Why the Catholic Majority on the Supreme Court May be Unconstitutional

A paper of interest at MOJ:

"Why the Catholic Majority on the Supreme Court May Be
Unconstitutional"
     University of North Carolina Legal Studies Research Paper
     No. 960410
          University of St. Thomas Law Journal, Vol. 4, 2007
   

  Contact:  MICHAEL J. GERHARDT
              University of North Carolina at Chapel Hill -
              School of Law
    Email:  [email protected]
Auth-Page:  http://ssrn.com/author=509049

Full Text:  http://ssrn.com/abstract=960410

ABSTRACT: In this essay, Professor Michael Gerhardt ponders two
possible problems with how presidents may have assembled the
current Catholic majority on the Supreme Court. The first is that
they may have unwittingly demonstrated their agreement with
social scientists who believe that neither the rule of law nor
Supreme Court precedent constrain justices, and the second is
that they may have violated constitutional prohibitions on
religious tests for federal office. After showing how both these
problems may have occurred, Gerhardt demonstrates how they were
avoidable at the time the current majority was assembled and in
future judicial selection.