To replace John Paul Stevens, an atheist
It's something Thomas Jefferson might have done: nominate a nonbeliever to the Supreme Court
As President Obama considers nominees to replace retiring Supreme Court Justice John Paul Stevens, a debate bubbles as to whether religion should play a role in his choice.
This is a no-brainer. The religious views of the next justice of the high court must absolutely be a decisive factor.
Though the court without Stevens will be left with six Catholics and two Jews, the open seat should not go to either domination. Nor should it go to a Presbyterian, a Lutheran, a Methodist, a Muslim or even a Zoroastrian. If it did, that would make nine people who all have one religious principle in common: a belief in religion.
Clearly, the next person to take the bench should be an atheist.
While few sitting politicians have the political courage to name a declared nonbeliever, it is something that Thomas Jefferson (and several others among the founders) might well have done.
In an 1823 letter to John Adams, Jefferson was forthright about his views of religion, and Christianity specifically. "And the day will come when the mystical generation of Jesus, by the supreme being as his father in the womb of a virgin will be classed with the fable of the generation of Minerve in the brain of Jupiter," Jefferson wrote. "But may we hope that the dawn of reason and freedom of thought in these United States will do away with this artificial scaffolding, and restore to us the primitive and genuine doctrines of this most venerated reformer of human errors."
In other words, Jefferson liked what Jesus, the man, stood for, but could definitely do without the rest of the bunk.
That's right. Bunk. There aren't a lot of us, but something like one out of six Americans calls himself a nonbeliever. Holy moly! That means we would still be underrepresented with just one justice. But those of us who refuse to subscribe to any religious hocus-pocus would be happy to take what we can get in a country where seemingly no politician, from either party, can resist the temptation of ending a speech with the empty phrase "God bless America."
It's rather staggering to consider that more than two centuries after our Constitution codified the absolute separation of church and state, we've never had a single top court justice who was an atheist. The closest we ever got were a handful of Unitarians. Close but no cigar.
Having an atheist justice, however, would not primarily be a matter of identity politics and some sort of equal representation. Rather, a nonbeliever justice would be a mighty blow in favor of the secular principles of "reason and freedom" of which Jefferson spoke.
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