Letter from Cardinal DiNardo to Senate on Supreme Court Nominations (2018)

Letter from Cardinal Daniel DiNardo, President, United States Conference of Catholic Bishops, to the U.S. Senate on Supreme Court Nominations, July 6, 2018

In a letter to U.S. Senators, Cardinal Daniel DiNardo, President of the U.S. Conference of Catholic Bishops (USCCB), expresses concern about efforts to use support for Roe v. Wade as a litmus test for Supreme Court nominees following an upcoming vacancy on the Court.

Cardinal DiNardo's letter urges senators to evaluate Supreme Court nominees based on their qualifications and judicial character rather than their presumed stance on Roe v. Wade or their religious beliefs. It argues that support for Roe should not be a prerequisite for judicial service and that religiously informed moral convictions should not disqualify otherwise qualified nominees.

Key points

• No endorsement of specific nominees. The USCCB states that it neither supports nor opposes any particular judicial nominee. However, it objects to efforts by some senators and advocacy groups to reject nominees based on an assumed opposition to Roe v. Wade. 
• Criticism of a Roe litmus test. The letter argues that support for Roe is an inadequate standard for evaluating judicial qualifications. It notes that the decision has been the subject of significant public, legal, and political criticism since it was decided in 1973. 
• Reasons cited for opposition to Roe. The letter points to: 
  • Public opinion surveys that it says show many Americans oppose broad abortion rights under Roe. 
  • State legislative efforts to restrict abortion within the limits permitted by Roe. 
  • The fact that many physicians and hospitals do not provide abortions. 
  • Criticism of Roe by some legal scholars, including some who support abortion rights, for its constitutional reasoning.
• Opposition to religious tests. Cardinal DiNardo argues that a nominee’s religious beliefs should not be treated as evidence of how they would rule on abortion issues. The letter states that imposing a religious test for public office would be both unjust and unconstitutional. 
• Broader Catholic social teaching. The letter explains that the Catholic commitment to protecting life extends beyond abortion to issues such as the death penalty, ethical medical research, healthcare, and the common good. It argues that qualified judicial nominees should not be excluded because their moral views are informed by this tradition. 
• Desired qualities in judges. The letter concludes by encouraging senators to support judges who demonstrate integrity, fairness, objectivity, and respect for the rights of all people.

usccb-president-letter-to-senate-on-judicial-nominees-070618.pdf