John Roberts’, Catholicism, and Abortion

Rob Carr of Unspace has some questions for his Catholic friends in the blogosphere.

"Hypothetical situation: Let�s assume, for the sake of the argument, that the Constitution had a line in it that said 'Abortion shall be available to all.' It doesn�t � this is a hypothetical question, a 'gedanken experiment.' That�s German for 'thought experiment.'"

"If Roberts were a Supreme Court justice and he were asked to rule on the constitutionality of a law that totally banned all abortions (remember, folks – 'gedanken'). The law is clearly unconstitutional under our hypothetical gedanken experiment. "

"As a Roman Catholic, would he be permitted to rule that the Constitution says the law is unconstitutional? Or would he, because of his faith, be required to rule that the law is constitutional?"

Yes, he would be permitted to do so. However, if doing so would bother his conscience, he has two other options. He could either recuse himself before hearing the case or abstain from voting after hearing it.

"If he ruled that the law was constitutional, would he be banned from communion or even excommunicated?"

No, he would not be banned or excommunicated on the basis of his vote alone. Interpretation of constitutional law – is it legal – is not the same as making or defending law – should it be legal. Defending the legality of abortion, on the other hand, might land him in hot water.

"If he must rule a certain way, no matter what the evidence, is he capable of doing the job?"

This is a moot question given the fact that he's free to support or deny the constitutionality of any law so long as he does so honestly and without bias.

"Should it matter if a judge is incapable of ruling according to what the law actually says?"

As opposed to what? Are we talking denotation or connotation? letter or spirit? expression or intention?"What the law actually says" is often up to interpretation. Legalese is notoriously riddled with loopholes and wiggle room (The much-abused "pastoral reasons" in canon law is a prime example.). As I mentioned the other day, a lot of people seem to treat the Constitution like they treat Holy Scripture. That is, it's infallible in every single word and the letter of the law always trumps the spirit. Then again, others seem to treat it, much as they do Scripture, as warm and fuzzy platitudes written in invisible ink and forever open to revision by anyone with a pet cause.

While we're talking about Roberts, I'd like to point people to a post by Nathan at Quo Vadis. It's about how little we really know about Roberts and how he might end up being a disappointment to conservatives like Souter is. I don't always agree with Nathan (especially on homosexuality), but I always find him interesting. Be sure to check out his post.

Also, by popular demand, Jimmy Akin has a Roberts post for people to comment on.

Here's what St. Blog's is saying about Roberts.

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About Funky Dung

Who is Funky Dung? 29-year-old grad student in Intelligent Systems (A.I.) at the University of Pittsburgh. I consider myself to be politically moderate and independent and somewhere between a traditional and neo-traditional Catholic. I was raised Lutheran, spent a number of years as an agnostic, and joined the Catholic Church at the 2000 Easter Vigil. Why Funky Dung? I haven't been asked this question nearly as many times as you or I might expect. Funky Dung is a reference to an obscure Pink Floyd song. On the album Atom Heart Mother, there is a track called Atom Heart Mother Suite. It's broken up into movements, like a symphony, and one of the movements is called Funky Dung. I picked that nickname a long time ago (while I was still in high school I think), shortly after getting an internet connection for the first time. To me it means "cool/neat/groovy/spiffy stuff/crap/shiznit", as in "That's some cool stuff, dude!" Whence Ales Rarus? I used to enjoy making people guess what this means, but I've decided to relent and make it known to all. Ales Rarus is a Latin play on words. "Avis rarus" means "a rare bird" and carries similar meaning to "an odd fellow". "Ales" is another Latin word for bird that carries connotations of omens, signs of the times, and/or augery. If you want to get technical, both "avis" and "ales" are feminine (requiring "rara", but they can be made masculine in poetry (which tends to breaks lots of rules). I decided I'd rather have a masculine name in Latin. ;) Yeah, I'm a nerd. So what? :-P Wherefore blog? It is my intention to "teach in order to lead others to faith" by being always "on the lookout for occasions of announcing Christ by word, either to unbelievers . . . or to the faithful" through the "use of the communications media". I also act knowing that I "have the right and even at times a duty to manifest to the sacred pastors [my] opinion on matters which pertain to the good of the Church, and [I] have a right to make [my] opinion known to the other Christian faithful, with due regard to the integrity of faith and morals and reverence toward [my and their] pastors, and with consideration for the common good and the dignity of persons." (adapted from CCC 904-907) Statement of Faith I have been baptized and confirmed in the name of the Father, Son and Holy Spirit. I, therefore, renounce Satan; I renounce all his works; I renounce all his allurements. I hold and profess all that is contained in the Apostles' Creed, the Niceno- Constantinopolitan Creed, and the Athanasian Creed. Having been buried with Christ unto death and raised up with him unto a new life, I promise to live no longer for myself or for that world which is the enemy of God but for him who died for me and rose again, serving God, my heavenly Father, faithfully and unto death in the holy Catholic Church. I am obedient to the Magisterium of the Catholic Church. That is, I promote and defend authentic Catholic Teaching and Faith in union with Christ and His Church and in union with the Holy Father, the Bishop of Rome, the Successor of St. Peter. Thanks be unto Thee, O my God, for all Thy infinite goodness, and, especially, for the love Thou hast shown unto me at my Confirmation. I Give Thee thanks that Thou didst then send down Thy Holy Spirit unto my soul with all His gifts and graces. May He take full possession of me for ever. May His divine unction cause my face to shine. May His heavenly wisdom reign in my heart. May His understanding enlighten my darkness. May His counsel guide me. May His knowledge instruct me. May His piety make me fervent. May His divine fear keep me from all evil. Drive from my soul, O Lord, all that may defile it. Give me grace to be Thy faithful soldier, that having fought the good fight of faith, I may be brought to the crown of everlasting life, through the merits of Thy dearly beloved Son, our Savior, Jesus Christ. Amen. Behind the Curtain: an Interview With Funky Dung (Thursday, March 03, 2005) I try to avoid most memes that make their way 'round the blogosphere (We really do need a better name, don't we?), but some are worth participating in. Take for instance the "interview game" that's the talk o' the 'sphere. I think it's a great way to get to know the people in neighborhood. Who are the people in your neighborhood? In your neighborhod? In your neigh-bor-hoo-ood...*smack* Sorry, Sesame Street flashback. Anyhow, I saw Jeff "Curt Jester" Miller's answers and figured since he's a regular reader of mine he'd be a good interviewer. Without further ado, here are my answers to his questions. 1. Being that your pseudonym Funky Dung was chosen from a Pink Floyd track on Atom Heart Mother, what is you favorite Pink Floyd song and why? Wow. That's a tuffy. It's hard to pick out a single favorite. Pink Floyd isn't really a band known for singles. They mostly did album rock and my appreciation of them is mostly of a gestalt nature. If I had to pick one, though, it'd be "Comfortably Numb". I get chills up my spine every time I hear it and if it's been long enough since the last time, I get midty-eyed. I really don't know why. That's a rather unsatisfying answer for an interview, so here are the lyrics to a Rush song. It's not their best piece of music, but the lyrics describe me pretty well.

New World Man He's a rebel and a runner He's a signal turning green He's a restless young romantic Wants to run the big machine He's got a problem with his poisons But you know he'll find a cure He's cleaning up his systems To keep his nature pure Learning to match the beat of the old world man Learning to catch the heat of the third world man He's got to make his own mistakes And learn to mend the mess he makes He's old enough to know what's right But young enough not to choose it He's noble enough to win the world But weak enough to lose it --- He's a new world man... He's a radio receiver Tuned to factories and farms He's a writer and arranger And a young boy bearing arms He's got a problem with his power With weapons on patrol He's got to walk a fine line And keep his self-control Trying to save the day for the old world man Trying to pave the way for the third world man He's not concerned with yesterday He knows constant change is here today He's noble enough to know what's right But weak enough not to choose it He's wise enough to win the world But fool enough to lose it --- He's a new world man...
2. What do you consider your most important turning point from agnosticism to the Catholic Church. At some point in '99, I started attending RCIA at the Pittsburgh Oratory. I mostly went to ask a lot of obnoxious Protestant questions. Or at least that's what I told myself. I think deep down I wanted desperately to have faith again. At that point I think I'd decided that if any variety of Christianity had the Truth, the Catholic Church did. Protestantism's wholesale rejection of 1500 years of tradition didn't sit well with me, even as a former Lutheran. During class one week, Sister Bernadette Young (who runs the program) passed out thin booklet called "Handbook for Today's Catholic". One paragraph in that book spoke to me and I nearly cried as I read it.
"A person who is seeking deeper insight into reality may sometimes have doubts, even about God himself. Such doubts do not necessarily indicate lack of faith. They may be just the opposite - a sign of growing faith. Faith is alive and dynamic. It seeks, through grace, to penetrate into the very mystery of God. If a particular doctrine of faith no longer 'makes sense' to a person, the person should go right on seeking. To know what a doctrine says is one thing. To gain insight into its meaning through the gift of understanding is something else. When in doubt, 'Seek and you will find.' The person who seeks y reading, discussing, thinking, or praying eventually sees the light. The person who talks to God even when God is 'not there' is alive with faith."
At the end of class I told Sr. Bernadette that I wanted to enter the Church at the next Easter vigil. 3. If you were a tree what kind of, oh sorry about that .. what is the PODest thing you have ever done? I set up WikiIndex, a clearinghouse for reviews of theological books, good, bad, and ugly. It has a long way to go, but it'll be cool when it's finished. :) 4. What is your favorite quote from Venerable John Henry Newman? "Ten thousand difficulties do not make one doubt." 5. If you could ban one hymn from existence, what would it be? That's a tough one. As a member of the Society for a Moratorium on the Music of Marty Haugen and David Haas, there are obviously a lot of songs that grate on my nerves. If I had to pick one, though, I'd probably pick "Sing of the Lord's Goodness" by Ernie Sands.

4 thoughts on “John Roberts’, Catholicism, and Abortion

  1. Rob

    FD:

    First, thanks for taking the time to answer the question. Second, and most pleasantly, you came up with a position that I hadn’t thought of. I’d like to tip my hat to you on that.

    I need to think about it more. Hopefully I can blog sometime after Vacation Bible School tomorrow.

    I’m still not sure a Supreme Court Justice should recuse himself if the law says one thing and his conscience says another.

    But let me sleep on it.

  2. Funky Dung

    Perhaps I was unclear. Belief in that a right is reserved by the Constitution is not the same as believing that the right should continue to be protected. To have a right to do something does not mean it is right to do. Believing that the right should remain unchallenged is the problem. Also, just because a right is protected does not mean it cannot be limited in reasonable ways. Free speech, for instance, is limited when public safety is concerned.

  3. Funky Dung

    I’m not sure he should either. In fact, as I stated in the post, I don’t think he’d need to. He could quite comfortably rule on the constitutionality of abortion without running afoul of the Church. He’d have to word his opinion carefully, though.

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