Barbara McQuade, who works on Biden’s legal analysis team, also claimed that Justice Brett Kavanaugh should have met another congressional scrutiny after he was affirmed over allegations of a sexual offense.
McQuade wrote an opinion piece for MSNBC in October in which she claimed that Democrats should try to expose Barrett’s personal belief as incompatible with the job’s prerequisite to upholding the rule of law.
Her claim was based on an article Barrett wrote more than two decades ago with one of her law school professors. They opined that Catholic judges are “morally precluded” from imposing the death penalty and should therefore recuse themselves from similar suits.
McQuade claimed that Democrats could decide from those criticisms that there are a lot of other cases — including the matter of abortion — that Barrett would be incompetent to judge on as well.
“To expose the risk of Barrett’s refusal to follow precedent, Senate Democrats should focus not on when life begins, but on when it ends,” McQuade wrote in her piece. “Just as [Justice Ruth Bader] Ginsburg exposed discrimination by focusing on the rights of men, Senate Democrats can expose Barrett’s lack of fidelity to the rule of law by exposing her views on the death penalty.”
But Barrett had already spoken of the matter, claiming there would be no conflict.
When asked about the topic during her 2017 affirmation hearing for the appellate court, Barrett said the idea shown in the article from 20 years ago is not certainly accurate of how she thinks about the same concerns now.
During the same hearing, she said it is “never appropriate” for a judge to impose their personal views on the law.
“If you’re asking whether I take my faith seriously and I’m a faithful Catholic — I am, although I would stress that my personal church affiliation or my religious belief would not bear in the discharge of my duties as a judge,” Barrett said before the Senate Judiciary Committee in 2017.
Barrett, 48, is Trump’s third justice on the court.
Meanwhile, McQuade last year also claimed that Kavanaugh should have faced new congressional scrutiny after he was confirmed to the Supreme Court.
Kavanaugh was affirmed after an unpleasant hearing in October 2018, when several women charged him with the sexual offense going back to high school. He denied the allegations.
He was affirmed after an FBI investigation found no way of verifying the accusations against him.