“Some of my colleagues think it might,” Kennedy added. Barr replied that if he were the attorney general, he would “render unto Caesar what is Caesar’s.”
Kennedy’s question appeared to reference the recent controversy that erupted following a CNA report that Sens. Kamala Harris (D-CA) and Mazie Hirono (D-HI) questioned judicial nominee Brian Buescher about his membership in the Knights of Columbus, which they described as an organization with “extreme views” that are “opposed to marriage equality” and “women’s reproductive rights.”
If confirmed, Barr will replace Matthew Whitaker, who has served in the role on an acting basis since the resignation of Jeff Sessions in early November.
Barr previously held the post of attorney general under President George H.W. Bush from November of 1991 until January 20, 1993. Prior to that, he served as deputy attorney general and assistant attorney general for the Office of Legal Counsel.
After leaving the White House in 1993, Barr worked in private practice. Most recently, he was with the firm Kirkland & Ellis. A practicing Catholic, he a graduate of Columbia University and George Washington University law school.
The Knights of Columbus are a Catholic fraternal organization with approximately 2 million members. Last year they carried out more than 75 million hours of volunteer work and raised more than $185 million for charitable purposes. As a Catholic organization, it holds views that are in line with Church teaching.
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Buescher said that he would not be leaving the Knights of Columbus if he were to be confirmed to the district court, and that he joined the organization because of its charitable work. He said that it was the “role and obligation” of a judge to “apply the law without regard to any personal beliefs regarding the law.”
At least six other judicial nominees have faced scrutiny from Democratic senators over their Christian faith or membership in the Knights of Columbus since President Donald Trump took office. Last May, District Judge Peter J. Phipps was asked by Sen. Sheldon Whitehouse (D-RI) during his confirmation hearing about his membership in the Knights of Columbus, and if he stood by the group’s pro-life mission.
Judge Amy Coney Barrett, who now sits on the Seventh Circuit Court of Appeals, was questioned about her Catholic faith by Sen. Dianne Feinstein (D-CA).