The Senate Judiciary Committee hosted hearings on Wednesday for several Joe Bidens nominees. Hampton Dellinger was selected by the president to be the assistant attorney general of the Justice Departments Office of Legal Policy. As a progressive and outspoken individual, Dellinger expected Republican senators would question him about past tweets regarding controversial topics such as abortion. He didn't expect them to ask him about his religious beliefs which is prohibited by the Constitution. In a shocking exchange, GOP Senator John Kennedy asked Dellinger: Do your beliefs in God?AdvertisementHere's Republican Senator John Kennedy placing a religious test upon Hampton Dellinger (a Biden nominee for the Justice Department). Do you believe in God? pic.twitter.com/Q9Mk3OpsRY Mark Joseph Stern (@mjs_DC) July 29, 2021AdvertisementAdvertisementKennedy's question was prompted by a tweet by Dellinger in which he claimed that male Republican politicians were the driving force behind restrictions on abortion. Kennedy tweeted that if there weren't Republican men elected to office, there wouldn't be abortion bans. The senator responded to Dellinger's statement that he believes in God and said that he has faith. It occurred to you that abortion may be based on the faith of some people.AdvertisementKennedy did not mention that seven ministers had sent a letter to the Senate in support of Dellinger. He was christened in Catholic Church. Many of these ministers have led churches where Dellinger worshipped. Hampton was a tireless advocate for justice and showed concern for fellow humans throughout his career. Hampton has shown the compassion, humility and integrity that we expect from public servants. He also helped to stop a wave of arson attacks on Black churches.AdvertisementA Senate confirmation hearing is a fair way to grill a nominee about past tweets, even though Kennedy spent four years pretending not see Donald Trump's Twitter feed. There is a problem. Senators want Dellinger to tell them, under oath if he believes in God. The Constitution guarantees freedom to exercise religion and states that no religious test shall be required to qualify for any office or public trust under the United States.AdvertisementIt doesn't matter if Kennedys question was a violation of constitutional law. However, it qualifies for the Republicans' religious test ban. In 2017, Amy Coney Barrett was first before the Senate Judiciary Committee. Several Democratic senators asked her if her Catholic faith would affect her work as a jurist. Sen. Dianne Feinstein famously said that the dogma is loudly within you. Four Republican senators quickly suggested that these questions were an unconstitutional religious testing. Republicans warned Barrett that any question about her faith would be a violation of the Constitution when she appeared before them again in 2020. Kennedy and several other GOP senators also claimed that such a question would be considered religious bigotry against Catholics. Even Sen. Josh Hawley claimed that Barrett asking about Griswold v. Connecticut (the landmark Supreme Court decision establishing a contraceptive right) was a bigoted attack against her faith.AdvertisementAdvertisementA Democratic senator would have to ask Barrett or any other nominee whether they believe in God. The GOP would respond swiftly and severely. Members of the GOP are subject to a different standard. Republicans are allowed to ask any question they wish, even questions about religion. Kennedy actually asked Brett Kavanaugh whether he believed God, but in a different context. This softball question was just before he requested that Kavanaugh swear to God. Democrats cannot, however, get into the subject of religion when questioning Republican nominees.Before Wednesday, Dellinger wasn't a controversial candidate. His home state senator, Republican Senator Thom Tillis, has strong support for him, and he was present at his hearing. Several other GOP senators including Chuck Grassley, Lindsey Graham and others are set to vote for Dellinger. Kennedy's last-minute attempt to stop his nomination seems like an ambush. It is almost certain to fail. Don't expect his Republican counterparts to make angry statements about Kennedy's religious bigotry. It appears that a religious test is only illegal when a Democrat asks the questions.
