Bench Memos

NRO’s home for judicial news and analysis.

Testing Catholics


In addition to the points already made by Mark and Kathryn, I note that Rule 610 of the Federal Rules of Evidence provides: “Evidence of the beliefs or opinions of a witness on matters of religion is not admissible for the purpose of showing that by reason of their nature the witness’ credibility is impaired or enhanced.” There appears to be no “Catholic exception” – I’ve double checked.

Of course, the rules of evidence only apply at significant searches for truth, like the trial of a gambling indictment or a disgruntled employee’s workplace harassment complaint. They do not govern hearings at which esteemed members of the U.S. Senate, when not comparing U.S. soldiers to Pol Pot, decide who is worthy to sit on the U.S. Supreme Court.


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