Constitutional Law

Supreme Court Justices and Religion

To ask some questions is to answer them, and via Commonweal, I see that UCLA history professor emeritus Joyce Appleby has penned a lovely exercise in anti-Catholicism entitled, Should Catholic Justices Recuse Selves On Certain Cases?. Here is an excerpt:

But because of the Catholic Church’s active opposition to abortion, same-sex marriage and capital punishment, it raises serious questions about the freedom of Catholic justices to judge these issues. Perhaps the time has come to ask them to recuse themselves when cases come before their court on which their church has taken positions binding on its communicants…

…Recusal sounds like a radical measure, but we require judges to withdraw from deliberations whenever a personal interest is involved. Surely ingrained convictions exert more power on judgment than mere financial gain. Many will counter that views on abortion, same-sex marriage, and the death penalty are profound moral commitments, not political opinions. Yet who will argue that religious beliefs and the authority of the Catholic Church will have no bearing on the justices when presented with cases touching these powerful concerns?

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Scalia on Stare Decisis and Roe

Hattip to the ever eagle eyed Jay Anderson at Pro Ecclesia.   Justice Antonin Scalia on stare decisis and Roe.  By the way, Scalia’s low estimate of Roe as a legal opinion is pretty nearly universal in the legal world.  Liberal attorneys and judges, even though they support abortion on demand, will frequently agree in private, and sometimes in public, that Roe was a shoddy piece of legal work, and that Harry Blackmun, the author of Roe, was a poor excuse for a jurist.  This of course does not prevent them from supporting Roe since they approve of the result, but it does mean that all of the many cases following Roe are based on an intellectually, and of course constitutionally, rotten foundation.  We can see this in the opinions that strain to make sense of Roe, which, as Judge Bork famously noted, is completely devoid of legal argument.

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Is the Bankrupt the Nation Act Unconstitutional?

ronald-rotunda

Ronald Rotunda, is currently a Professor of Law at George Mason University.  Twenty-seven years ago he had the onerous task of attempting to beat legal ethics ( and I can almost hear most of you shouting “Oxymoron!”) into the heads of second year law students at the University of Illinois.  I was one of his pupils.  I came away from his class no more ethical than when I went in, but with a thorough knowledge of the rules regarding legal ethics in the state of Illinois.  I also came away with a keen appreciation for both Professor Rotunda’s dry wit, and his strong intellect.  Here  is his web-site.  He is the one wearing a bow tie and not the Vulcan.  As you can see from his site, Professor Rotunda, unlike most law professors and most lawyers, does not take himself very seriously.

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Victory in Connecticut

christ-victor

Lawlor and McDonald, the two anti-Catholic bigots behind a bill to tell the Catholic Church how to operate in Connecticut, have tucked their tails between their legs, cancelled the hearing on their bill, and their hate note to the Catholic Church, disguised as a bill, is dead for this legislative session.  Massive publicitity worked the trick, and endless outraged calls, e-mails and faxes to the legislators.  Kudos to State Senator John McKinney (Republican, Fairfield) who called 24 hours ago for the hearing on this bill to be cancelled and announced that every Republican in the state senate was against this bill, and that the bill was blatantly unconstitutional.  I am sure the bigots will be back, but so will those of us who oppose them.  A good day in Connecticut.

Update: Hmmm.  The bigots were apparently in alliance with members of Voice of the Faithless.  Surprise!

They Came For The Catholics

thomas-nast-anti-catholic-bigot

Anti-Catholic bigots are busily at work in the Connecticut state legislature.   Raised Bill 1098 would effectively place any corporation connected with the Roman Catholic Church in Connecticut under lay control.  The sponsors of the bill, Representative Mike Lawlor, ironically a law professor, and State Senator Andrew J. McDonald, a lawyer, generously allow the local bishop or archbishop to serve on such a board of directors but without a vote.

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