An Opus Focus on SCOTUS? (Part 3)
Frank Cocozzelli printable version print page     Bookmark and Share
Wed Jul 23, 2014 at 04:26:52 PM EST
"The reaction of people of faith to this tendency of democracy to obscure the divine authority behind government should not be resignation to it, but the resolution to combat it as effectively as possible."--Justice to the U.S. Supreme Court, Antonin Scalia, God's Justice and Ours'
Explaining Why the Issue Must be Raised (Part Three in a Sub-Series).
The steady drip, drip, drip of ultra-traditionalist Catholic teachings into the moral mindset of the U.S. Supreme Court and other parts of our government has implications beyond, privacy, choice and stem cell research; it goes to the most basic of liberty interests, life itself. And as we have seen in the Carhart decision, the five Catholic justices--four of whom are even outside the mainstream of American Catholic thought-have clearly made their presence felt.

Such a view can have an impact in many life and death cases that come before the courts--especially where the distinction between right and wrong is obscured by grey issues of mental incompetence and competing claims to justice.

In an article entitled God's Justice and Ours' Justice Antonin Scalia stated: "Before proceeding to discuss the morality of capital punishment, I want to make clear that my views on the subject have nothing to do with how I vote in capital cases that come before the Supreme Court."

Perhaps he doth protest too much, and we saw a rather transparent  Platonic noble lie  Let us return to a quote Associate Justice Scalia gave a few years back:

"Indeed, it seems to me that the more Christian a country is the less likely it is to regard the death penalty as immoral. Abolition has taken its firmest hold in post-Christian Europe, and has least support in the churchgoing United States. I attribute that to the fact that, for the believing Christian, death is no big deal. Intentionally killing an innocent person is a big deal: it is a grave sin, which causes one to lose his soul. But losing this life, in exchange for the next?"

Such a statement exhibits a rather cavalier attitude towards life and death issues. And although Justice Scalia claims that his "...views on the subject have nothing to do with how I vote in capital cases that come before the Supreme Court," his actions may indicate otherwise.

For example, consider when in 2002 the U.S. Supreme Court ruled in Atkins v Virginia (536 U.S., 122 S. Ct. 2242; 153 L. Ed. 2d 535) "that death is not a suitable punishment for a mentally retarded criminal." Justice Paul Stevens, writing for a six-member majority observed that the Eighth Amendment must "draw its meaning from the evolving standards of decency that mark the progress of a maturing society.

Scalia coldly replied in dissent:  "One need only read the definitions of mental retardation adopted by the American Association of Mental Retardation and the American Psychiatric Association to realize that the symptoms of this condition can readily be feigned," Scalia then concluded, "And whereas the capital defendant who feigns insanity risks commitment to a mental institution until he can be cured (and then tried and executed), the capital defendant who feigns mental retardation risks nothing at all."

But judging by the quotes of two experts on mental retardation cited in an article in the January 2003 edition of Psychiatric Times, Justice Scalia overstates his case.  Dr. Jeffrey L. Metzner, clinical professor of psychiatry at the University of Colorado Health Sciences Center in Denver and chair of the American Psychiatric Association's Council on Psychiatry and the Law, wrote: "I can understand why the dissent might have said what he said when he looks at transcripts where you have professionals arguing about whether someone is mentally retarded or not... But I think more often than not there is no controversy in making that diagnosis."

Dr. Carl B. Feinstein, professor of psychiatry at Stanford University School of Medicine and chair of the American Psychiatric Association's committee on children with mental or developmental disorders was more direct: "This is really not a battle about what the definition of mental retardation is, this is a battle about people who want to put other people to death."

Justice Scalia has effectively substituted the very subjective idea that if an innocent man is executed, Providence will make all the necessary corrections. And in doing so, he has substituted his concept of morality upon the aggregate will of the American people.

But what Justice Scalia's quote is ultimately about is the substitution of theology for legal principles--something very problematic for impartial dispensation of justice in a pluralistic society. Reasonable people might disagree on whether the death penalty is just, but few would claim as Justice Scalia does that it is acceptable for the courts to execute the innocent because Providence will sort it out.

As our Frederick Clarkson commented, "What is odd about Scalia is that for someone who is a literalist and, as I recall a constitutional originalist, relying upon his subjective Catholic notions of providence concerning the death penalty (which, by the way is in conflict with current Vatican teaching as described in the encyclical Evangelium Vitae) seems to me to be a far greater legal reach than Roe v. Wade's finding of a right to privacy.

The issue of highly subjective strains of ultra-orthodox Catholic thought does not end with the federal judiciary. As I reported earlier Opus Dei contacts with leading neoconservatives are starting to pop up with more frequency. For example, embattled World Bank President, Paul Wolfowitz appointed Juan Jose Daboub as a Managing Director.

The British daily, The Guardian, described Daboub, El Salvador's former finance minister as, "A key figure in the World Bank, said to have links to the Roman Catholic sect Opus Dei..."  Daboub is a member of El Salvador's ultra-right wing ARENA Party, which has been documented as having a close working relationship with the country's Opus Dei archbishop, Fernando Sáenz Lacalle.

According to both The Financial Times as well as the Center for American Progress the bank's chief scientist has alleged that "...Daboub, tried to water down references to climate change in one of the World Bank's main environmental strategy papers" as well as attempting to "remove references to family planning in the bank's Madagascar country assistance strategy and reduce its prominence in its new health sector strategy."

When I cross-posted the second segment of this sub-series on Opus Dei's possible influence on the court,at Daily Kos several commenters contested my proposal to raise the issue of a judicial nominee's links with strident religious organizations such as Opus Dei, arguing that I was proposing a religious test for political office. While I appreciated their concern, I do not advocate the constitutionally proscribed religious tests for public office.

The question here is not whether a nominee is a member of Opus Dei. Instead, the question is whether the nominee will act in his public office in a manner that would be inconsistent with the laws and constitution of the United States; thwarting the will of the majority and trampling the rights of the minority? In other words, will he engage in factious behavior?  And as I written previously on the Catholic Right, their members often share a neo-Carlist view that our secular laws should be based upon Vatican morality. This is a reasonable and necessary question that goes to the heart of the integrity of the judicial system.

One of the difficulties for anyone writing about Opus Dei is that it is a highly secretive organization. Its founder Josemaria Escriva warned about secrecy's importance in his book The Way. In point 627 he lectures, "Yours should be a silent obedience. That tongue!" At point 643 he warned Opus Dei members, "Be slow to reveal the intimate details of your apostolate: don't you see that the world in its selfishness will fail to understand? " And again at point 639, "Remain silent, and you will never regret it: speak, and you often will."

But among the facts that we do know is that Opus Dei actively seeks political influence in Washington DC and elsewhere. And while lots of religious organizations do so, most do so openly and their agendas are compatible with constitutional democracy.  Opus Dei's agenda is not necessarily compatible with constitutional democracy, and that is what makes its secrecy concerning, and one additional reason why the Senate Judiciary Committee should take the extra precaution of screening candidates for whether their personal beliefs conflict with their constitutional responsibilities.

What certain Opus Dei members and cooperators are trying to accomplish is quite simple. They simply want to make the federal judiciary-and secular government in general, the enforcement arm of Vatican doctrine. It is the ultimate example of church and state acting as one.

If Opus Dei's ideas were so appealing, they would probably already be incorporated into our laws and commonly held morality by consensus. But this is not the case. Even their fellow American Catholics reject their co-religionists' desire to outlaw  abortion in all circumstances as well as the federal funding of embryonic stem cell research.

It is no coincidence that Opus Dei members and cooperators, and their allies --obfuscate their ties to the organization, often cloaking their world-view in the ambiguous self-description of  "traditional Catholic."  Their lack of forthrightness reveals a fear of discovery, as if speaking truthfully would unmask their true agenda for society.

And that is why when the question of an Opus Dei association arises with a nominee for a public post, the issue needs to be raised.

Mary O'Grady and Bruce Wilson contributed to this installment. The Catholic Right: A Series, by Frank L. Cocozzelli :  Part One  Part Two  Part Three   Part Four  Part Five  Part Six   Intermezzo   Part Eight   Part Nine  Part Ten   Part Eleven   Part Twelve   Part Thirteen   Part Fourteen   Second Intermezzo   Part Sixteen   Part Seventeen   Part Eighteen   Part Eighteen   Part Nineteen   Part Twenty   Part Twenty-one   Part Twenty-two   Part Twenty-three   Part Twenty-four   Part Twenty-five   Part Twenty-six   Part Twenty-seven




Display:
An esoteric reading of what Scalia was saying in God's Justice and Ours' is that he has an out on abortion and birth control. In a very selective fashion, he chooses to dismiss current Vatican teachings on the death penalty but abides by teachings on birth control and abortion that were only fully articulated in 1869.

What does this tell us? Simply put, besides being another indication of "originalist" interpretations (notice how he cites St. Paul and St. Augustine on the death penalty), it provides further evidence of hiis ultra-traditional Catholic tastes.


by Frank Cocozzelli on Sun May 13, 2007 at 10:13:51 AM EST

It will go very nicely with the stories Chris Rodda and I will be putting up, presently, on Talk To Action

by Bruce Wilson on Sun May 13, 2007 at 11:21:28 AM EST
Parent
Bruce and Mary O'Grady for your important contributions to this piece.

by Frank Cocozzelli on Sun May 13, 2007 at 01:21:48 PM EST
Parent
--Mary O'Grady

by nogodsnomasters on Sun May 13, 2007 at 06:39:13 PM EST
Parent




My concern is that this could lead to a backlash against Catholicism in general. I wish that we progressive Catholics could clean out the remnants of neo-Carlism and monarchical government from the Church, but I don't think it will happen. I think it more likely that the current Curia will try to purge those of us who don't want to merge church and state.

by khughes1963 on Sun May 13, 2007 at 01:04:18 PM EST
Karen, you say, " I think it more likely that the current Curia will try to purge those of us who don't want to merge church and state."

I say to that remember what Bobby Kennedy once said, "There are those who look at things the way they are, and ask why... I dream of things that never were, and ask why not?"

Karen, our opponents are not supermen, but very fallible human beings. Their untruths can be exposed.

 

by Frank Cocozzelli on Sun May 13, 2007 at 01:29:28 PM EST
Parent

What concerns me is what I hear and see in places like the diocesan press. Almost every week, I see invective laden letters as to why we need to focus on abortion, abortion, abortion, or why we should support the thoroughly discredited George W. Bush and his morally dubious Iraq War because "he's pro-life. I say this as someone who has never voted for a Republican presidential candidate in my life.  

Bobby Kennedy was right, but I am feeling rather pessimistic right now.

Kathy

by khughes1963 on Sun May 13, 2007 at 01:57:19 PM EST
Parent

The darkest hour is always just before the dawn.

by Frank Cocozzelli on Sun May 13, 2007 at 02:48:42 PM EST
Parent





WWW Talk To Action


Cognitive Dissonance & Dominionism Denial
There is new research on why people are averse to hearing or learning about the views of ideological opponents. Based on evaluation of five......
By Frederick Clarkson (374 comments)
Will the Air Force Do Anything To Rein In Its Dynamic Duo of Gay-Bashing, Misogynistic Bloggers?
"I always get nervous when I see female pastors/chaplains. Here is why everyone should as well: "First, women are not called to be pastors,......
By Chris Rodda (195 comments)
The Legacy of Big Oil
The media is ablaze with the upcoming publication of David Grann's book, Killers of the Flower Moon. The shocking non fiction account of the......
By wilkyjr (110 comments)
Gimme That Old Time Dominionism Denial
Over the years, I have written a great deal here and in other venues about the explicitly theocratic movement called dominionism -- which has......
By Frederick Clarkson (101 comments)
History Advisor to Members of Congress Completely Twists Jefferson's Words to Support Muslim Ban
Pseudo-historian David Barton, best known for his misquoting of our country's founders to promote the notion that America was founded as a Christian nation,......
By Chris Rodda (113 comments)
"Christian Fighter Pilot" Calls First Lesbian Air Force Academy Commandant a Liar
In a new post on his "Christian Fighter Pilot" blog titled "BGen Kristin Goodwin and the USAFA Honor Code," Air Force Lieutenant Colonel Jonathan......
By Chris Rodda (144 comments)
Catholic Right Leader Unapologetic about Call for 'Death to Liberal Professors' -- UPDATED
Today, Donald Trump appointed C-FAM Executive Vice President Lisa Correnti to the US Delegation To UN Commission On Status Of Women. (C-FAM is a......
By Frederick Clarkson (126 comments)
Controlling Information
     Yesterday I listened to Russ Limbaugh.  Rush advised listeners it would be best that they not listen to CNN,MSNBC, ABC, CBS and......
By wilkyjr (118 comments)
Is Bannon Fifth-Columning the Pope?
In December 2016 I wrote about how White House chief strategist Steve Bannon, who likes to flash his Catholic credentials when it comes to......
By Frank Cocozzelli (250 comments)
Ross Douthat's Hackery on the Seemingly Incongruous Alliance of Bannon & Burke
Conservative Catholic writer Ross Douthat has dissembled again. This time, in a February 15, 2017 New York Times op-ed titled The Trump Era's Catholic......
By Frank Cocozzelli (64 comments)
`So-Called Patriots' Attack The Rule Of Law
Every so often, right-wing commentator Pat Buchanan lurches out of the far-right fever swamp where he has resided for the past 50 years to......
By Rob Boston (161 comments)
Bad Faith from Focus on the Family
Here is one from the archives, Feb 12, 2011, that serves as a reminder of how deeply disingenuous people can be. Appeals to seek......
By Frederick Clarkson (176 comments)
The Legacy of George Wallace
"One need not accept any of those views to agree that they had appealed to real concerns of real people, not to mindless, unreasoning......
By wilkyjr (70 comments)
Betsy DeVos's Mudsill View of Public Education
My Talk to Action colleague Rachel Tabachnick has been doing yeoman's work in explaining Betsy DeVos's long-term strategy for decimating universal public education. If......
By Frank Cocozzelli (80 comments)
Prince and DeVos Families at Intersection of Radical Free Market Privatizers and Religious Right
This post from 2011 surfaces important information about President-Elect Trump's nominee for Secretary of Education, Betsy DeVos. -- FC Erik Prince, Brother of Betsy......
By Rachel Tabachnick (218 comments)

Respect for Others? or Political Correctness?
The term "political correctness" as used by Conservatives and Republicans has often puzzled me: what exactly do they mean by it? After reading Chip Berlin's piece here-- http://www.talk2action.org/story/2016/7/21/04356/9417 I thought about what he explained......
MTOLincoln (253 comments)
Fear
What I'm feeling now is fear.  I swear that it seems my nightmares are coming true with this new "president".  I'm also frustrated because so many people are not connecting all the dots! I've......
ArchaeoBob (107 comments)
"America - love it or LEAVE!"
I've been hearing that and similar sentiments fairly frequently in the last few days - far FAR more often than ever before.  Hearing about "consequences for burning the flag (actions) from Trump is chilling!......
ArchaeoBob (211 comments)
"Faked!" Meme
Keep your eyes and ears open for a possible move to try to discredit the people openly opposing Trump and the bigots, especially people who have experienced terrorism from the "Right"  (Christian Terrorism is......
ArchaeoBob (165 comments)
More aggressive proselytizing
My wife told me today of an experience she had this last week, where she was proselytized by a McDonald's employee while in the store. ......
ArchaeoBob (163 comments)
See if you recognize names on this list
This comes from the local newspaper, which was conservative before and took a hard right turn after it was sold. Hint: Sarah Palin's name is on it!  (It's also connected to Trump.) ......
ArchaeoBob (169 comments)
Unions: A Labor Day Discussion
This is a revision of an article which I posted on my personal board and also on Dailykos. I had an interesting discussion on a discussion board concerning Unions. I tried to piece it......
Xulon (156 comments)
Extremely obnoxious protesters at WitchsFest NYC: connected to NAR?
In July of this year, some extremely loud, obnoxious Christian-identified protesters showed up at WitchsFest, an annual Pagan street fair here in NYC.  Here's an account of the protest by Pagan writer Heather Greene......
Diane Vera (130 comments)
Capitalism and the Attack on the Imago Dei
I joined this site today, having been linked here by Crooksandliars' Blog Roundup. I thought I'd put up something I put up previously on my Wordpress blog and also at the DailyKos. As will......
Xulon (329 comments)
History of attitudes towards poverty and the churches.
Jesus is said to have stated that "The Poor will always be with you" and some Christians have used that to refuse to try to help the poor, because "they will always be with......
ArchaeoBob (148 comments)
Alternate economy medical treatment
Dogemperor wrote several times about the alternate economy structure that dominionists have built.  Well, it's actually made the news.  Pretty good article, although it doesn't get into how bad people could be (have been)......
ArchaeoBob (90 comments)
Evidence violence is more common than believed
Think I've been making things up about experiencing Christian Terrorism or exaggerating, or that it was an isolated incident?  I suggest you read this article (linked below in body), which is about our great......
ArchaeoBob (214 comments)

More Diaries...




All trademarks and copyrights on this page are owned by their respective companies. Comments, posts, stories, and all other content are owned by the authors. Everything else © 2005 Talk to Action, LLC.