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.

Monday, November 16, 2009

In the Department of "So What Else is New" ...

... Marci Hamilton joins the bishop-bashers in a piece arguing that the Stupak Amendment violates, among other things, the Establishment Clause.  No surprise there.  The novelty is that she argues that the bishops' effort to assert taxpayers' conscientious objections to abortion funding violates the principle of Madison's "Memorial and Remonstrance Against Religious Assessments."  Hmmm ... that would be the Memorial and Remonstrance that was a petition from religious groups (Baptists and Presbyterians) opposing tax funding for something to which they conscientiously objected.  There are colorable arguments that the Stupak Amendment goes too far in affecting private funding, but the Establishment Clause is not one of them.  (Disclosure: I gave advice to the Democrats for Life of America in connection with the recent abortion-funding issue.)

https://mirrorofjustice.blogs.com/mirrorofjustice/2009/11/in-the-department-of-so-what-else-is-new-.html

Berg, Thomas | Permalink

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