PrawfsBlawg On Miers Nomination and Religious Issue

Over on PrawfsBlawg, Paul Horwitz has a long and interesting post on the role of religion in the Harriet Miers Supreme Court nomination. Here is his summary of his longer discussion:

Properly speaking, there is no religious test problem here; more broadly, events surrounding this nomination raise questions about transparency and cynicism and make clear that clumsy treatments of the intersection between religion and law are not the sole province of the left, or of the non-religious; and I am disappointed that the Becket Fund, which embraced a broad view of the Religious Test Clause where religion is a disqualification for judicial office, has not been equally liberal in its views of whether religion may permissibly serve as a qualification for judicial office.