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Must Theology Always Sit in the Back of the Secular Bus?: The Federal Courts' View of Religion and its Status as Knowledge

Abstract

Imagine that you are watching a hearing of the U.S. Senate Judiciary Committee on television. Each member of the Committee is asking questions of, and in some cases interrogating, the president's most recent nominee to the United States Supreme Court. She is an accomplished attorney with not only a law degree from an elite institution but also a doctorate in biochemistry and specialization in private practice on issues over which science and law overlap and intersect. For several years she has served on the federal bench on the D.C. circuit and has done so admirably, showing professional competence and jurisprudential insight that has become the envy of her peers, some of whom disagree with her conservative judicial philosophy. Over the years, she has published well-received articles in numerous law reviews and peer-reviewed science publications dealing with issues as wide ranging as the Daubert standard, the reliability of DNA testing in capital murder cases, and whether the Supreme Court's holdings in its reproductive rights cases provide support for a constitutional right to clone oneself.

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Christopher J. Eberle , Religious Conviction in Liberal Politics 195333 (Cambridge U. Press2002)

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Benedict Ashley & Albert Moraczewski , Cloning, Aquinas, and the Embryonic Person, 1 Natl. Cath. Bioethics Q. 189 (Summer 2001)

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Lee M. Silver , Challenging Nature: The Clash of Science and Spirituality at the New Frontiers of Life (HarperCollins2006)

Paul D. Simmons , Religious Liberty and Abortion Policy: Casey as “Catch-22,” 42 J. Church & St. 69 (Winter 2000)

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Patrick Lee , The Pro-Life Argument from Substantial Identity: A Defense, 18 Bioethics 249 (2004)

Francis J. Beckwith , The Explanatory Power of the Substance View of Persons, 10 Christian Bioethics 33 (2004)

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Journal of Law and Religion
  • ISSN: 0748-0814
  • EISSN: 2163-3088
  • URL: /core/journals/journal-of-law-and-religion
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