A protester opposed to abortion holds a cross during a demonstration outside the U.S. Supreme Court in Washington, D.C., on December 1, 2021. Photo by Jose Luis Magana/AP/File
As informed by CNN
In modern America, the role of the Supreme Court is increasingly linked to Catholic judges, which heightens public discussions about how faith influences judicial decisions. New works by Anthony Kennedy and Amy Barrett reveal the internal conflicts between religious beliefs and the obligation to uphold the law in relation to the Court’s authority.
Kennedy, who served from 1988 to 2018, in his book shares the experience of merging Catholic faith with the duty to decide. Notably, the pivotal vote in 1992 that preserved the right to abortion for decades to come is mentioned.
His views and Barrett’s recent work, Barrett being a conservative Catholic who provided a pivotal vote in 2022 on reconsidering the constitutional right to abortion, offer a rare window into how religion and law interact in the practice of judicial decision-making.
Catholicism is increasingly shaping the trajectory of the Supreme Court and underscoring the discussion about how faith shapes public life and the law. This occurs against the backdrop of rising Christian nationalism and intensifying debates between religion and politics.
“Through my unwavering belief that life must be protected from the moment of conception, I have confronted the idea that the Constitution should permit some choice regarding abortion.”
In the case Planned Parenthood v. Casey (1992), the Court considered the possibility of upholding or overturning Roe v. Wade, which had defined access to abortions in the United States for many years, up until 2022.
“This struggle forced me to wonder whether it would be right from my morality to remain on the Court if such a decision required following a law that gives women the right to terminate a pregnancy early, before fetal viability.”
The modern Court, with more conservative leanings, has allowed a blending of church life and state processes: from prayers in certain contexts to funding religious education and displaying symbols in public spaces.
Barrett emphasizes that her Catholic upbringing is part of her personal identity and shapes her stance on the death penalty and religious matters. At the same time, she maintains that judicial decisions depend on applying the law, not solely on personal beliefs.
“For me, death penalty cases highlight the clash between the law and my personal beliefs.”
Barrett also points to the difference between private beliefs and the obligation to follow the law: the oath to apply the law faithfully means deciding each case solely on the basis of the best legal argument.
“The oath to apply the law faithfully means deciding each case by my best assessment of what the law is. If I decide a case according to what the law should be, I will betray myself.”
The influence of faith on Supreme Court decisions
Both judges demonstrate that Catholic upbringing can shape the character of decision-making, but it does not reduce decisions to religion: they also emphasize the role of legal norms, precedent, and professional judicial scrutiny.
Kennedy wrote that his stance on protecting life influenced his views on LGBT+ rights, freedom of conscience, and other sensitive issues, and Barrett stresses the need to separate beliefs from the obligation to follow the law in order to preserve trust in the judiciary.
Open dialogue among colleagues is also important: Catholic and non-religious judges may hold different views on the role of faith in society and the law, as reflected in the diversity of rulings.
Ultimately, these discussions indicate that the questions of interaction between faith and law will remain important topics for future Supreme Court benches and for broader public discourse in the United States.
Future prospects
Despite differing views, both judges emphasize the importance of preserving the independence of the judiciary and the equal application of the law for all citizens, regardless of religious beliefs. Future cases concerning freedom of worship, reproductive rights, and minority protection will continue to test the balance between personal beliefs and legal standards.
All these discussions underscore that the issue of combining faith and law will remain central topics for future Supreme Court compositions and public discourse in the United States.
More interesting materials:
- Recent court rulings have created significant obstacles for President Donald Trump’s key initiatives, highlighting the judiciary’s role as a critical barrier to major policy changes in the U.S.
- US Supreme Court judges Barrett and Sotomayor affirm the 22nd Amendment limits presidents to two terms amid Trump’s third-term hints.
- Memoir of US Supreme Court Justice Amy Barrett reveals her views on overturning Roe v. Wade, judicial decision-making, and the balance between law and societal values.
