Religious Action Center of Reform Judaism

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Will Justice Prevail?

Last month, President Bush hosted a breakfast aimed at highlighting the multitude of persistent vacancies on the federal bench—a claim that was refuted by the New York Times Editors, and others*, who noted that the Senate would be far more inclined to confirm the president’s nominees if he didn’t insist on continually nominating such egregiously unfit people. The following week one such nominee, Richard Honaker, who is up for the District Court of Wyoming (a small and already conservative bench) had his hearing in the Senate.

Much has been written about Mr. Honaker’s nomination, and his threat to progressive values. In addition to being decidedly and doggedly anti-choice, Honaker believes that the United States is built on Christian values, and that God’s law is absolute, trumping individual liberty and “man-made laws” every time. His disdain for individual liberty is particularly concerning.

If Honaker had looked carefully, he would have found that our country’s roots lie not in a particular Christian theology, but in the search for religious freedom and political autonomy. The individual liberty that Honaker derides is not only what defined our country, but is what ensures the ability of people of all faiths to practice their religion openly, without fear of government persecution and with the full protection of our justice system. Indeed, it is this value that allows the Religious Action Center to exist and to speak publicly on issues such as reproductive freedom and the separation of church and state.

Though Honaker promised at his hearing to uphold precedent should he be confirmed to the bench, there are many who take his words with a grain (and perhaps a gallon) of salt. Honaker’s assurances reminded many present at the hearing, including Senator Feinstein, of similar promises espoused by both Supreme Court Justice Samuel Alito, Jr. and Chief Justice John Roberts, Jr. at their confirmation hearings. But heedless of their previous pledges, both Justices have been rewriting precedents with alarming speed. Are we misguided in fearing that Honaker will do the same, particularly when he will be sitting on a court that garners far less attention and scrutiny than does the Supreme Court?

For this reason, the Executive Committee of the Union for Reform Judaism voted unanimously this past Monday, after lengthy consultation with local leadership and the Commission on Social Action, to oppose Honaker’s nomination to the District Court of Wyoming. As federal courts increasingly have the final review of a case, thus setting the law for their district, it is evermore important to ensure that those who ascend to the bench will honor the vital freedoms that not only define our nation, but protect the health, lives and existence of all of America’s people.

*Alliance for Justice, National Council of Jewish Women; EarthJustice; Senate Majority Leader Harry Reid

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