Catholic Judges in Capital Cases
Amy Coney Barrett, Notre Dame Law School
John H. Garvey
Document Type
Article
Publication Date
1998
Publication Information
81 Marq. L. Rev. 303 (1997-1998)
Abstract
The Catholic Church's opposition to the death penalty places Catholic judges in a moral and legal bind. While these judges are obliged by oath, professional commitment, and the demands of citizenship to enforce the death penalty, they are also obliged to adhere to their church's teaching on moral matters. Although the legal system has a solution for this dilemma by allowing the recusal of judges whose convictions keep them from doing their job, Catholic judges will want to sit whenever possible without acting immorally. However, litigants and the general public are entitled to impartial justice, which may be something a judge who is heedful of ecclesiastical pronouncements cannot dispense. Therefore, the authors argue, we need to know whether judges are legally disqualified from hearing cases that their consciences would let them decide. While mere identification of a judge as Catholic is not sufficient reason for recusal under federal law, the authors suggest that the moral impossibility of enforcing capital punishment in such cases as sentencing, enforcing jury recommendations, and affirming are in fact reasons for not participating.
Comments
Reprinted with permission of Marquette Law Review.
Recommended Citation
Barrett, Amy Coney and Garvey, John H., "Catholic Judges in Capital Cases" (1998). Journal Articles. 527.
https://scholarship.law.nd.edu/law_faculty_scholarship/527
(Excerpt) Read more at scholarship.law.nd.edu ...
The Catholic Church has always believed in the death penalty. It has always been permitted under certain conditions.
That is darned little record thank you—I have no interest in seeing someone we know so little about in terms of judicial rulings as a USSC Justice.
The only reason she is being considered for the position at this point is because she is a woman. And that is a classic recipe for thinking you’re getting one judicial mind, but getting another.