The U.S. Supreme Court isn’t only the highest court in the land, its judges have the responsibility to rule on cases that have a lasting impact on American politics, culture and religion. Driving those changes going forward will be a Catholic majority of justices who have become increasingly conservative, shifting the balance of the court for years to come.
The bitter partisan divide over Brett Kavanaugh’s confirmation to the Supreme Court — including weeks of debate over the credibility regarding allegations dating back to the 1980s that he had sexually assaulted a fellow teenager at a party – revealed how polarized politically the country has become since President Trump’s election just two years ago. To conservatives, Kavanaugh is a man smeared with unproven accusations; liberals consider him a danger in the #MeToo age.
Just 20 percent of people in the United States identify as Catholic, a number that is in decline, according to a Pew Research study. As the president has vowed to chip away at abortion rights (legalized in 1973 by the court in the Roe v. Wade decision), it will be conservative Catholics who will be tasked with doing so in the coming years. Aside from Kavanaugh, the Catholics on the Supreme Court include Chief Justice John Roberts, Clarence Thomas, Samuel Alito, Neil Gorsuch and Sonia Sotomayor. With the exception of Sotomayor, the other four justices are part of the court’s conservative wing. The remaining justices — Ruth Bader Ginsburg, Stephen Breyer and Elena Kagan — are Jewish.
“I do think, however, that the Catholics on the court do fairly represent Catholicism. Roe v. Wade is only one of many issues that are important to Catholics,” said Anne Lofaso, a professor at West Virginia University College of Law. “Indeed, most Catholic abhor abortion. They split on the question whether the government should prohibit others from exercising their right, not so much on whether they would have an abortion. There is a spectrum of issues that Catholics care about ranging from what constitutes marriage, abortion, birth control, poverty, etc. People are not monolithic. We tend to pick and choose what aspects of who we are will be emphasized — hence, the phrase ‘cafeteria Catholic’ … Roberts and Alito represent one end of the spectrum. Sotomayor, a lapsed Catholic, represents another.”
Some critics have called the current makeup of the Supreme Court a “Catholic boys club” given that they dominate the majority and are male conservatives.