Was he excommunicated? or was he still in good standing with the Church?
McBrien was, legally and technically, in “good standing.” I.e., he was never excommunicated, never suspended from ministry, and had faculties.
He was, however, a sleazy, weasely pro-abortion activist for decades. He was too smart to come out and promote abortion, but he was Mario Cuomo’s “house theologian.” McBrien invited Cuomo to give his infamous pro-abortion speech at Notre Dame in 1984.
We cannot know who is in hell. We have words from our Lord himself telling us that we cannot know.
But McBrien lived a publicly sinful, faithless life, and certainly set himself up, psychologically and morally, by decades of obstinacy and pride, to be incapable of repentance at the end.
It is a gross disservice to souls to ooze about God’s mercy when a monster like McBrien croaks.