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


Christian Right Turns to Nullification to Counter Marriage Equality
Last year in The Public Eye magazine, Rachel Tabachnick and Frank L. Cocozzelli warned of the trend on the religious and political Right toward......
By Frederick Clarkson (2 comments)
Historian Gerald Horne on Charleston, Church, & Slave Resistance
Professor Gerald Horne of the University of Houston notes the Emanuel African Methodist Episcopal Church was at the center of Black resistance to slavery......
By Chip Berlet (2 comments)
The Zealots Strike Back: Latest Religious Right Sputtering Over Marriage Equality Is More Weak Tea
I've been monitoring the Religious Right's response to the U.S. Supreme Court's ruling on marriage equality, and I'm not impressed.So far, the reaction of......
By Rob Boston (0 comments)
Is Koch Brothers Money Fueling Criticism of Pope Francis on Climate Change?
In my last post I examined conservative criticism of Laudato Sii, ("Praised Be"), Pope Francis's encyclical on the environment and poverty. Indeed, some of......
By Frank Cocozzelli (3 comments)
Politics in Theocratic Times
The matter of religious exemptions from civil rights and labor laws is at the cutting edge of the contemporary political strategy of the Christian......
By Frederick Clarkson (1 comment)
Why Is the Christian Right Remaining Silent About the Dennis Hastert Affair?
In early June, the Associated Press' Mary Clare Jalonick reported that a Montana woman interviewed by the FBI claimed that "her brother was sexually......
By Bill Berkowitz (1 comment)
Remembering James Dunn: Baptist Champion Of Religious Freedom
When I began working for Americans United in 1987, one thing confused me: Why were there so many Southern Baptists hanging around?Southern Baptists were......
By Rob Boston (0 comments)
Resistance Is Futile: Some County Clerks Say `I Won't' To Marriage Equality
One week ago, the U.S. Supreme Court extended marriage equality nationwide. So where are we now?To no one's surprise, leaders of the Religious Right......
By Rob Boston (2 comments)
Celebrating July 4th
A decade or so ago I was vacationing in Hot Springs,  Arkansas.  It was July 4th and I attended the First Baptist Church in......
By wilkyjr (1 comment)
Nine Mainline Protestant Christian Martyrs
This is a tricky time for the Christian Right. Immediately following the mass murder at the historic Emanuel African Methodist Episcopal (AME) Church in......
By Frederick Clarkson (4 comments)
Terms, Definitions & Glossaries for Writing about the Religious Right
One of the challenges in writing about the Religious Right and what to do about it is the matter of terms and definitions. That's......
By Frederick Clarkson (2 comments)
Top Southern Baptist Official Admits Churches Won't Be Forced To Marry Same-Sex Couples
For years now, Religious Right leaders have been whipping up hysteria by claiming that, should marriage equality become the law of the land, conservative......
By Rob Boston (3 comments)
The Pope, Climate Change and the Catholic Right.
The conservative criticism of Laudato Sii, ("Praised Be"), Pope Francis's encyclical on the environment and poverty that began even before its release, has now......
By Frank Cocozzelli (4 comments)
Simply Put -- LGBTQ rights are not a threat to religious freedom
I'd like to underscore the conclusion of this piece, which is crossposted from LGBTQ Nation.  The advance of civil rights for LGBTQ people is......
By Frederick Clarkson (2 comments)
Pluck Of The Irish: Same-Sex Marriage Vote Shows Yearning For An End To Clerical Domination
A provocative headline from Reuters news service last week caught my eye. "Irish plunge stake through Catholic Church's heart," it read.The headline is perhaps......
By Rob Boston (2 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 (0 comments)
Central Florida Sheriff Preached Sermon in Uniform
If anyone has been following the craziness in Polk County Florida, they know that some really strange and troubling things have happened here.  We've had multiple separation of church and state lawsuits going at......
ArchaeoBob (2 comments)
Demon Mammon?
An anthropologist from outer space might be forgiven for concluding that the god of this world is Mammon. (Or, rather, The Market, as depicted by John McMurtry in his book The Cancer Stage of......
daerie (0 comments)
Anti-Sharia Fever in Texas: This is How It Starts
The mayor of a mid-size Texan city has emerged in recent months as the newest face of Islamophobia. Aligning herself with extremists hostile to Islam, Mayor Beth Van Duyne of Irving, Texas has helped......
JSanford (0 comments)
Evangelicals Seduced By Ayn Rand Worship Crypto-Satanism, Suggest Scholars
[update: also see my closely related stories, "Crypto-Cultists" and "Cranks": The Video Paul Ryan Hoped Would Go Away, and The Paul Ryan/Ayn Rand/Satanism Connection Made Simple] "I give people Ayn Rand with trappings" -......
Bruce Wilson (11 comments)
Ted Cruz Anointed By Pastor Who Says Jesus Opposed Minimum Wage, and Constitution Based on the Bible
In the video below, from a July 19-20th, 2013 pastor's rally at a Marriott Hotel in Des Moines, Iowa, Tea Party potentate Ted Cruz is blessed by religious right leader David Barton, who claims......
Bruce Wilson (0 comments)
Galt and God: Ayn Randians and Christian Rightists Expand Ties
Ayn Rand's followers find themselves sharing a lot of common ground with the Christian Right these days. The Tea Party, with its stress on righteous liberty and a robust form of capitalism, has been......
JSanford (3 comments)
Witchhunts in Africa and the U.S.A.
Nigerian human rights activist Leo Igwe has recently written at least two blog posts about how some African Pentecostal churches are sending missionaries to Europe and the U.S.A. in an attempt to "re-evangelize the......
Diane Vera (1 comment)
Charles Taze Russell and John Hagee
No doubt exists that Texas mega-church Pastor John Hagee would be loathe to be associated with the theology of Pastor C.T. Russell (wrongly credited with founding the Jehovah's Witnesses) but their theological orbits, while......
COinMS (0 comments)
A death among the common people ... imagination.
Or maybe my title would better fit as “Laws, Books, where to find, and the people who trust them.”What a society we've become!The wise ones tell us over and over how the more things......
Arthur Ruger (0 comments)
Deconstructing the Dominionists, Part VI
This is part 6 of a series by guest front pager Mahanoy, originally dated November 15, 2007 which I had to delete and repost for technical reasons. It is referred to in this post,......
Frederick Clarkson (1 comment)
Republican infighting in Mississippi
After a bruising GOP runoff election for U.S. Senator, current MS Senator Thad Cochran has retained his position and will face Travis Childers (Democrat) in the next senate election. The MS GOP is fractured......
COinMS (5 comments)
America's Most Convenient Bank® refuses to serve Christians
Representatives of a well known faith-based charitable organization were refused a New Jersey bank’s notarization service by an atheist employee. After inquiring about the nature of the non-profit organization and the documents requiring......
Jody Lane (5 comments)
John Benefiel takes credit for GOP takeover of Oklahoma
Many of you know that Oklahoma has turned an unrecognizable shade of red in recent years.  Yesterday, one of the leading members of the New Apostolic Reformation all but declared that he was responsible......
Christian Dem in NC (3 comments)
John Benefiel thinks America is under curse because Egyptians dedicated North America to Baal
You may remember that Rick Perry put together his "Response" prayer rallies with the help of a slew of NAR figures.  One of them was John Benefiel, an Oklahoma City-based "apostle."  He heads up......
Christian Dem in NC (5 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.