Alan J. Reinach, Esq.
One of the lasting legacies of the Bush administration will be its appointment of justices to serve on the United States Supreme Court. Already, John Roberts and Samuel Alito are leaving their mark on the Court’s decisions. Justice Stevens is 87, Justice Ginsburg 74, Justices Kennedy and Scalia 71, Justice Breyer 69 and Justice Souter 68. The next president may have an opportunity to replace one or more of these aging justices.
When it comes to preserving individual liberties, religious freedom, or traditional family values, there is no simple formula. So-called conservative justices, who have their own activist agenda, have undermined religious freedom, but have been better at protecting free speech and freedom of the press. These “conservative” judges may or may not reverse Roe v. Wade and permit states to ban abortion, or interfere with state laws approving gay marriage. Liberal judges have been more consistently supportive of religious freedom, and are also strong in support of free speech and a free press. They also tend to support a “pro-choice” orientation to abortion, as well as the rights of gays.
A clear distinction is found with respect to upholding the separation of church and state, which is the foundation of our religious freedom. The liberal justices have been much more consistent in denying government a role in sponsoring, promoting or funding religious practices.
However you cast your vote this fall, know that one of the important implications of your choice will be the future of American freedoms — especially religious freedom.