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.