In touting John Roberts as a Supreme Court Justice -- and ultimately Chief Justice -- President Bush said Roberts' religious views should not be used as an issue in his confirmation. However, when Bush promoted Supreme Court nominee Harriet Miers last week, he said Miers' evangelical background was a factor in his decision to nominate her. Is it incongruous for Bush to promote the religious views of Miers, while asking the Senate not to consider Roberts' views? Or are they two separate issues?
They are not separate issues, but separate audiences. During the confirmation process, the Senate is the audience. The Senate cannot constitutionally use the question of religion to decide the eligibility of a justice, whether Miers or Roberts. What is important is whether Miers is ready to obey the law, like any juror to weigh the evidence presented and make a judgment based on the law rather than her personal bias. That should be the issue before the Senate, not her religion. Neither the Senate nor the president have the right to ask how religion will affect the decisions of a nominee. Any good Christ follower would be compelled to follow the law, regardless of his or her own bias.