Roberts would be fourth Catholic on court

If John Roberts is confirmed, he will be the fourth Roman Catholic on the Supreme Court, an all-time high that is focusing attention on how faith might influence law on the high court.

From abortion to capital punishment to physician-assisted suicide, the upcoming term offers plenty of issues in which the Catholic church has strong interest. But history shows a justice’s religion does not provide a roadmap for rulings.

Abortion, the main religious matter swirling around Roberts’ nomination, provides a telling example. The Catholic church’s policy is that abortion is wrong in every instance.

Two of the Catholics on the current court – Antonin Scalia and Clarence Thomas – are abortion foes. Scalia, whose son Paul is a priest, and Thomas are sometimes seen walking together to the court after attending Mass.

But the third Catholic – Anthony Kennedy – voted with the majority in a 5-4 ruling in 1992 reaffirming the Roe v. Wade decision legalizing abortion, despite some apparent inner turmoil. The late Justice Harry Blackmun said Kennedy worried “about the attention he would get as a Roman Catholic reaffirming Roe.”

The lone Catholic on the Supreme Court when Roe was decided in 1973, William Brennan, supported liberal access to abortion.

Many would like to hear Roberts’ position on abortion: An AP-Ipsos poll released last week found 52 percent of Americans want Roberts to reveal his stand on the issue before the Senate’s confirmation vote.

Roberts has not spoken publicly since being tapped by Bush but has been meeting individually with senators on Capitol Hill. White House spokesman Scott McClellan said this week he did not know whether the nominee was being asked about how his faith might affect his work on the court.

“But I do know that Judge Roberts has said in previous testimony that personal beliefs or views have no role whatsoever when it comes to decisions that judges make,” McClellan said