Marquette Law Review Volume 81 Issue 2 Winter 1998: Symposium: Religion and the Article 12 Judicial Process: Legal, Ethical, and Empirical Dimensions Some Religiously Devout Justices: Historical Notes and Comments Thomas C. Berg William G. Ross Follow this and additional works at: http://scholarship.law.marquette.edu/mulr Part of the Law Commons Repository Citation Thomas C. Berg and William G. Ross, Some Religiously Devout Justices: Historical Notes and Comments, 81 Marq. L. Rev. 383 (1998). Available at: http://scholarship.law.marquette.edu/mulr/vol81/iss2/12 This Article is brought to you for free and open access by the Journals at Marquette Law Scholarly Commons. It has been accepted for inclusion in Marquette Law Review by an authorized administrator of Marquette Law Scholarly Commons. For more information, please contact
[email protected]. SOME RELIGIOUSLY DEVOUT JUSTICES: HISTORICAL NOTES AND COMMENTS THOMAS C. BERG* AND WILLIAM G. Ross** For the last couple of years, we have been researching the religious beliefs and activities of justices of the U.S. Supreme Court and how those may have related to their judicial decision-making. The volumi- nous literature on the Court contains almost nothing on this topic; and we were intrigued by Judge Noonan's comment, in his casebook, that "[t]he religious views of the Justices are a taboo subject in legal analy- sis."' In an article criticizing the Court's free exercise rulings, Douglas Laycock wrote that "the personal religiosity of the justices [is] none of my business. They are protected by both the Free Exercise Clause and the Test Oath Clause.",2 The warning appears to be that the justices' re- ligious beliefs are private matters, not relevant or appropriate for schol- arly discussion.' In the face of such statements, writing on this topic makes us feel a little like reporters for the National Enquirer.