Mirror of Justice

A blog dedicated to the development of Catholic legal theory.
Affiliated with the Program on Church, State & Society at Notre Dame Law School.

Thursday, April 20, 2006

Cardinal Mahoney and the documents

The Supreme Court declined to review a decision by a California court requiring Cardinal Mahoney to produce documents relating to certain priests accused of sexual abuse.  Cardinal Mahoney had argued, among other things, that requiring the production of these documents would be an unjustifiable incursion into the priestly-formation process.  So, here is a question, one that might be particularly interesting given the Cardinal's recent (and widely noted) statements relating to Catholics' moral obligations toward vulnerable immigrants, notwithstanding immigration laws:  If Cardinal Mahoney believes the arguments he was making about these documents, then should he refuse to turn them over, and face contempt sanctions?  (To be clear:  I am saying nothing about the merits of Cardinal Mahoney's religious or constitutional claims, or about whether he should defy discovery orders.  I'm only asking, *if* he believes that an order requiring discovery would violate the freedom of religion and interfere with priestly formation, *then* should he comply?)

https://mirrorofjustice.blogs.com/mirrorofjustice/2006/04/cardinal_mahone.html

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