The CATO Institute has filed this amicus brief in the U.S. Supreme Court in Carney v Adams, 19-309. The brief makes an interesting analogy to the religious affiliation of U.S. Supreme Court justices. It points out that for decades, it was considered important that there be one Catholic on the U.S. Supreme Court, for balance; and also that there be one Jewish member. Footnote nine notes that President Dwight Eisenhower was not willing to appoint William J. Brennan to the “Catholic” seat until after he received assurance from Brennan’s priest that Brennan was a genuine Catholic. The point is that judicial appointments are sometimes made on the basis of not only party, but religion; yet it would be unthinkable for any law to single out two popular religions and limit judicial appointments only the individuals who were members of one of those two religions.