First, as we have pointed out before, Roe v. Wade’s confinement of the abortion question to the judiciary continues to distort the workings of political dialogue and compromise. Unable to debate the abortion question straightforwardly, legislators are left to read tea leaves about what judges might do. And since the American people are not of one mind about abortion, the judicial “settlement” of the issue is in constant need of shoring up, driving its defenders to depict anyone who opposes abortion as dangerously extreme.
Second, the current climate of “gotcha” politics is deeply opposed to the constitutional guarantee of freedom of association and the rich history of nongovernmental civic institutions building up the fabric of American public life. Many politicians, seeking short-term advantage, are willing to cast suspicion on any connection to a group or issue they oppose. The assumption that membership in a fraternal organization automatically constitutes endorsement of a particular political position—much less bias that would render a nominee unfit to be a judge—is catastrophically narrow.
Third, religious values are being conflated with bias—but the anemic state of the public conversation about religion makes it difficult to distinguish them properly. It is perfectly possible for judges to be motivated by their faith to recognize that abortion is a grave injustice, while still being committed to honor laws and precedent.
The current climate of “gotcha” politics is deeply opposed to the constitutional guarantee of freedom of association.https://t.co/gIGCWHadwD
— America Magazine (@americamag) January 24, 2019