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.

Tuesday, May 15, 2007

Did the Catholic Justices "vote the wrong way again"?

Morning's Minion, over at the (excellent) Reasons and Opinions blog, says "yes."  My view is a bit different.  But, as Michael and Eduardo have argued, I could be wrong . . .

Morning's Minion writes:

"[T]here are those who will undoubtedly defend the actions on the majority on legal technical grounds. There are those who will argue that there is no authoritative Church teaching directing how to vote on these kinds of procedural grounds. But this is surely misguided. While the Church does not claim that the death penalty is always and everywhere wrong (like abortion), it does carve out conditions under the death penalty may and may not be immoral, namely, that there must be no other way to defend society (see here, here, here, here, and here for more). No death penalty in the United States meets this strict condition, and hence Catholics are obliged to oppose capital punishment in this country. In the present case, it would seem that "erring on the side of life" calls for granting a new trial.

It is not clear me, though, that the "hence", above -- which I agree applies to Catholic citizens and legislators -- applies to Justices deciding cases presenting technical questions of criminal procedure.  In any event, Reasons and Opinions is a great blog.

https://mirrorofjustice.blogs.com/mirrorofjustice/2007/05/did_the_catholi.html

Garnett, Rick | Permalink

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