Bruce Fein was associate deputy attorney general and general counsel of the Federal Communications Commission under Ronald Reagan. In a recent piece at The American Conservative, he explains why Trump’s appointment as acting U.S. attorney general is unfit. Here is a taste of his piece:
Article VI, section 1, clause 3 of the Constitution provides that “no religious test shall ever be required as a qualification to any office or public trust under the United States.”
In the Christian conservative Family Leader debate in 2014, as he was campaigning to capture the Senate nomination in Iowa, Mr. Whitaker elaborated that in assisting the confirmation of judges:
“I’d like to see things like their worldview, what informs them. Are they people of faith? Do they have a [New Testament] biblical view of justice?—which I think is very important. And what I know is as long as they have that worldview, that they’ll be a good judge. And if they have a secular worldview, then I’m going to be very concerned about how they judge.”
The First Amendment also protects the free exercise of religion. In Torcasco v. Watkins (1961), the Supreme Court declared unconstitutional a requirement that persons declare a belief in the existence of God as a condition of holding public office.
Mr. Whitaker, however, has declared that judicial nominees should be vetted based on whether they have a New Testament biblical view of justice.
In sum, he is no more fit to serve as acting attorney general as would be an atheist to serve as the Pope.
Read the entire piece here.