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Planned Parenthood sues Idaho over new abortion law

Boise, Idaho, Jul 18, 2018 / 04:15 pm (CNA).- Planned Parenthood filed a lawsuit Tuesday opposing a new Idaho law that requires abortion providers to report abortion-related medical complications to state authorities.

The Abortion Complications Reporting Act went into effect July 1. It mandates that abortion providers to report complications that occur during or after an abortion procedure. Planned Parenthood of the Great Northwest and the Hawaiian Islands filed a lawsuit arguing that the law is unconstitutional and requires “invasive reporting that has nothing to do with protecting patient health care."

The act specifies 37 potential abortion complications that clinics must report to the Idaho Department of Health and Welfare. These include cervical perforation, hemorrhages, and endometritis, as well as any psychological or emotion conditions the patient discloses after the procedure, such as depression, anxiety, or suicidal thoughts.

Patient identity remains confidential in the reporting process, but the physician must be identified. Other information, such as the gestational age of the unborn baby, and the mother’s age, race, and number of previous abortions must also be included, according to the law. 

Planned Parenthood, who filed the suit in Idaho’s U.S. District Court on July 17, stated that the law “violates constitutional guarantees of due process and equal protection by arbitrarily singling out one particular medical procedure” and puts “patient and provider privacy at risk.”

“Previous laws targeting abortion rights have been struck down in Idaho and other states, with some courts saying there isn’t enough information about alleged complications of abortions to justify the laws,” reports the Associated Press.

According to the Guttmacher Institute, a pro-abortion research and policy organization founded by Planned Parenthood, 27 states require abortion providers to report post-abortion complications.

The text of the legislation cites the Supreme Court decisions Planned Parenthood of Southeastern Pennsylvania v. Casey and Akron v. Akron Ctr. for Reproductive Health, asserting the state’s “legitimate interest” in protecting women’s health from “the outset of pregnancy,” and its “legitimate concern with the health of women who undergo abortions.”

The stated aim of the law is to gather “essential” information to enable scientific studies and research on the safety of abortion.

 

Is this cross-shaped WWI memorial unconstitutional?

Washington D.C., Jul 18, 2018 / 03:00 pm (CNA).- A petition has been submitted to the United States Supreme Court as part of an appeal to prevent the destruction of the Peace Cross, a 93-year-old war memorial because it is in the shape of a cross.

The petition was filed by Maryland-National Capital Park and Planning Commission, following a ruling by the United States Fourth Circuit Court of Appeals in October 2017 that declared the monument unconstitutional.

The cross, erected in 1925 by the mothers of fallen World War I servicemen, is located in Prince George’s County, Maryland, just outside of Washington, D.C. It bears a plaque listing the names of 49 residents of Prince George’s County who lost their lives serving in that war. The seal of the American Legion is prominently displayed at the center of the cross. The sides of the cross are inscribed with the words “valor,” “endurance,” “courage,” and “devotion.”

The monument was the subject of a 2014 lawsuit brought by the American Humanist League. The suit was originally rejected by the District Court, which held that it was “uncontroverted” that the maintenance and display of the memorial was not “driven by a religious purpose whatsoever.”

The American Humanist League appealed the case, and the Fourth Circuit found the memorial to violate the establishment clause of the Constitution, which guards the separation of church and state.

In a divided opinion, the circuit court judgment held that because the memorial was in the shape of a cross - “the preeminent symbol of Christianity” - it lacked any meaningful “connection” to national history and government and was inherently “sectarian.” The decision also held that even minimal expenditure by the Commission to maintain the monument “entangled” the state in religion and would lead “any reasonable observer” to conclude that the state was placing “Christianity above other faiths” or viewed “being American and Christian as one and the same.”

The petition to the Supreme Court argues that there has been no previous challenge to the shape of the memorial, which has been in continuous use by the American Legion as a site for patriotic events in honor of fallen soldiers. Moreover, the petition argues, it has never been used for a religious ceremony and the only known connection of the monument to a religious event was 87 years ago.

The monument has been under the management of the Maryland-National Capital Park and Planning Commission since 1961, as part of its management of the roadway median where it is located.

Unless the Supreme Court agrees to hear the case, the cross must have its arms knocked off, be moved off public land, or destroyed completely.

Lawyers for the Park Commission argue that the cross was not erected to promote or convey a religious message, but to resemble the World War I cemeteries of Europe. They also point out that the “absolutist” approach taken by the circuit court decision would be immediately applicable to memorials across the country, including Arlington National Cemetery.

Fourth Circuit Chief Judge Roger Gregory wrote a dissenting opinion. He and other dissenting judges noted that the decision, if it stands, would invalidate virtually any public display in the shape of a cross, including military medals, regardless of how longstanding the usage or neutral their purpose.

Public monuments with religious symbols have been repeatedly challenged by secularists, and the Fourth Circuit decision represents a split with earlier court findings which have recognized the passive nature of such memorials and the lack of religious intent by the state in maintaining them. It is expected that this divergence of judicial findings could make the case ripe for Supreme Court consideration.

 

Augustinians reach $1m settlement with sex abuse victims

Boston, Mass., Jul 18, 2018 / 01:07 pm (CNA/EWTN News).- The Order of Saint Augustine has reached a $1 million settlement with eight people who were sexually abused by two members of the religious order in the 1970s and '80s.

The victims' lawyer, Mitchell Garabedian, announced the payment July 17, the Boston Globe reported.

“Because we are committed to justice in upholding the dignity of every person, and in a desire to promote healing, we have concluded the claims made against our Province,” the Augustinian Province of St. Thomas of Villanova stated. “At the same time, we continue to work diligently to ensure the safety and protection of all children and adults.”

The victims were five men abused by Fr. Robert Turnbull at Austin Preparatory School in Reading, 14 miles north of Boston, and three women abused by Fr. John Gallagher at St. Mary of the Assumption parish in Lawrence, 30 miles north of Boston. The victims were between the ages of 9 and 13.

Both Fr. Turnbull and Fr. Gallagher have died.

The Augustinians reached the settlement with the victims outside of court last month, after two years of negotiations.

One of Fr. Gallagher's victims wrote in 1992 to Cardinal Bernard Law, then-Archbishop of Boston, detailing the abuse she suffered.

Law was appointed Archbishop of Boston in 1984, and resigned Dec. 13, 2002, after reports revealed that he did not disclose multiple allegations of clerical sexual abuse to the police or to the public, or intervene to remove priests accused of sexual abuse from priestly ministry.

The sexual abuse scandals in the Archdiocese of Boston led to nationwide outrage regarding practices which failed to protect children from abuse in the Catholic Church.

In June 2002, the United State Conference of Catholic Bishops passed The Charter for the Protection of Children and Young People, known as the “Dallas Charter,” which established procedures and policies for addressing allegations of sexual abuse in the Church, and for fostering safe environments for children and other vulnerable individuals.

Don’t let Philadelphia shut down Catholic foster agency, appeal says

Philadelphia, Pa., Jul 18, 2018 / 12:15 pm (CNA/EWTN News).- The City of Philadelphia is selectively targeting religious foster agencies that cannot place children with same-sex couples, and a federal court wrongly ignored the legal protections affirmed in recent U.S. Supreme Court decisions like Masterpiece Cakeshop, lawyers for the Philadelphia-based Catholic Social Services and several foster parents have said in an appeal.

“The city’s policy prohibits Catholic Social Services from placing at-risk children in available homes solely because the city disagrees with the foster agency’s religious beliefs about marriage,” the legal group Becket said July 17.

The legal group saw a contradiction between the city’s policy and its call in March for 300 more homes willing to foster children, 6,000 of whom are in the city’s foster system.

“This discriminatory policy has caused devastating problems for at-risk children,” Becket said. “Although Catholic Social Services has dozens of open homes available right now, city officials won’t allow any children to be placed in them because they think the agency’s religious beliefs, which drive its mission to help children, are outdated and need to change.”

City officials have said that the Catholic agency’s refusal to place children with same-sex couples violates the Fair Practices Ordinance that prohibits city contractors from discriminating on the basis of sexual orientation.

U.S. District Judge Petrese B. Tucker on July 13 denied a request for a temporary restraining order that would allow the agency’s foster care work to continue, saying that “the pool of foster parents and resource caregivers is as diverse and broad as the children in need of foster parents.”

In response to the appeal, Deana Gamble, a city spokesperson, said “We are committed to ensuring that government services are provided in an accessible way to all Philadelphians and we must ensure that the foster care services CSS provides are done so in a non-discriminatory way according the Fair Practices Ordinance and our contracts.”

Sharonell Fulton, who has fostered over 40 children in 25 years through the agency, is also a party to the lawsuit.

“Catholic Social Services has meant so much to me and to the children I’ve loved and cared for,” she said. “I don’t understand why the city is threatening to shut down the agency that has given hope and a family to so many children.”

According to Becket’s July 16 motion to appeal Judge Tucker’s ruling, the city’s action violates both Pennsylvania law and the U.S. Constitution. The motion objected that the U.S. district court did not cite recent Supreme Court religious liberty and free speech decisions like Masterpiece Cakeshop v. Colorado Civil Rights Commission and Trinity Lutheran Church of Columbia, Inc. v. Comer.

A June hearing showed that the city policy is “directly motivated by religious hostility” and showed that “high-ranking City officials have criticized Catholic Social Services’ religious beliefs,” Becket’s motion charged.

The Catholic agency has been “the target of coordinated actions by every branch of city government,” Becket’s motion continued. It cited the city council’s passage of a resolution against “discrimination that occurs under the guise of religious freedom,” as well as other actions.

For instance, the Philadelphia Department of Human Services commissioner summoned the Catholic agency’s leadership to its headquarters, accused them of not following “the teachings of Pope Francis,” and telling them it was “not 100 years ago.”

The city told the agency that future contracts would explicitly require agencies to certify same-sex couples and that the city “has no intention of granting an exception” to the Catholic organization. The motion to appeal charged that the refusal to grant an exemption failed to pass legal scrutiny, given the existence of other relevant secular exemptions. It added that the city targeted religious agencies, not secular ones, for investigation.

The Catholic program will be forced to close if the contract isn’t restored. It has asked the Court of Appeals for the Third Circuit to issue an order by Aug. 2. The new policy has already forced the agency to move two employees to other offices in the archdiocese, Lori Windham, senior counsel at Becket, told the Philadelphia Inquirer.

Windham praised foster parents like Cecelia Paul, who has fostered over 100 children, and is another plaintiff in the suit.

“Foster children deserve loving homes, and foster parents like Ms. Paul have been waiting with open arms to welcome them,” said Windham. “But the trial court allowed the city to continue its harmful policy – a decision we expect to change with this appeal.”

Catholic Social Services has worked in the city for more than a century and has partnered with the City of Philadelphia for 50 years. The agency cannot provide foster services at all without a city contract. The agency aids the foster families it works with through provision of resources, training and guidance. The agency does this work because of its religious beliefs, Becket said.

In 2017 the Catholic agency placed 266 children and aided more than 2,200 children in the Philadelphia area.

Catholic Social Services has not been the subject of discrimination complaints by same-sex couples. The agency says that it assists all children in need, regardless of a child’s race, color, sex, religion, sexual orientation or gender identity.

In March, the Philadelphia Inquirer and Daily News reported that both the Catholic agency and Bethany Christian Services had a policy not to place children with same-sex couples. In response, Bethany Christian Services changed its policy. The city works with 29 foster care agencies in all.

At the time of the March news report, Department of Human Services spokeswoman Heather Keafer said both groups’ positions was “deeply concerning,” considering the city’s ongoing effort to recruit more self-identified LGBTQ people to become foster parents.

The American Civil Liberties Union of Pennsylvania has backed the city and has said the case could have consequences for similar cases in Michigan and Texas.

The conflict comes amid a strong political push to limit religious freedom protections. Millions of dollars in grants have helped fund efforts to argue against religious freedom considered discriminatory on LGBT issues and reproductive rights. CNA has recorded about $8.5 million in foundation grants earmarked for such purposes, including grants to the American Civil Liberties Union.

Catholic adoption and foster agencies in other states have been shut down or defunded because they do not place children with same-sex couples.

Oregon Catholic school leader charged with embezzling $50K

Eugene, Oregon, Jul 18, 2018 / 11:57 am (CNA/EWTN News).- A former advancement director at a Catholic school in Oregon has been charged with embezzling more than $50,000 from the school and its scholarship program.

Sean Jones, 42, was indicted on July 12 by a Lane County jury on numerous counts of theft, computer crime, and forgery.

Jones was the advancement director for O’Hara Catholic School in Eugene, Oregon, and served on the board of directors for the Open Door Foundation, which sponsors students from low income families at the school.

Eugene police said Jones embezzled $3,900 from the school itself and $50,800 from the scholarship organization. Jones has pleaded not guilty.

According to the local CBS affiliate, the authorities said, “It is believed that he used his position to forge documents and fraudulently obtain access to financial accounts in order to divert funds for his personal use during a three year period.”

The police also said the school and scholarship organization have given their full cooperation in the case.

“O'Hara Catholic School and the Open Door Foundation discovered fraudulent banking activity in May of this year. Since then, the foundation and the school have been working diligently with the Eugene Police Department on the investigation of this fraudulent activity,” said a joint statement by O’Hara Catholic School and the Open Door Foundation.

“While this has been a difficult time for the foundation and the school, we are grateful for the expertise and guidance from the Eugene Police Department and the Archdiocese of Portland.”

Chicago workshop seeks to expand immigrant-led ministry nationwide

Chicago, Ill., Jul 18, 2018 / 03:21 am (CNA).- A five-day training session in the Archdiocese of Chicago last week gathered leaders from across the country to learn about starting an immigrant-led service ministry in their dioceses.

The goal of the gathering, according to the archdiocesan website, was to “train diocesan, pastoral and lay leaders from across the United States on how to start this immigrant-led ministry for service, justice and accompaniment in parish communities to serve the needs of immigrants.”

Delegates from 11 dioceses attended the July 11-15 Instituto Pastoral Migratoria at the Catholic Theological Union in Chicago.

Created in 2007 by the Chicago archdiocesan Office of Human Dignity and Solidarity, Pastoral Migratoria seeks to respond to needs created by the lack of comprehensive immigration reform.

The parish-based ministry develops lay leaders who are able to identify and serve immigrants’ social and pastoral needs at a local level. In Chicago, more than 200 Hispanic lay leaders at 40 parishes are involved in the ministry.

The work they do is broad – from workers’ rights issues to financial literacy education to substance abuse awareness and prevention – “anything related to the immigrant community,” said Elena Segura, senior coordinator for immigration in the archdiocese.

“These are leaders who work in cooperation with professional organizations, who come to the parishes and provide the information and critical resources for people to learn and also to become positive members of society, to be integrated in this country,” she said.

Segura stressed that the program empowers immigrants to be leaders in their own parishes, “actors of their own development,” responding to the needs around them and transforming their communities.

“Immigrants have gifts and…they are people who are responding to their baptismal call to engage in bringing the resources needed in their parish communities,” she told CNA.

Often times, the immigrant leaders who are working to serve and accompany their brothers and sisters have themselves experienced a need for accompaniment in making the transition to life in the United States.

“It’s a journey of empowerment, it’s a journey of hope, it’s journey of compassion,” Segura said.

The July 11-15 training session is part of an effort to expand Pastoral Migratoria across the country. In the last year, the Dioceses of Kansas City–Saint Joseph and Stockton launched the program, and organizers hope to begin in three additional dioceses within the coming year.

“The ministry’s goal is to create a nationwide network of Catholic parish-based immigration ministries,” the Archdiocese of Chicago said in a press release.

Participants in the training session received formation and resources rooted in Catholic social teaching to help them implement Pastoral Migratoria in their home dioceses and form collaborative relationships with community partners. They visited Chicago parishes where this ministry is in place, and took part in a prayer vigil at a detention center. All sessions were conducted in Spanish.

Among the dioceses represented at the event were Atlanta, Des Moines, Kansas City–Saint Joseph, Little Rock, Los Angeles, New York, San Bernardino, St. Louis, and Stockton.

Kavanaugh’s friends describe man of humility, service, faith

Washington D.C., Jul 17, 2018 / 03:04 pm (CNA).- Long-time friends and associates of Supreme Court nominee Brett Kavanaugh say he is a sincere Catholic, committed to living the tenets of his faith.

Last week, President Trump nominated Kavanaugh to serve as Associate United States Supreme Court. In a short speech following the announcement, Kavanaugh highlighted his commitment to his faith and his family.

“I've known Brett - Judge Kavanaugh - for 20 years,” Shannen Coffin, an attorney in Washington, D.C., told CNA. “He's a very smart person, but he's a regular guy, too. He's a devoted father, and spouse.”

Judge Kavanaugh has spent the last 12 years on the D.C. Circuit Court of Appeals but despite that formidable judicial record, Coffin says that there are “no airs about” him and he has a “humility in his approach to judging.”

“He's also the guy who after a day of long meetings with senators, you know, and without fanfare, was serving food to the homeless.”

Coffin said that Kavanaugh “views the role of a judge in the constitutional system not as a political job, but as a job of interpreting statutes and interpreting the Constitution.”

On the topic of religious liberty, Coffin was quick to dismiss anyone who had doubts that Kavanaugh would be a staunch protector of religious freedoms.

“I think they’re fools,” he said bluntly. “I don't have any hesitations in thinking that this is a great appointment for those concerned about religious liberty.”

Kavanaugh is a “vigilant defender of religious liberty,” Coffin said, as evidenced by his line of questioning in the recent court case brought against the Washington Metropolitan Area Transit Authority, (WMATA) by the Archdiocese of Washington. While that case has yet to be decided, Kavanaugh’s questions and reasoning made it clear that he thought WMATA had acted illegally by prohibiting religious-themed advertisements.

“What really should impress Catholics is that this is a guy who is committed to the fundamental text of the Constitution and protecting those liberties preserved in the Constitution.”

Msgr. John Enzler, CEO and president of Catholic Charities for the Archdiocese of Washington, D.C., is another longtime friend of Kavanaugh. Enzler told CNA they first met when Kavanaugh was just 10 years old. At the time, Kavanaugh was a member of Little Flower Parish in Bethesda, where Enzler was serving as a priest.

“He was always a wonderful young guy,” Enzler told CNA.

Kavanaugh attended an all-boys Catholic elementary school before moving on to Georgetown Prep. At Georgetown Prep, Kavanaugh played sports, captaining the basketball team in his senior year.

“They weren’t that talented that particular year, but he was still the captain,” said Enzler.

Like Coffin, Enzler was quick to note that Kavanaugh is “really just a regular guy,” who loves sports, and loves being with friends.

Enzler said he did not know that Kavanaugh would be the president’s Supreme Court nominee until about three hours before the official announcement, but it was Enzler’s presence at the announcement that tipped off some people that Kavanaugh was Trump’s pick.

“When they saw me, they knew Brett was the guy, because they knew I was a friend of Brett's," said Enzler. "I kind of blew the cover, by being there for my friend."

Enzler said that when they first discussed Kavanaugh’s possible nomination, the judge was concerned about breaking his volunteering commitments. Kavanaugh asked if he could still come to serve the homeless later that week, saying he said wanted to do so regardless of the nomination result.

Kavanaugh called Enzler on Sunday, and said there was a “50-50” chance he would be the nominee, and that he would like for him to attend the announcement were he picked.

“By the way, if I'm chosen or not, I'd still want to come on Wednesday night to serve food, is that okay with you?”

Kavanaugh has been a consistent volunteer at Catholic Charities, coming to serve the homeless about “15, 16 times” over the last few years, Enzler said.

“He’s been here a bunch of times and serving, and nobody knew who he was,” said Enzler. “Not just a one-time thing.”

After the announcement was made last Monday, Enzler said he received another call from Kavanaugh two days later, checking if it would still be okay for him to volunteer that evening. On this occasion the media came too, and Kavanaugh definitely wasn’t the unknown volunteer he had been before.

"This is the guy next door, this is what he's like,” said Enzler. “He's not like some intellectual powerhouse you'd never talk to. This is a guy who's very friendly, very outgoing, very nice, lot of laughter, big smile, wonderful father, wonderful husband, man of faith, lives his faith, goes to church every week."

While Enzler said he was “very happy” for his long-time friend, he is concerned about what his family will face during the nomination proceedings.

“The process is very difficult,” explained Enzler. “Your family and you personally take a lot of heat from people who don’t agree with you.”

Most of all, Enzler believes that Kavanaugh is a “man of complete integrity, and a man of complete honesty” who will make his decisions in court based upon what is best for the nation and what is in-line with the Constitution.

"I'm very proud of him," said Enzler. "He will be a superb justice of the Supreme Court."

 

'Weeping' statue of Mary investigated by N.M. diocese

Las Cruces, N.M., Jul 17, 2018 / 01:15 pm (CNA).- A New Mexican diocese is investigating a statue of the Blessed Virgin Mary that some Catholics say has been “weeping” for more than a month.

Bishop Oscar Cantú of the Diocese of Las Cruces gave a public update July 15 about the diocesan investigation into an allegedly “weeping” statue of the Virgin Mary. The cast bronze image of Our Lady of Guadalupe has been drawing crowds to the church named in her honor in Hobbs, N.M. 


A statue of the Blessed Virgin Mary in Hobbs, N.M., appears to be weeping. Photo courtesy of the Diocese of Las Cruces.

Parishioners first reported seeing tears appearing to stream down the hollow statue in May.

Giving an update on the investigation launched that same month, Bishop Cantú said on Sunday that some had also reported a pleasant smell around the statue.

“Some of the witnesses claimed it smelled of roses, so something similar to the oil I bless and consecrate each year that we use for baptism, for confirmations and for ordination of the priests.” So far, the investigation seems to support these reports. As part of the efforts to determine the origin and nature of the tears, samples were sent for chemical analysis. The results determined that the tears were made of a scented olive oil.

The statue itself is also being examined.  "We examined the interior of the hollow statue," Cantú told reporters. "There's nothing on the interior that's not supposed to be there, except for cobwebs. So we took pictures; we examined it."

It was thought by investigators that the tears might have been the result of residual wax from the casting process, but this appears to have been ruled out. Cantú said that the manufacturers had assured them that the heat of the casting process made it impossible for there to be any moisture left in the statue. Addressing the possibility that the weeping statue could be an hoax, he noted that if it was he could not see how it was being accomplished.

On July 11, it was announced that Bishop Cantú was being transferred to  take up the post of bishop coadjutor in the diocese of San José, California. He is scheduled to take up that post at the end of September. Before he leaves, Cantú said he intends to visit the Church of Our Lady of Guadalupe to see the statue for himself.

Before making any final decision on the miraculous nature of the weeping statue, the bishop said he would be seeking advice from a higher authority. “I'm checking best practices," he told reporters. "Certainly, I have a final say, but I would defer to the wisdom of Pope Francis."

In the meantime, the Hobbs church continues to see a steady stream of visitors. Even without formal recognition by church authorities, many are finding it a moving experience.

“I've read most of those written testimonies, and they are stories of tremendous faith, people who have been dealing with terrible suffering in their lives and have felt a tremendous spiritual consolation that Mary walks with us in our tears” Cantú said.

He noted that for many Catholics in the border diocese of Las Cruces, the image of Our Lady crying with them was deeply powerful. “I can't help but think of my own shedding of tears for the poor people who come to our border, fleeing life-threatening situations. The tears of those children who are separated from their parents. There are many reasons we would shed tears, and God stands with us in those moments.”

The diocesan investigation continues.

 

 

 

Overturning ‘Roe’ no ‘magic bullet,’ NY archdiocese lawyer says

New York City, N.Y., Jul 16, 2018 / 07:00 pm (CNA/EWTN News).- The Director of Public Policy for the Archdiocese of New York has said that overturning the Roe vs. Wade Supreme Court decision should not be the seen as the final objective for pro-life advocates in the United States.

In a blog post written before President Donald Trump nominated Judge Brett Kavanaugh to fill a Supreme Court vacancy, Mechmann warned that during the confirmation process for any nominee, “the rhetoric will be heated and likely ugly, and may even include a large dose of religious intolerance.”

Mechmann’s post explained that the advance of secularism and moral relativism have detached judicial decisions from the principles of natural law. Without this foundation, Mechmann argued, judicial interpretation lacks a “moral and legal compass” to guide decisions.

The result is that the judicial process and the Supreme Court are increasingly accepted as politically tainted, something the framers of the Constitution never intended, he said.

If confirmed by the Senate, Judge Kavanaugh is expected to join the more conservative wing of the Supreme Court. He is widely considered to be an “originalist,” interpreting the Constitution according to its plain-text reading and the intentions and understanding of the founding fathers themselves.

This standard is then applied when “originalist” judges evaluate whether legislation conforms to the Constitution.

Originalist thinkers are often seen to oppose so-called “living” readings of the Constitution, in which legal rights and principles are inferred to exist in the light of modern values, even if they are not contained in the text itself.

In the context of abortion, the decision Roe v. Wade rested on the Court’s inference of a “right to privacy” for women seeking abortions, something which is explicitly not found in the Bill of Rights. The subsequent decision Planned Parenthood v. Casey, delivered in 1992, affirmed the right to privacy and the legal protection it affords abortion. That decision was co-authored by Justice Anthony Kennedy, who last month announced his retirement from the Supreme Court, creating the current vacancy. If confirmed, Judge Kavanaugh could create what many have predicted to be a 5-4 majority on the Court in favor of overturning Roe v. Wade.

But Mechmann, a Harvard educated lawyer who previously worked in the United States’ Attorney’s Office for the Eastern District of New York, noted that an originalist majority did not necessarily mean Roe would be overturned.

Roe, said Mechmann, did not just “emerge fully formed from the brow of Justice Blackmun” [author of the decision]. Rather, it was “the result of decades of prior decisions, reaching back to the 1920's.” Consequently, overturning Roe would involve repudiating a deeply embedded body of legal argument, he said. Such a dramatic step would “set off a political explosion that would undermine the legitimacy of the Court in the eyes of a large number of Americans.”

Such a “political explosion” might already have begun,  as abortion advocates react to the nomination of Judge Kavanaugh. Terry McAuliffe, the former Governor of Virginia, said July 9 that Kavanaugh’s nomination “will threaten the lives of millions of Americans for decades to come.”

Even if a “pro-life” appointee were confirmed, Roe v. Wade is not certain to be overturned, Mechmann argued. Several of the more conservative Supreme Court Justices often prefer to make decisions on narrowly defined questions relevant to particular cases. Mechmann noted this tendency in past decisions from Chief Justice John G. Roberts, and Justices Alito and Gorsuch, and suggested there could be a succession of such rulings which chip away at legal protections for abortion, but stop short of a single dramatic reversal.

The strength of expectation around a possible reversal of Roe v. Wade has led many to assume it would result in abortion becoming illegal overnight, yet this is not the case, Mechmann said. In the event that the Supreme Court reversed itself and removed the inferred constitutional protection for abortion, the issue would again be subject to state-by-state legislation. This, Mechmann pointed out, would yield very mixed results.

“A number of states already have laws on the books that would essentially permit abortion on demand for some, if not all of pregnancy. New York's statute, for example, permits abortion on demand prior to 24 weeks of pregnancy. According to one expert on abortion law, if Roe and Casey were overruled, only eleven states would have laws that would completely outlaw abortion, and over 80% of Americans would live in states where the situation would be essentially unchanged -- abortion would still be legal for all nine months of pregnancy for virtually any reason and with little effective regulation.”

As many as twelve states already recognize a Constitutional right to abortion.

A Supreme Court majority willing to overturn Roe v. Wade is not, Mechmann warns, “a magic bullet that will make all things new.” While it would be a significant victory for pro-life advocates, their work would need to continue at the state level. This would involve political and legislative efforts to protect the unborn state-by-state, and, just as important, include cultural efforts.

“We have to work harder to create a social infrastructure that would replace the culture of contraception and abortion and promote a vision of women's health that truly respects her fertility and genuine freedom. We still have a lot of work to do.”

 

Our Lady of Mount Carmel aids in spiritual warfare, bishop says

Lincoln, Neb., Jul 16, 2018 / 05:11 pm (CNA).- The Blessed Virgin Mary aids Catholics in spiritual warfare, the bishop of Lincoln, Neb., told a monastery of Carmelite nuns Monday, at a Mass celebrating the Memorial of Our Lady of Mount Carmel.

“Our Lady of Mt. Carmel reminds us of the importance of our interior lives- not only for our own salvation, but the salvation of souls through Christ’s Church,” said Bishop James Conley, while celebrating Mass July 16 at the Carmelite Monastery of Jesus, Mary, and Joseph in Valparaiso, Neb.

Mentioning the Biblical prophet Elijah, who is said to have resided in a cave on Israel’s Mount Carmel, the bishop said that “Carmel was the place from which Elijah exercised the great prophetic charism to which the Lord had called him.“

In particular, the bishop mentioned an encounter on Mount Carmel between Elijah and prophets of the idol Baal, recounted in 1 Kings, in which an altar at which prayed to God was lit aflame, a feat which the Idol’s prophets were not able to replicate.

In a similar way, the bishops told the nuns, “Carmel is the place where the Lord calls you, often, to real spiritual warfare for the salvation of souls. Carmel is the place where the glory of the Lord is revealed through you. And Carmel is the place from which you are called to exercise the prophetic ministry to which every member of Christ’s body is called, and to which you, in a special way as nuns, are called.”

“Our Lady is with you- she whose very soul proclaimed God’s greatness, who bore in her womb the salvation of the world. She too is in Carmel.”

The bishop also mention devotion to the scapular, long associated with Our Lady of Mount Carmel, who is said to have conveyed a scapular to St. Simon Stock in the 13th century.

“Our Lady of Mt. Carmel clothed St. Simon Stock with the scapular. In so doing, she reminds us that she clothed the child Jesus, lovingly protecting him and wrapping him in her own mantle.”

Quoting St. John Paul II, he said Catholics must ask the Blessed Virgin Mary to “clothe each of us with the wisdom and love of her divine Son.”

Finally, the bishop mentioned that the scapular, like other sacramentals and devotions, are “a reminder that the Church is the sacrament of our salvation, and that the tangible expressions of the faith the Church gives us are gifts, meant to guide us to intimacy with Jesus, and, ultimately, to salvation.”