Barbara McQuade, who was tapped for Biden’s legal review team earlier this month, penned an opinion article for MSNBC in October where she argued that Democrats should attempt to expose Barrett’s personal faith as inconsistent with the job’s requirement to uphold the rule of law.
The argument is based on a paper Barrett wrote more than two decades ago with one of her law school professors, where it is argued that Catholic judges are “morally precluded” from enforcing the death penalty and should therefore recuse themselves from related cases.
McQuade extrapolated from those comments that there may be a variety of other cases, like abortion, that Barrett would be unfit to rule on as well.
“To expose the risk of Barrett's refusal to follow precedent, Senate Democrats should focus not on when life begins, but on when it ends,” McQuade wrote in her piece. “Just as [Justice Ruth Bader] Ginsburg exposed discrimination by focusing on the rights of men, Senate Democrats can expose Barrett's lack of fidelity to the rule of law by exposing her views on the death penalty.”