics said they will support Biden, according to the poll released Wednesday, similar to 50.7% of overall respondents who will support the Democratic nominee. Those results mirror a recent EWTN News/RealClear Opinion Research poll that found 53% of Catholics favor Biden.

There are, of course, divisions among Catholics on political matters — often linked to the degree to which they practice their faith and defend the church teachings on, especially on moral theology.


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Like father, unlike son: Epic Politico investigation includes family drama, along with $$$ and sex

It’s hard to write a short critique of a news feature that is 8,600 words long and is built on waves of on-the-record sources, documents and off-the-record information from insiders whose roles in the story are explained, in detail, without using their names.

Thus, there is no way for me to address the many issues covered in the Politico investigation of former Liberty University leader Jerry Falwell, Jr., that ran with this headline: “They All Got Careless’ — How Falwell Kept His Grip on Liberty Amid Sexual ‘Games,’ Self-Dealing.” The second layer of that headline offered more details: “The deposed university president secured backing by ousting critics and hiring the family members and businesses of loyalists.”

This is, in many ways, three stories in one — sex, money and family history. No one will be surprised that secular journalists focused, as much as possible, on sex and money. Thus, there are debates here about the sexual escapades of Falwell and his wife Becky, some of which have been confirmed by Falwell himself and most of which have been denied.

I am sure that, on the Liberty campus and in Lynchburg, Va., many people close to the university and Thomas Road Baptist Church are playing pin-the-quote, trying to figure out who said what. In one summary statement, the Politico team simply says:

A POLITICO investigation, including interviews with dozens of Liberty officials from Falwell’s time as president, found a university community so committed to the Falwell legacy that even trustees considered it unthinkable to exert power over the son and namesake of the university’s revered founder. Plus, the university employed at least 20 relatives of stakeholders — defined as senior administrators and the 32-member Board of Trustees, according to federal tax disclosures — which gave many leaders an incentive to stay on Falwell’s good side.

In terms of the sexual scandal, that leads to numerous passages like this one:

… (M)ultiple former university officials and Falwell associates told POLITICO that Jerry frequently shocked them with risqué comments and, in at least two cases, showed off a photo of himself at the beach with his arms around two topless women. (The Falwells said the story about the photo was “completely false.”) His alleged comments included making open references to women’s appearances, discussing oral sex and offering a gratuitous assessment of his own penis size during his 13-year tenure as head of the evangelical university that his father founded, where sex is forbidden outside of marriage.

Hiding in these references is that drama that I found most interesting and poignant — the story of a minister and his increasingly secular son.

It’s clear — with lots of names on the record — that battles at Liberty have frequently pitted the evangelical community of leaders that surrounded the Rev. Jerry Falwell against the financial and political insiders who manned the campus barricades during the era of Jerry Falwell, Jr. The bottom line: Falwell the younger was and is a lawyer and real-estate professional who — early on — stressed that he never saw himself as as campus spiritual leader.


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Here we go again, 2020 version: Five revealing questions to ask on Election Night

In Tuesday’s big vote, politics matter.

So, too, does religion.

On Election Night, here are five revealing questions that Godbeat pros will be asking:

1. Was President Donald Trump able to maintain his overwhelming level of support — roughly 80% in 2016 — among White evangelicals?

“If that number is significantly lower, I would think it has to do with younger evangelicals and maybe women evangelicals getting fed up,” said Kimberly Winston, an award-winning religion reporter based in California.

The pre-election outlook? Trump is “losing ground with some — but not all — White Christians,” reports FiveThirtyEight’s Amelia Thomson-DeVeaux.

On the flip side, Christianity Today’s Kate Shellnutt highlights evangelical voters who express “more faith in Trump” than they did four years ago.

2. What difference did Catholic voters make, particularly in all-important swing states?

NPR religion correspondent Tom Gjelten notes that in 2016 “it was not the evangelicals who carried Trump to victory but Catholics, a group he had rarely mentioned in his speeches.”

Gjelten explains:

Despite losing the popular vote, Trump reached the presidency in large part because he won traditionally Democratic Pennsylvania, Michigan and Wisconsin, all states in which Catholics outnumber evangelicals by significant margins.

Religion Unplugged’s Clemente Lisi, The Atlantic’s Emma Green and the Columbus Dispatch’s Danae King offer more insight on this key voting bloc. This is has also been a major topic in GetReligion coverage of American politics for more than a decade, especially in the work of Richard Ostling and Terry Mattingly.

3. How did various subgroups — Mormons, Muslims and even the Amish among them — influence the outcome?

Trump’s campaign has made a “concerted effort” to expand support among Arizona and Nevada members of the Church of Jesus Christ of Latter-day Saints, the Salt Lake Tribune’s Lee Davidson reports.


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