Word: catholicism
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Dates: during 2000-2009
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No doubt Scalia would insist that since abortion is not in the constitutional text, disavowing an abortion right would square Scalia and the other Catholic jurists with the Church. But not so fast; Scalia says abortion can be legislatively permitted or not as the people choose, and he will enforce...
If the Holy Father is pointedly telling not only Congresswoman Pelosi but also judges that they must use their office to undo the legal protection for abortion, how is this consistent with their judicial oath, or with the fact that the Constitution in Article VI puts religious belief off-limits...
Why does Scalia recognize a duty to resign were the law of the Constitution dealing with the death penalty to become inescapably at odds with Catholic teaching, but not in like circumstance for abortion? For Scalia, it is the difference between two qualitatively different constitutional claims - a textual one (the...
Few are pleased with the abortion jurisprudence as it is. But imposing moral duties on Catholic jurists that are incompatible with their envisioned judicial role in a democracy is hardly likely to make it better.
Kmiec is chair and professor of constitutional law at Pepperdine University and author of Can a Catholic Support Him? Asking the Big Question about Barack Obama (Overlook/Penguin 2008).