WASHINGTON (January 6, 2005)— Cardinal William Keeler wrote to members of the
U.S. Senate today in anticipation of their being called upon to advise on and
consent to presidential nominations for the Federal bench, including the U.S.
Supreme Court.
In the letter, Cardinal Keeler rejected the view that “nominees who oppose the
purposeful taking of innocent human life” are “unfit for judicial office in the
United States.” “By any measure,” he said, “support for the Supreme Court’s 1973
Roe v. Wade decision is an impoverished standard for assessing judicial
ability.” Cardinal Keeler is Chairman of the Committee for Pro-Life Activities,
United States Conference of Catholic Bishops.
“When considering nominees the Senate should not allow itself to be held captive
to such an unfair and unreasonable standard,” he wrote.
This is the text of his letter:
“Dear Senator,
As you begin the work of the 109th Congress, the Senate will again be called
upon to advise on and consent to presidential nominations for the Federal bench,
perhaps even for the U.S. Supreme Court.
“As you know, the United States Conference of Catholic Bishops is active in the
courts on many matters, especially in cases on abortion, the death penalty,
civil rights, discrimination and the role of religion in society. At the same
time, it is not the practice of our Conference to take positions on particular
presidential nominees. However, we want to respond to reports about the judicial
confirmation process that have caused us and others serious concern.
“We are troubled by reports that national abortion advocacy groups, and even
some U.S. senators, view nominees who oppose the purposeful taking of innocent
human life as somehow unfit for judicial office in the United States. It is
further reported that attempts would be made to deny them a vote on confirmation
by the full Senate.
“Insisting that judicial nominees support abortion throughout pregnancy is
wrong. By any measure, support for the Supreme Court's 1973 Roe v. Wade decision
is an impoverished standard for assessing judicial ability. For over three
decades, Roe has sparked more informed criticism and public resistance than any
other court decision of the late 20th century. Even legal scholars who support
abortion have criticized Roe for not being grounded in the U.S. Constitution.
Further, in 2000, the Supreme Court relied on Roe to rule that the gruesome and
inhumane practice of partial-birth abortion must be constitutionally protected.
When considering nominees the Senate should not allow itself to be held captive
to such an unfair and unreasonable standard.
“There is no doubt that the Catholic Church stands out for its commitment to the
right to life from conception until natural death. This ethic has profound
consequences not only for abortion, but for many other areas of life, including
the death penalty, the application of scientific research to human subjects, the
right to adequate health care, and the role of the state in promoting the common
good. Our civil society will be all the poorer if Senators, as a matter of
practice, prevent a Senate vote on well-qualified judicial nominees whose
consciences have been formed in this ethic.
“I pray God will bless Congress’ efforts to ensure that Federal judges are
persons of integrity and good character who will respect the rights of all, born
and unborn.
Sincerely,
Cardinal William H. Keeler
Archbishop of Baltimore
Chairman, Committee for Pro-Life Activities
United States Conference of Catholic Bishops”