Category : Supreme Court

(CNN) Princeton University’s Robert George with an Important Interview about the US Supreme Court and the Current Political Climate

Watch it all (12 3/4 minutes).

Posted in --Social Networking, America/U.S.A., Anthropology, Blogging & the Internet, Ethics / Moral Theology, History, Pastoral Theology, Politics in General, Supreme Court, Theology

(NYT Op-ed) David Brooks–A Complete National Disgrace: The Kavanaugh hearings as American nadir

Over the past few years, hundreds of organizations and thousands ofpeople (myself included) have mobilized to reduce political polarization, encourage civil dialogue and heal national divisions.

The first test case for our movement was the Kavanaugh hearings. It’s clear that at least so far our work is a complete failure. Sixty-nine percent of Americans in one poll called the hearings a “national disgrace,” and the only shocking thing is that there are 31 percent who don’t agree.

What we saw in these hearings was the unvarnished tribalization of national life. At the heart of the hearings were two dueling narratives, one from Christine Blasey Ford and one from Brett Kavanaugh. These narratives were about what did or did not happen at a party 36 years ago. There was nothing particularly ideological about the narratives, nothing that touched on capitalism, immigration or any of the other great disputes of national life.

And yet reactions to the narratives have been determined almost entirely by partisan affiliation. Among the commentators I’ve seen and read, those who support Democrats embrace Blasey’s narrative and dismissed Kavanaugh’s. Those who support Republicans side with Kavanaugh’s narrative and see holes in Ford’s. I can think of few exceptions.

These hearings were also a devastating blow to intellectual humility. At the heart of this case is a mystery: What happened at that party 36 years ago? There is no corroborating evidence either way. So the crucial questions are: How do we sit with this uncertainty? How do we weigh the two contradictory testimonies? How do we measure these testimonies when all of cognitive science tells us that human beings are really bad at spotting falsehood? Should a person’s adult life be defined by something he did in high school?

Commentators and others may have acknowledged uncertainty on these questions for about 2.5 seconds, but then they took sides….

Read it all.

I will take comments on this submitted by email only to KSHarmon[at]mindspring[dot]com.

Posted in * Culture-Watch, * Economics, Politics, --Social Networking, America/U.S.A., Anthropology, Blogging & the Internet, Ethics / Moral Theology, Office of the President, Politics in General, President Donald Trump, Senate, Supreme Court, Theology

(NYT Op-ed) Akhil Reed Amar–A Liberal’s Case for new Supreme Court Justice Nominee Brett Kavanaugh

In 2016, I strongly supported Hillary Clinton for president as well as President Barack Obama’s nominee for the Supreme Court, Judge Merrick Garland. But today, with the exception of the current justices and Judge Garland, it is hard to name anyone with judicial credentials as strong as those of Judge Kavanaugh. He sits on the United States Court of Appeals for the District of Columbia Circuit (the most influential circuit court) and commands wide and deep respect among scholars, lawyers and jurists.

Judge Kavanaugh, who is 53, has already helped decide hundreds of cases concerning a broad range of difficult issues. Good appellate judges faithfully follow the Supreme Court; great ones influence and help steer it. Several of Judge Kavanaugh’s most important ideas and arguments — such as his powerful defense of presidential authority to oversee federal bureaucrats and his skepticism about newfangled attacks on the property rights of criminal defendants — have found their way into Supreme Court opinions.

Except for Judge Garland, no one has sent more of his law clerks to clerk for the justices of the Supreme Court than Judge Kavanaugh has. And his clerks have clerked for justices across the ideological spectrum.

Read it all.

Posted in Ethics / Moral Theology, Law & Legal Issues, Office of the President, President Donald Trump, Senate, Supreme Court

(NPR) Religion, The Supreme Court And Why It Matters

Lots of controversial cases at the intersection of religion and the law wind up before the Supreme Court.

And, for most of U.S. history, the court, like the country, was dominated by Protestant Christians. But today, it is predominantly Catholic and Jewish.

It has become more conservative and is about to get even more so with President Trump’s expected pick to replace Justice Anthony Kennedy, who is stepping down from the court at the end of July.

Everyone on Trump’s shortlist, but one, is Catholic. So what, if anything, do the current justices’ and potential nominees’ faiths tell us — and how has the religious makeup of the Supreme Court changed?

“It’s extraordinary and unprecedented in American history,” said Louis Michael Seidman, a constitutional law professor at Georgetown University, which is affiliated with the Catholic Church. “There was a time when, for example, there was tremendous anti-Catholic bias … and, of course, there was a time when there was a lot of anti-Semitism, and a lot of that has gone away.”

Read it all.

Posted in America/U.S.A., History, Law & Legal Issues, Religion & Culture, Supreme Court

(WSJ) Adam O’Neal–Taking an honest look Inside the Christian group to which Amy Coney Barrett’s belongs

Judge Amy Coney Barrett could be President Trump’s nominee to the Supreme Court—a prospect that thrills many conservatives. A former Antonin Scalia clerk and Notre Dame professor, Judge Barrett, 46, seems an ideal choice. Yet her religious beliefs could lead to a contentious confirmation process. Would it be a risk to pick her?

Last year President Trump nominated Ms. Barrett for a seat on the Seventh U.S. Circuit Court of Appeals. Several Democratic senators pondered whether an “orthodox Catholic” would have dual loyalties. “The dogma lives loudly within you,” Sen. Dianne Feinstein said during Ms. Barrett’s hearing. “That’s of concern.”

Video of Mrs. Feinstein’s religious test quickly spread, provoking outrage from thousands of Americans. Yet a New York Times news story suggested she and her colleagues hadn’t gone far enough: The nominee’s “membership in a small, tightly knit Christian group called People of Praise never came up at the hearing, and might have led to even more intense questioning.”

Richard Painter, a law professor and Democratic U.S. Senate candidate in Minnesota, loved the article. He recently tweeted the link, adding his own comment on People of Praise: “A religious group in which members take an oath of loyalty to each other and are supervised by a male ‘head’ or female ‘handmaiden.’ That looks like a cult.” As nonbigots do, Mr. Painter then added, “don’t even try playing the ‘anti-Catholic bigotry’ card.”

It’s easy to make People of Praise sound terrifying. Isn’t there a TV show and novel about these “handmaid” people? Do Americans really want a cultist on the Supreme Court? Despite such insinuations from “resistance” conspiracy theorists, understanding the group requires more than a couple of tweets….

Read it all.

Posted in * Economics, Politics, America/U.S.A., Ethics / Moral Theology, Law & Legal Issues, Office of the President, Politics in General, Religion & Culture, Roman Catholic, Senate, Supreme Court

(NYT Op-ed) David Brooks–Anthony Kennedy and the Privatization of Meaning

Justice Anthony Kennedy didn’t invent the shift from community to autonomy, but in 1992 he articulated it more crisply than anyone else: “At the heart of liberty is the right to define one’s own concept of existence, of meaning, of the universe, and of the mystery of human life.”

In this sentence, which became famous as the “mystery of life” passage, there is no sense that individuals are embedded in a social order. There is no acknowledgment of the parts of ourselves that we don’t choose but inherit — family, race, social roles, historical legacies of oppression, our bodies, the habits that are handed down to us by our common culture.

There’s no we. We are all monads who walk around with our own individual opinions about existence, meaning and the universe. Each person is a self-created choosing individual, pursuing individual desires. There is no sense that we are part of a common flow connecting the past, present and future; instead, each of us creates our own worldview anew.

Read it all.

Posted in America/U.S.A., Anthropology, Ethics / Moral Theology, History, Law & Legal Issues, Philosophy, Supreme Court, Theology

(PFC) The Supreme Court Declined Their Case , but the battle over the Historic Diocese of South Carolina is far from over

When asked this question,…[The] Reverend Lewis said that, “[i]n its argument for why the Supreme Court should not review our case, The Episcopal Church attorneys argued it was too ‘fractured’ to be used for setting precedent. On that one point, we would agree. The South Carolina ruling is composed of five separate opinions that do not agree on either legal principles or outcomes. Interpreting what the conflicting legal opinions in this ruling actually mean and how they will apply will require further adjudication by the courts. We continue to believe the facts and law of the case favor our positions.”

As the case returns to the Dorchester County court later this summer where it originated and a judge considers several motions one of which is the motion to execute the South Carolina Supreme Court’s decision, Reverend Lewis and the Diocese appear confident that this motion cannot be implemented until “numerous significant and complicated legal questions are answered.” The Diocese then can hope and pray that because the facts and laws indeed favor their position, the legal process still has time to correct the situation.

Read it all.

Posted in * South Carolina, Church History, Law & Legal Issues, Parish Ministry, Religion & Culture, Supreme Court

(NPR) U.K. Supreme Court Rules It’s Unfair To Offer Civil Unions Only To Same-Sex Couples

On Wednesday, Britain’s Supreme Court unanimously ruled that heterosexual couples should not be banned from entering civil partnerships and that making them only available to same-sex couples is discriminatory and “incompatible” with human rights laws.

The decision comes after Rebecca Steinfeld and Charles Keidan, a British couple who objected to the traditional institution of marriage because of its “patriarchal nature,” fought a legal campaign for years, according to Reuters.

Though the ruling does not require the British government to change the law, supporters are hopeful that the decision could pave the way for more legalized heterosexual civil partnerships.

Read it all and you may find David Pocklington’s initial post on it there.

Posted in --Civil Unions & Partnerships, Anthropology, England / UK, Ethics / Moral Theology, Law & Legal Issues, Men, Supreme Court, Women

(Washington Post) ‘What’s next?’ Muslims grapple with Supreme Court ruling that they believe redefines their place in America

“For all my life, I’ve felt that this is my country,” said [Ramy] Almansoob, a 34-year-old structural engineer who was born in the United States and raised in Yemen, returning in 2015 to the suburbs of Washington to build a new life for his family. “We all knew that the United States is the place where you have freedom, and that’s what I always had in my mind. It’s not how it used to be.”

Almansoob applied to bring his wife and daughters to the United States a few months before Trump took office in January 2017. The ban, which seemed to echo Trump’s campaign call “for a total and complete shutdown of Muslims entering the United States,” quickly followed. And after two amended versions and a number of court battles, the Supreme Court in December allowed for the temporary implementation of the ban on Yemenis, Syrians, Iranians, Somalis and Libyans.

Now the court has upheld the policy, a decision that added permanence to the sentiment among many American Muslims that the government views and treats them differently from other Americans.

“It has put me in the position of second-class citizenship,” said Abrar Omeish, a Libyan American in Virginia who recently ran for a spot on the school board in Fairfax County.

Civil rights and religious advocacy groups across the country reacted to the court’s decision Tuesday in a passionate uproar.

Read it all.

Posted in * Economics, Politics, America/U.S.A., Ethics / Moral Theology, Immigration, Islam, Law & Legal Issues, Office of the President, Politics in General, President Donald Trump, Supreme Court

(Item) 2 Sumter churches among 28 in South Carolina that may have to vacate property after Supreme Court denies request

After the U.S. Supreme Court denied a state church district’s petition for a hearing Monday, it is unknown what the future may hold for two local congregations’ properties.

The Rev. Marcus Kaiser, rector of Church of the Holy Comforter, 213 N. Main St., made his comments after the high court informed The Protestant Episcopal Church in the Diocese of South Carolina that it would deny a request to hear its case to reverse a decision made last year by the South Carolina Supreme Court.

Doing so leaves in place a sharply divided ruling from the state’s high court from 2017 that could deprive at least 28 parish churches of their right to properties – some of which have been held for more than 300 years.

Kaiser said the local congregation has owned and maintained the property and buildings associated with Church of the Holy Comforter since 1857 and that no money has ever come from the national Episcopal Church, with which Holy Comforter was previously associated.

Read it all.

Posted in * Anglican - Episcopal, * South Carolina, Law & Legal Issues, Parish Ministry, Religion & Culture, Supreme Court

The Rector of Saint John’s, Johns Island, South Carolina Writes his Parish about the recent US Supreme Court Decision

Posted in * Anglican - Episcopal, * South Carolina, Law & Legal Issues, Ministry of the Ordained, Parish Ministry, Religion & Culture, Supreme Court

AS Haley on today’s Supreme Court Decision

From here:

Today’s order list from the United States Supreme Court brings the sad news that the Court voted to deny certiorari (review) in the case of Bishop Mark Lawrence and the parishes of the Diocese of South Carolina.  This means that no four justices considered the case important enough to have the Court’s full attention, and says volumes about the secular makeup of our current Court.  (Or it could be telling us that the justices of the Supreme Court are better followers of St. Paul’s advice on litigation than are most Episcopalians, Methodists and Presbyterians! Six of them are Roman Catholic, after all.)

It also means that the impossibly fractured, highly partisan and irresponsible decision of the court below will stand in infamy as possibly the worst application of so-called “neutral principles” on record. But that the Supreme Court chose to do nothing about the legacy that Harry Blackmun gave us says that it has disowned its responsibility for that doctrine, and in the future will mean that churches can expect no fair treatment of their property issues in the secular courts.

As, always, therefore, St Paul is vindicated yet again. And ECUSA gets just what it always wanted: a servient South Carolina of its own, with no regard whatsoever for the centuries of history that built the heritage it betrays today. By watching what the Episcopal Church and its minions do with the treasure that has been handed over to them, the rest of the Christian world will learn the nature of the god which Episcopalians today truly worship.

Posted in * South Carolina, Featured (Sticky), Supreme Court

A Local Newspaper Article on today’s Supreme Court Decision

Read it all.

Posted in * Anglican - Episcopal, * South Carolina, Supreme Court

A Message from the rector of Saint Philip’s, Charleston, about today’s Supreme Court Decision

June 11, 2018
Jesus said, “Everyone then who hears these words of mine and does them will be like a wise man who built his house on the rock. And the rain fell, and the floods came, and the winds blew and beat on that house, but it did not fall, because it had been founded on the rock.”
—Matthew 7:24–25
Dear Friends,
We learned today that the Supreme Court of the United States has denied the petition for writ of certiorari that was requested by the Diocese of South Carolina, St. Philip’s Church, and twenty-eight other aligned parishes. Though we are disappointed with this decision, our attorneys will be pressing forward. There remain two actions in the Dorchester County Court of Common Pleas, both of which regard the property rights of the Diocese and its parishes.
In one, the remittitur case, we will seek a specific evidentiary inquiry as to whether or not St. Philip’s and twenty-eight other parishes actually acceded to the terms of the Dennis Canon. The Dennis Canon was found by the S.C. Supreme Court to have created a trust interest over the church properties, with the Episcopal Church as the trust beneficiary. In the other, the Betterments case, we will seek recovery, under a South Carolina statute, of the value of certain improvements on the respective church properties.
There is also a federal court trademark action, brought by TEC and the Episcopal Church in South Carolina against our Diocese and its parishes, which seeks damages for the alleged improper use of the term “Episcopal” and other related relief. So, though the Supreme Court of the United States could have ended most or all of this litigation by agreeing to hear our property rights case, its unwillingness to do so will cause us to continue the litigation in the state and federal court systems in South Carolina. We will continue to keep you apprised of any additional developments in both the state and federal litigation.
In the meantime, let me assure you there is no cause for despair! The Lord’s Easter victory is evidence that our Heavenly Father’s plans and purposes cannot be thwarted. God is sovereign over the affairs of men and nations, and He has us right where He wants us—in a posture of dependence. As we have throughout this entire legal process, we will continue to be faithful to Jesus Christ and His call to preach the Gospel. We will NOT be distracted from the mission of the church no matter what comes our way!
One of the hymns we sang this past Thursday put it best…
When through fiery trials thy pathway shall lie,
My grace all-sufficient shall be thy supply;
The flame shall not hurt thee; I only design
Thy dross to consume, and thy gold to refine!
Faithfully Yours,
The Rev Jeff Miller is rector, Saint Philip’s, Charleston SC
Posted in * South Carolina, Supreme Court

A Message from the rector of Saint Michael’s, Charleston, about today’s Supreme Court Decision

June 11, 2018
Dear St. Michaelites and Friends:
“Courageous Joy” vs. “Circumstantial Joy” was our theme in worship yesterday, and there is a difference. Our joy is not based on circumstances and happenstances, but on what Jesus has done for us. We also mentioned the fact that Nehemiah’s phrase: “The Joy of the Lord is our Strength” is a profound one (Note, Nehemiah didn’t say “the joy of our circumstance, or the joy of our job etc). Our Joy and strength is found in Christ-Alone. Words we need to hear as we open up social media today to the news that the United States Supreme Court denied our Petition for Writ of Certiorari.
We have attached communication from the Diocese of South Carolina explaining the latest. Let me highlight three important facts as you read it.
  1. None of the nearly three dozen churches involved are in any eminent danger of eviction as a result of today’s decision
  2. The Diocese of South Carolina will now return to our state courts as we believe the ruling of our State Supreme Court is “virtually unenforceable as written.”
  3. The law and facts of our case still favor us and the Diocese plans to continue to press in, even it if requires a second appearance before the South Carolina Supreme Court.
In the meantime, I will be meeting with our leadership team today to come up with a time to gather as a parish family this week and weekend.
On a personal note, so many of you have emailed, texted and called to ask how the Zadig family is doing. In one word, we are fine. Our biggest prayer is that St. Michael‘s Church always be that place where the undiluted Gospel of Jesus Christ is preached, taught and caught.
Remember, we are people of courageous and not circumstantial joy, in all of this, choose joy.
Blessings and much love in Christ,
–(The Rev.) Al Zadig is rector, Saint Michael’s, Charleston, SC
Posted in * Anglican - Episcopal, * South Carolina, Law & Legal Issues, Parish Ministry, Supreme Court