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Catholic Judges in Capital Cases [Information in re. Amy Coney Barrett]
Marquette Law Review, Notre Dame Law School ^ | 1998 | Amy Coney Barrett, John H. Garvey

Posted on 07/03/2018 2:29:31 AM PDT by familyop

Catholic Judges in Capital Cases

Amy Coney Barrett, Notre Dame Law School
John H. Garvey

Document Type
Article

Publication Date
1998

Publication Information
81 Marq. L. Rev. 303 (1997-1998)

Abstract
The Catholic Church's opposition to the death penalty places Catholic judges in a moral and legal bind. While these judges are obliged by oath, professional commitment, and the demands of citizenship to enforce the death penalty, they are also obliged to adhere to their church's teaching on moral matters. Although the legal system has a solution for this dilemma by allowing the recusal of judges whose convictions keep them from doing their job, Catholic judges will want to sit whenever possible without acting immorally. However, litigants and the general public are entitled to impartial justice, which may be something a judge who is heedful of ecclesiastical pronouncements cannot dispense. Therefore, the authors argue, we need to know whether judges are legally disqualified from hearing cases that their consciences would let them decide. While mere identification of a judge as Catholic is not sufficient reason for recusal under federal law, the authors suggest that the moral impossibility of enforcing capital punishment in such cases as sentencing, enforcing jury recommendations, and affirming are in fact reasons for not participating.

Comments
Reprinted with permission of Marquette Law Review.

Recommended Citation
Barrett, Amy Coney and Garvey, John H., "Catholic Judges in Capital Cases" (1998). Journal Articles. 527.
https://scholarship.law.nd.edu/law_faculty_scholarship/527


(Excerpt) Read more at scholarship.law.nd.edu ...


TOPICS: Constitution/Conservatism; Culture/Society; Government
KEYWORDS: banglist; catholicrecusal; deathpenalty; selfdefense
"Recommended Citation" information above. This is the abstract. "Download" button behind the link for the full article.

Yes, this is a different kind of post. It's more academic than the usual journalism from popular media. For your information in regards to discussions on possible Supreme Court nominees,...

1 posted on 07/03/2018 2:29:31 AM PDT by familyop
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To: familyop

“they are also obliged to adhere to their church’s teaching on moral matters”

What?!?! Who says??


2 posted on 07/03/2018 2:31:06 AM PDT by Dr. Pritchett
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To: Dr. Pritchett
"What?!?! Who says??"

You know who, Dr. Pritchett. ;-)

"...the authors suggest that the moral impossibility of enforcing capital punishment in such cases as sentencing, enforcing jury recommendations, and affirming are in fact reasons for not participating."

[Familyop smirks at the back of the class, craving attention and expecting that slightly scornful gaze from the instructor.]

Seriously, though, I'm trying to dig around for whatever information I can find on the remaining potential nominees: four of them, according to a rumor in judicial circles.

There's Judge Amul Thapar, too. So far, I haven't found any decisions, dissents or comments from him on the Second Amendment or other popular issues from voter or activist perspectives. I haven't done much searching on him, yet. He does appear to be tough on crime according to some cases on record. There might be more.

And there are Kavanaugh...

Who Is Judge Brett Kavanaugh?
http://www.freerepublic.com/focus/f-news/3667974/posts

America’s Next Top Justice: Judge Brett Kavanaugh, Or Judge Raymond Kethledge?
http://www.freerepublic.com/focus/f-news/3667959/posts

Empirical SCOTUS blog sees Brett Kavanaugh as likely SCOTUS nominee
(ABA Journal)
http://www.freerepublic.com/focus/f-news/3667950/posts

...and Kethledge (sport hunting interest, according to an attorney, more info pending search results, if any).


3 posted on 07/03/2018 3:05:48 AM PDT by familyop ("Welcome to Costco. I love you." - -Costco greeter in the movie, "Idiocracy")
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Fox on Amy Berrett
4 posted on 07/03/2018 3:20:01 AM PDT by jpsb
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To: familyop
Individual rank and file Catholics are not the problem but their leadership is.

The official Catholic church is one of the most pro open borders organizations in the world. The Catholic bishops in the USA are gung ho on open borders. The Catholic charities organization is notorious for settling Muslims and Somalians in small towns across the USA, despite protests by the locals. This practices destroys the fabric of the community and the local culture, and turns once prosperous communities into dangerous criminal hell holes.

Not all Catholics adhere to their church's stance on this. But I would be suspicious of anyone who walks in lockstep with the Catholic leadership when in comes to open borders and immigration policy.
 

5 posted on 07/03/2018 3:39:53 AM PDT by Governor Dinwiddie (MAGA in the mornin', MAGA in the evenin', MAGA at suppertime . . .)
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To: familyop
The senior Senator from Chappaquiddick defied just about every teaching of the Catholic Church *except* the DP so why shouldn't she be allowed to disobey just one?
6 posted on 07/03/2018 3:44:13 AM PDT by Gay State Conservative (You Say "White Privilege"...I Say "Protestant Work Ethic")
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To: familyop

The death penalty is not against Catholic teaching. Pope John Paul II opined that as matter of prudential judgment that the conditions for it were rarely met. But he did not proclaim that it was against Catholic dogma.


7 posted on 07/03/2018 3:44:43 AM PDT by Petrosius
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To: Governor Dinwiddie
Agreed that not all members agree with recent tendencies of some high profile leaders. We know of quite a few subscribed to this site, and I've personally known more than a few conservative members.

I haven't found any record of how Mrs. Barrett might interpret laws or the Constitution in regards to immigration issues. She hasn't been at it for very long. According to one publication that I found, she adopted a couple of children from Haiti. But I don't know if that would have any bearing on the issue at hand. Maybe just a nice thing to do.


8 posted on 07/03/2018 5:00:23 AM PDT by familyop ("Welcome to Costco. I love you." - -Costco greeter in the movie, "Idiocracy")
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To: Petrosius

The Inquisition and the Dominicans in Mexico and the Ametican South west routinely executed Indians

In Peru, thousands were sentenced to death and executed

Both Jews and Moors that would not convert were burned at the stake. Ditto French Christians that were declared heritics


9 posted on 07/03/2018 5:07:28 AM PDT by bert ((K.E. N.P. N.C. +12 ..... In August our cities will be burning))
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To: familyop
Capital Punishment is a prudential matter. No reason why a Catholic judge or juror should have moral qualms seeing it enforced when warranted.

JP2 said that with the advent of thr modern prison system, ge saw no reason to ever enforce capital punishment. JP2 was not an expert on the prison system. His opinion should be given due thought but is by no means binding.

10 posted on 07/03/2018 5:50:48 AM PDT by Wyrd bið ful aræd ( Flag burners can go screw -- I'm mighty PROUD of that ragged old flag)
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To: familyop

Scalia did not think he was in a moral and legal bind.

In capital cases before the court he defended states rights to have capital punuishment on legal grounds - the Constitution does not prohibit it. He did not “abstain”, as if he was wrestling between the law and his faith. He ruled on the law and the Constitution, as we want judges to do.


11 posted on 07/03/2018 5:56:08 AM PDT by Wuli
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To: familyop

You can’t be a good RC and support the death penalty?

Interesting, since up until 1968 the Vatican had a death penalty for attempting to assassinate the Pope.


12 posted on 07/03/2018 6:21:08 AM PDT by MSF BU
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