On its op-ed page today, the NY Times provides an opportunity for seven legal experts to say what questions they would like to poseto Supreme Court nominee Sonia Sotomayor. Some are more interesting than others. I thought those of James MacGregor Burns the most serious and substantive:

1. The Constitution is "not a static but rather a living document," Barack Obama wrote in "The Audacity of Hope," echoing Thomas Jefferson, "and must be read in the context of an ever-changing world." Do you agree? If so, how would you apply this idea to specific cases?2. Do you believe that the Supreme Court has the constitutional authority to declare acts of Congress unconstitutional? Would you be in favor of a constitutional amendment establishing or rejecting once and for all the power of an unelected Supreme Court to veto acts of our elected Congress?3. Throughout the courts history, it has often lagged behind the times, as lifetime appointees adhered to outdated ideologies and attitudes. Would you be in favor of requiring justices to retire at the age of 70?

Perhaps most provocative was the second of the two offered by Ann Althouse, law professor at the University of Wisconsin:

1. When you said you hoped that "a wise Latina" would make better judicial decisions, did you mean it as a pleasantry aimed at people who had invited you to speak about diversity or will you now defend the idea that decision-making on the Supreme Court is enhanced by an array of justices representing different backgrounds?2. If a diverse array of justices is desirable, should we not be concerned that if you are confirmed, six out of the nine justices will be Roman Catholics, or is it somehow wrong to start paying attention to the extreme overrepresentation of Catholicism on the court at the moment when we have our first Hispanic nominee?

This is the second time weve seen the problem of too many Catholics articulated publicly. I wonder how widespread the concern (fear?) is among lawyers or in the judicial system? Cathy? Other lawyers? Has anyone heard the issue raised in other contexts?

Rev. Joseph A. Komonchak, professor emeritus of the School of Theology and Religious Studies at the Catholic University of America, is a retired priest of the Archdiocese of New York.

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