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Brace for SCOTUS wars: Three big questions people keep asking about Amy Coney Barrett’s faith

The folks at the New York Times and others like them can’t help themselves. As I predicted, they can’t leave Amy Barrett’s religion alone. The bottle is standing on the table and they simply can’t resist the temptation to pour themselves a drink, even knowing it won’t end well. https://t.co/n4TF1phAmu

— Robert P. George (@McCormickProf) October 10, 2020

It’s been two weeks since President Donald Trump officially nominated Amy Coney Barrett to the Supreme Court. Right on cue, Barrett’s Catholic faith and religious life became the focal point of news coverage, particularly by the secular press. 

What has ensued is an exercise among journalists — particularly in elite newsrooms — to question Barrett’s fitness for the lifetime position, particularly because of her religious beliefs. 

For many people in elite zip codes, this is life-and-death territory, since Barrett would give the Supreme Court a solid 6-3 conservative majority on some issues.

The nomination — taking place just weeks before the Nov. 3 presidential election — has already triggered a nasty tug-of-war between Republicans and Democrats. Senate Majority Leader Mitch McConnell has pledged to hold a vote, leaving Democrats with very few options to halt it. In retaliation, Democrats have threatened to pack the Supreme Court with as many as 15 members (from the current nine) should Joe Biden win the race and his party gain a Senate majority in 2021.  

Barrett, 48, currently serves on the Seventh Circuit in Chicago, a position she attained after being nominated to the bench by Trump. Barrett, who also teaches at Notre Dame Law School, was one of Trump’s finalists for the Supreme Court two years ago, but he instead went with Brett Kavanaugh.

As Election Day draws near in an atmosphere of near chaos, both the Trump and Biden campaigns have made appeals to communities of faith — particularly Catholic voters in the Rust Belt states of Ohio and Pennsylvania — by highlighting issues they believe resonate with them. In Pennsylvania, Biden has seen his lead widen in recent weeks. It remains a key battleground state with a very large Catholic voting bloc that Trump has to win.

Overall, Catholics, according to recent polling, favor Biden — but traditional Catholics do plan to join evangelicals and vote for the president. Trump’s pick will certainly serve as an overture to faith voters like evangelicals and a segment of white Catholics who tend to be politically conservative.

With religion so crucial to this campaign season, here are three things you need to know about Barrett’s faith:

What is Barrett’s faith tradition?

Hailed by conservatives and feared by progressives, Barrett is a Roman Catholic. She and her husband, Jesse Barrett, a former prosecutor, have seven children, including two adopted from Haiti and one with Down’s syndrome. It should be noted that the there are already six justices on the Supreme Court who are Catholic, to one degree or another in terms of church activity, including Kavanaugh.  

Barrett’s faith came under scrutiny after Trump nominated her to a federal court post in 2017. At the time, California Sen. Dianne Feinstein, a Democrat, told Barrett her views suggested religious tenets would influence her thinking on the law.

“The conclusion one draws is that the dogma lives loudly within you,” she said. “And that’s of concern.”

She responded by saying federal judges shouldn’t “follow their personal convictions in the decision of a case.”

Barrett was also called to defend the term “orthodox Catholic” by Illinois Sen. Dick Durbin during that same confirmation process. Asked if she would call herself that, Barrett clarified that the term, saying it isn’t actually used to describe any members of the Roman Catholic faith.

I am a Catholic, Senator Durbin. I don’t — well, orthodox Catholic, we kind of — as I said, in that article, we just kind of used that as a proxy. It is not, to my knowledge, you know, a term currently in use. But if you’re asking whether I take my faith seriously and I’m a faithful Catholic, I am, although I would stress that my personal church affiliation or my religious belief would not bear in the discharge of my duties as a judge.

The Senate eventually confirmed Barrett in a 55-43 vote — with three Democrats breaking ranks. Expect Barrett’s faith to once again become an issue. These potential attacks could put Biden, who is also Catholic, on the side of those who think Barrett’s beliefs are extreme. 

What is her stance on abortion decisions at SCOTUS?  

Abortion remains the biggest issue when it comes to the Supreme Court. It was in 2013 that Barrett, according to Notre Dame Magazine, said “life begins at conception.” She has also said that Supreme Court justices should not be bound by precedent — a judicial philosophy known as “originalist” — leaving open the possibility that Roe v. Wade could be overturned should she end up on the Supreme Court.

Two decades ago, Barrett clerked for Supreme Court Justice Antonin Scalia, who died in 2016, after graduating from Notre Dame Law School. She shares Scalia’s judicial philosophy and, as progressives fear, rule similarly to him should she sit on the Court.

In a 2017 White House questionnaire, Barrett was asked if it was her view that abortion was always immoral. She didn’t answer the question directly but wrote: “If I am confirmed (to the appeals court), my views on this or any other question will have no bearing on the discharge of my duties as a judge.”

Last year, during an appearance at Hillsdale College, Barrett addressed both her faith and her ability to interpret the law:

“I think when you step back and you think about the debate about whether someone’s religion has any bearing on their fitness for office, it seems to me that the premise of the question is that people of faith would have a uniquely difficult time separating out their moral commitments from their obligation to apply the law. I think people of faith should reject that premise.”

Is she really a member of a Christian ‘“cult”?

The precise nature of ACB’s faith has been trending on Twitter for weeks, putting the spotlight on a group known as Praise of People. 

The New York Times reported in 2017 that Barrett she was a part of this little-known religious community, citing unnamed current and former members.

People of Praise (PoP) Christian Community, described an ecumenical group that’s part of the charismatic renewal movement, has 1,700 members in 22 cities across North America, according to the group’s website. It was founded in 1971 in South Bend, Indiana, where Notre Dame’s campus is located.

“We admire the first Christians who were led by the Holy Spirit to form a community,” the website says, adding that it highlights the “renewal of Christian enthusiasm and fervor, together with charismatic gifts such as speaking in tongues and physical healing.”

Religion News Service reported that people in the group get spiritual guidance from other members, something referred to as “headship.” A married woman’s head, for example, is her husband. In the past, these leaders were called “handmaids” — a reference, RNS noted to the Virgin Mary who called herself “handmaid of the Lord” in Luke’s Gospel.

CONTINUE READINGWhat You Need To Know About SCOTUS Nominee Amy Coney Barrett’s Faith” by Clemente Lisi at Religion Unplugged.