'Senators should stop asking about judicial nominees’ religious beliefs' via PostEverything
Neomi Rao, President Trump's nominee for a seat on the U.S. Court of Appeals for the District of Columbia Circuit, appears before the Senate Judiciary Committee in February. By Paul J. McNulty and John A. Sparks March 4 at 6:00 AM At her Feb. 5 confirmation hearing for the U.S. Court of Appeals for the District of Columbia Circuit — to fill a vacancy resulting from Brett M.
Are religious convictions fair game in the confirmation process? Not according to Article VI of the U.S. Constitution. Clause 3 reads as follows: “No religious test shall ever be required as a qualification to any office or public trust under the United States.” According to the limited records of the Constitutional Convention, this provision was approved almost unanimously.
The Constitution authorizes the president to “nominate, and by and with the advice and consent of the Senate” appoint people for service as federal judges and justices on the Supreme Court, as well as other senior positions within the executive branch. The vast majority of these presidential nominees since the founding have not been subjected to the challenges of today’s modern confirmation hearings. Even a hearing for a Supreme Court nominee was a rarity before the 1950s.
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