Tuesday, July 31, 2018

Links for 7/31/18

https://www.ncronline.org/news/opinion/distinctly-catholic/links-73118
MGB: May bishop Hunthausen rest in peace. As a witness to the resurrection (apostle), he knows that his Savior lives and he in him.

I agree that there should be consistency about union busting and it should include the Church and its efforts to stay away from unions for its own workforce.

Moderates may be swayed by immigrant children, but hard core Trump supporters will see mass deportation as a virtue rather than the intrinsic evil that Vatican II says it is. News flash from the FBI, the obstruction of justice committed by not letting asylum applicants get a hearing is being investigated and will likely lead to indictments, from the Border Patrol to the White House.

One does not need an Encyclical to condemn incest, although among adults with step relationships the use of the term may be a stretch. Just ask Woody Allen. The sinfulness or lack thereof of relations between unrelated adults in a created relationship is culturally bound, not a matter of ethics. Did you skip class in undergrad when they explained that, Michael?

ABBA has a song about money and it does drive elections. The question we need to ask is how it drives policy, whether it be the Pro-Life movement, NARAL, defense contracting or the Koch brothers and their Tea Party organization.

We have a political infrastructure that will keep Trump from being President for Life. Sadly, Zimbabwe has an infrastructure to support one. Sadly, they will be working overtime to keep that movement going. Moderation is doubtful.




Monday, July 30, 2018

Three things that should happen now that McCarrick is no longer a cardinal

https://www.ncronline.org/news/opinion/distinctly-catholic/three-things-should-happen-now-mccarrick-no-longer-cardinal
MGB: Holding bishops accountable is impossible in the face of episcopal collegiality, where in theory the Pope is the Bishop of Rome and all have their own sovereignty. Of course, that is not how it really works. Bishops really work for the Nuncio, who works for the Secretariat of State and the Congregation of Bishops. The legal fiction that this is not the case preserves the Vatican from ultimate responsibility, most especially financial responsibility. Start awarding Vatican assets to plaintiffs in abuse cases and you will quickly see mechanisms to keep bishops in line.

The other option is to revert to the Classical Era and elect bishops by the clergy or the people. Consider bishops to be Pastors, or simply elect Pastors and have them elect Bishops. Either way, the legal fiction of autonomous bishops would be restored. This also takes care of hierarchism and clerical culture. As would ORDAINING WOMEN!

In a case like this, when the perpetrator is long since left all episcopal duties in all diocese, it is hard to place the blame with his superiors, who are either retired or dead themselves. As for the seminaries, a trial is a good idea, provided the seminarians tell the truth about what happened behind closed door. It is not beyond imagination that McCarrick's gaydar meant that all relations were consensual, policy against it notwithstanding.

It is hard to see how a public event many decades after the fact helps. All involved are now older if not old men.  Any personal sin is long since confessed. Should there be discretion? It depends. It is impossible if going public is the only way for victim to be heard. If that is not the case, then some kind of private or public truth and reconciliation structure seems better than simply having Vatican officialdom hang Ted McCarrick out to dry. That is revenge, not healing.

Friday, July 27, 2018

Conservatives distort McCarrick scandal to attack Francis

https://www.ncronline.org/news/accountability/distinctly-catholic/conservatives-distort-mccarrick-scandal-attack-francis
MGB: Conservative commentators talking about sexual abuse is like Republicans attacking deficit spending (especially entitlements, which are mostly self-funded) when the Democrats are in power. The way they are doing it with McCarrick borders on calumny - and probably has crossed that border. I will make no excuses for the tin ear of Francis on this issue, but I agree that St. John Paul was absolutely deaf. While there could have been files that successor bishops might have seen, which is what the Conservatives seem to be suggesting, none of them have seen them or heard from others who have. I do not read these Conservative outlets and the best way to deal with this story is to simply boycott them and urge others to do the same, including MSW.

As for the clerical culture, this incident shows that we don't have a cultural problem, we have a structural problem. When nations were ruled by Divine Right kings, they consolidated power by forcing the Vatican to let them appoint bishops. With the rise of Protestantism, the papacy took that function back.  The rise of democracies, which the popes hated, continued the practice. Since Vatican II, at least on paper, the popes no longer hate democracy. Dignitas Humanae sealed deal, however they have not yet adjusted their organization structure to embrace it for the Church, thus returning to the ancient practice of the clergy and the people appointing their own pastors - which includes both bishops and pastors of the parish. Doing so puts child protection in the hands of the people, which is where it should be. No parish would transfer an abuser to another parish. They would call the police. It is past time to get this done. No more Omerta and no more clerical culture. Of course, the conservatives will wail and gnash their teach at such developments, which will be fun to watch.

Thursday, July 26, 2018

Links for 7/26/18

https://www.ncronline.org/news/opinion/distinctly-catholic/links-72618
MGB: I am sure that PPUSA is fine with AGOC and the AMA. It is the SEIU they are hostile to, as the USCCB is hostile to the AFT and the NEA. Of course, I am not going to say anything about the bishops cozying up to Trump, because all too many are already there. Apparenty they are also in bed with the Mt. Pelerin Society libertarians on federal employee labor rights.

Mary Magdalene is beset by the Traditionalist movement to turn her husband and her mother-in-law to asexuals, which is impossible because, as natural as being an asexual is for those born to it, it would be heresy to say that they had an attachment disorder, which is what asexuality carries with it.

What the governor can't say is what he would say in an unguarded moment, when the truth comes out, that the Tea Party Trumpers are more likely to be racist. We don't need to outreach to that. Instead, we need to call them out as fringe and shame those who are not racist to leave the GOP until it is dead, as Bruce Bartlett has often said. He does not like the Democrats either, largely because they find their own feet a convenient target.

I suspect it is Trump that is running up against the realities of his trade policy. Of course, his antics could all be a Herman Cain like study in performance art. Can anybody be that stupid? As for Europe, they need to double down on nationalism with a unified high income surtax and the assumption of member country debt - although they should use regional terms for its members, not national ones, and elect a president rather than rotate it.  As for Trump's tweets, he is either mad or his acting is over the top. I disagree with Elizabeth. Trump will either say he was faking or be bounced by the GOP when they and their donors realize that they need to shoot their own dog to survive.


Wednesday, July 25, 2018

In defense of 'Humanae Vitae'

https://www.ncronline.org/news/opinion/distinctly-catholic/defense-humanae-
MGB: First the title. Michael Sean is trying to defend the undefensible, I suspect largely due to loyalty to the Church and is teaching. While he believes we are all the Church, he does not take it seriously.  I have written a book about challenging the popes when they need it, entitled The Catholic Left Responds to the Papal Anachronists.  Quite obviously, Humanae Vitae is included.

It is not the last chapter. St. John Paul makes too appearances (and because the book is an annotation and he is rather long-winded, the largest portion of the book. The CDF guidance on bioethics and the Five Dubia round out the recent entries, proving that neo-Scholastacism is alive and well in the Catholic Church, as is the belief in the infallible Magisterium and the expectation that curent popes will never change i, although this pope does not seem to fall for such nonsense.

It was not just infallibility that that failthful rebelled against, it was the sexual ethic that saw sex as a means rather than an end, which is an idealization by an asexual clergy. Asexuality is a natural state, like homosexuality, but its natives would call it objectively disordered were they at all self aware. Instead, they take its natural inclinations and its idealized view of sex and attempt to impose them on heterosexuals and homosexuals, for whom it is not natural. In prior days, most such teachings were seen by the hierarchy and the clergy. Modern communications pulled the curtain back and the laity did not like what it saw.

I do agree with both soon to be St. Paul VI and Pope Emeritus Benedict that birth control should not be used to avoid charity or the gift, although I would call it economic justice. Even natural family planning deemphasizes the need to fight for living wages, which because they are impossible in the free market for workers, must be facilitated by public policy. Pius XI, who Paul was affirming (including Pius' rather quaint view of family life), got the need for a living wage with government invo9lvement exactly right in 119-122 of Casti Connubii. 

As for perfecting our genetics, it is easy to argue against it if you have never had a congenital adrenal tumor or hypertension, bipolar disorder or alcoholism. Having had all three, I ask that you not judge what would be good for me before walking in my moccasins. While it is true that some of my accomplishments are due to my maladies, I would still rather to have not had them or have my chuildren or grandchildren have them. We are not arguing for culling the herd, just treating it if possible.

Should we celebrate Humanae?  Maybe, but not for what it did but for what it started among the faithful and the unfaithful. Until then, many people who believed in a belief in God hung around out of habit. Humanae freed them to be honest. It also freed many of us toi speak up about our Church's peculiar sexual teachings, especially those denying the priesthood to women. Francis is now moving to ordain deacons. Progresss is sweet, but the deaconate is not enough. Those who call it a gateway are correct like they are when they say letting girls serve at Mass gives them the impression they can be priests, to which I answer, yes it does and its about time.

Tuesday, July 24, 2018

Links for 7/24/18

https://www.ncronline.org/news/opinion/distinctly-catholic/links-72418
MGB: Where was the regard for the dignity of the unionized workforce that was given the boot when new management bought out these meat packing plants? They were hired to be paid less and to have no right to complain about safety violations. The best answer is still open borders and closed shops,. Then immigrants will only come if the job really will not be filled by an American, although I do not foresee many processors paying migrant labor a union wage. As for these poor souls, someone must have complained about working conditions or failed to pay a bribe to state or federal government. There is always corruption in the trade for human flesh.

Marc Short should have tried for a Koch funded school, like George Mason or Catholic University.

Homophobic satire on Trump will be appreciated by the gay community while it gets under the skin of both Trump and Putin and their fans. A win-win.

Trump thinks all politics are about him, as his supporters are slow to learn, if they learn at all. The fact he is working on trade shows he can't succeed anywhere else, although he is doing what he promised, as stupid as that was. Get someone onto FoxNews to explain trade policy before we all go bankrupt again.

Democrats for Life have a huge problem and they cannot finesse it by being vague. Unless they come out and say that they would criminalize abortion, the Republicans won't have them. If they don't promise not to, the Democrats don't want them. The GOP can be vague all day because they can play off against Nancy Pelosi and Hillary Clinton, who make their point for them. They have no intention of winning anything but elections. I will gladly endorse Dems for Life when they drop criminalization and go whole hog for a very generous child tax credit, condemning any right to lifer who won't. Also agreeing that Roe was rightly decided would go a long way, because it was - on on outcomes but on 14th Amendment law.

What Garvey was saying was not illegal, yet, but it will be once the courts finish the process of including gay rights as a suspect class in the Civil Rights Act of 1965. I am sure there are bishops who love what he said as well. Because the Court or the 2nd District will codify this change (which came as the result of Kennedy's decision on gay marriage), there will be no more discriminating against gay students or fire gay employees who get married, even working for the Church. Hosanna Tabor won't even help them.

Longnecker is an idiot who is best ignored, even before he delves into calumny. Because I am old I can quote the aphorism that there is no fool like an old fool. God will take care of Longnecker soon enough, assuming he goes that way.

Monday, July 23, 2018

To have a future, Democrats must embrace moral and religious language

https://www.ncronline.org/news/opinion/distinctly-catholic/have-future-democrats-must-embrace-moral-and-religious-language
MGB: Harrington was not at all religious, although he still wrote about equality and justice in a way that made you think he was. I am currently reading The Twilight of Capitalism, which makes clear where he sits on religion. It is a marvelous book that lays out what Marx actually said in his writings and why, as well as how it can be used in the debates of the day. While there are Christian and even Catholic Democratic Socialists (I have written three books in that vein - note to MSW - review one already, it has already been delivered to NCR), Michael Harrington was not one of them.

I would love it if the Democratic Party adopted that sort of line. I would sell more books. Sadly, the Millenials are happily Nones for Bernie and the Boomers and Xers want the lost glory of Obama and Clinton.  They seem to regard bringing in Christianity is something that old black folks did in the Civil Rights movement, although the Moral Mondays of Reverand Barber still ring true with that message.  DSA members are enthusiastically participating in the Poor People's March, so anything can happen, but I don't anticipate mass conversions.

The First Things quote from Benedict is good history, but I bet many of the readers went nuts when they read it. They want the prosperity gospel to be blessed and the Church is having none of that (although some of the bishops might).

As for Hillary, it is hard to run when the voters on the other side are crazy and so is their candidate. The whole Deplorables thing became a badge of honor for them, but she could have won if she really knew her party. She should not have run the whitest man in the Senate as her VP. Duval Patrick or Corey Booker (even with his neo-liberalism) would have led to a victory. The Obama miracle was about getting Black voters who never go to the polls to line up in droves. In my home precinct in Alexandria, Obama on the ballot had long lines. Without Obama, turnout is steady, but light.

 The problems in the Democratic Party are about race more than religion. It is not even about Class. When Marion Barry was on the ballot, people came out. Without him, not so much. White people come out anyway. Getting Black folks to come out for a white candidate will take some Reparations within the Democratic Party. Democratic Socialism might be part of it - and it would need a more religous bent, but that is still not enough. Black voters have heard enough talk. It is time to show them some action.

Talking about Capitalism does not make it go away and Black voters see through it, although Millenials don't seem to. We need to Occupy Capitalism instead. We need enough religion not to scare away the Cold Warriors (who seem to all be for Trump and Russia), but not much more. Talking about the Middle Class does nothing for Black voters. They hear it as a desire to talk to and about White voters. End that conversation. Talk about workers instead.

Is there a place for the Catholic Church? Absolutely. Open Catholic vocational high schools and give up the dream that every Catholic kid finishes college and considers the priesthood. If you want sexual grievance to go away, shut up the homophobes in the Church and celebrate gay weddings rather than firing staff for having them. Put forward a plan for a child tax credit that approximates a living wage and condemn any pro-lifer that rejects it (which is $1000 per month per child). Oh, out the asexuals in the clergy and prevent them from making doctrine and, most importantly, ordain women. If you don't do these things, quit telling us how to run our party, especially regarding the politics of grievance.



Friday, July 20, 2018

Pope Francis reminds us of our call to be missionary disciples

https://www.ncronline.org/news/opinion/distinctly-catholic/pope-francis-reminds-us-our-call-be-missionary-disciples
MGB:  This pope has become the world's parish priest, proclaiming the Gospel as written and as scheduled throughout the year. He adds to it the priesthood of the baptized, but he includes himself in that. He is adding nothing to the words of Christ and encourages us to do the same.  If only other propes had gone down that road. The kingdom of God is now, for Christ is still here. It is not a coming event we are waiting for (as Paul misunderstood  it).

We need no other training or tools for this mission. By implication, neither do our official witnesses to the Resurrection - the bishops, who took over for the original disciples, who looked more like the 72 than the current hierarchy.  There is no "them" in the Church, only us. Woe to the bishops who act differently. The good news of the Cross is not what the bishops teach. It is not that Jesus substituted himself for us before the wrath of God, but that he experienced the emptiness of humanity on that Cross, so that we can join with him in the Communion of the Faithful in sharing his blood.

This Gospel is given life by the Jesuits, who send the seminarians out on a bus trip with nothing, expecting them to return as the 72 returned. Francis once made the trip. How many of us could? He has adopted the simple life, which is a challenge indeed.




Thursday, July 19, 2018

Links for 7/19/18

https://www.ncronline.org/news/opinion/distinctly-catholic/links-71918
MGB: The only one to blame is Trump and those voters who saw him as their salvation from the blackness of Obama or his (non-existent) talent as a CEO (most of whom are about themselves, not their companies).

Trump is the dog who ate his won homework and who should be put down by his own party if it is to survive, figuratively of course.

Let Hannity be the Greek Chorus that extols the fallen tyrant as he rots in his jail cell (not a metaphor).

The 56 Republicans being outraised is almost twice what is needed to put Trump in the docks in the Senate, figuratively of course. The accused is almost never present at an impeachment trial.

There is already a Vets PAC run by Gen. Wes Clark. Of course, Wes will not take it down the blind alley of shooting ourselves in the foot just before an election for one man's ambitions.

Puerto Rico faced total system failure, so the response cannot be done at once. Still, its  Governor and his aids huddling in the convention center when they should have been actively directing recovery in the first hours speaks volumes about why PR is in trouble in the first palce. I hope he is primaried, as he is also a sell-out to bondholders. His job was to push back and he did not do it.

The focus on the working class was abandonned when being Red lost its fashionability in the McCarthy era and before. Bernie is bringing that back for the young, but a wider net is needed.

Happy Jubiliee Fr. Scott. May your spirituality continue to enlarge.

I am, sure the Prime Minister made a stop in the Saloon before facing the American Bafoon, so the mislableling is apt.

Wednesday, July 18, 2018

Spadaro and Figueroa rile the Christian right again in new essay

https://www.ncronline.org/news/opinion/distinctly-catholic/spadaro-and-figueroa-rile-christian-right-again-new-essay
MGB: I know wealthy Catholics who baptize their wealth with tithing and believe it is a favor from God rather than be the dirty reward of participation in the rigged Capitalist system.  Peale, Trump and their Protestant cultists are not the only ones tainted by these beliefs, which condemn the poor rather than finding Jesus among them. Indeed, Paul Ryan's Randianism and its reactionary fervor come from such a system of uncharity. The authors misunderstand the American Dream, which has a strong dose of mutualism. The selfishness of the Prosperity Gospel comes from the Scottish Presbyterians, who fully embraced Capitalism, bringing us back to Peale. This baptizes envy among the poor, who believe that faith will make them rich, rather than resistance to the exploitation that keeps them in their place in the Republcian Party, rather than with Jesus among the poor, whom are truly blessed.

Tuesday, July 17, 2018

Links for 7/17/18

https://www.ncronline.org/news/opinion/distinctly-catholic/links-71718
MGB: Going back to states rights on Roe would also shift us to that standard in all other matters, from segregated schools to gay marriage. It simply will not happen. It also cannot. Roberts and Alito voted against overturning Roe, along with Kennedy, when the Partial Birth Abortion case was heard (the entire law was a blatant send up for repeal). It is doublful that Gorsuch and Kavanaugh would depart from the views of their mentor. If the unborn are to be protected, it must be in Congress, not SCOTUS. I wonder who is looking over America's shoulder or who was added to the editorial staff to make them write such a fanciful piece. It is not even a successful thought experiment.

I would form a thrid group of dissidents and mine would get the biggest audience - Catholics demanding an end to celibacy, sacred continence and the ban on female ordination. A discussion of family life by a celibate clergy and those laity that adore them is quaint, were it not so toxic. As for the right wingers, someone has spiked their Geritol.

Francis was preaching the Gospel of the day. It still applies and most missionaries honor it. We are a Church, not an NGO.

I suspect there was some cherrypicking of factors. I ask, to what extent are Republicans warmongers, anti-abortion and racist. While I am sure there is an over-estimation on the Democratic side, I also suspect the Republicans are undercounting their base. The impact of pro-choicers, unions, socialists and peaceniks is also wrongly estimated on the Democratic side.

Trump is beyond craven and into pathological. I am no longer surprised at anything he says. Even if the were talked into resigning, he would try to take it back.

Hillary would only be a third party candidate if the Democrats when full on socialist, the Republicans went full on racist and the Wall Street types were looking for a home.

It is delusional to think Nancy is going anywhere or that right wing Democrat back benchers can make her. Democrats for Life don't get to pick the speaker in anything like the real world.

It looks like Planned Parenthood and the Denver Archdiocese agree on something.

Our allies looking to Moscow are like us looking to the Saudis. They want oil and gas, nothing more. Russia is a third world country and always has been. They were more advanced when the Tartars controlled it.

Monday, July 16, 2018

Trump's NATO trip is a win for propaganda, not for diplomacy

https://www.ncronline.org/news/opinion/distinctly-catholic/trumps-nato-trip-win-propaganda-not-diplomacy
MGB:  Donald Trump is car wreck. We can't look away.  Making things worse so that you can be seen as making them better is an old CEO trick to get a bonus.  All this will get him is impeached or declared disabled, once even his own cabinet has had enough. He is the ultimate sophomore, a wise fool.  We deserve better than that - especially when he is at a summit.  Sadly, he is learning nothing, indeed is incapable of learning, so he will be a sophomore at the end of his term or when we finally fire him.

Note to MSW, to expect more than propaganda from either Trump or FoxNews is a fools errand. Both are ignorant of reality, deliberately so. The only question is whether this bit has gone too far for those in his camp who know better.

The only good thing about this summit is that the CIA probably had the room bugged and will send a transcript to Mr. Mueller. Why else would he issue indictments last Friday targeting Russian Officers. Unless Putin was smart enough to keep Trump quiet, this should be the end of the investigation.

Friday, July 13, 2018

Would Brett Kavanaugh stand up for the rule of law or for Trump?

https://www.ncronline.org/news/opinion/distinctly-catholic/would-brett-kavanaugh-stand-rule-law-or-trump
I suspect Kavanaugh would vote like Kennedy on many issues, including Casey, which was also rightly decided.  These little mayflies the states send up to the Court system are designed to give them an opportunity to overturn Roe. As long as Roberts and Alito believe it is settled law, that won't happen so SCOTUS will never hear the case. Indeed, if you apply the Kennedy standard, Gorsuch and Kavanaugh are in the same camp and the pro-Casey, pro-Roe faction contains 8 justices. Give it a rest, Michael, Roe is going nowhere until Congress acts to "enforce" the 14th Amendment by moving personhood to an earlier point in pregnancy. If it does, the Court will uphold it.

On Trump, how did Kennedy vote on Bush v. Gore and whixch side really stood for the rule of law? Aside from being for Gore, the case was rightfully decided based on constitutional law on the chosing of electors. As far as impeachment, it is unlikely that anything will get to the Court. U.S. v. Nixon is conrolling law which implies that the President is not above the law, which is what Kavanaugh stated in his law review article.  I suspect that Mueller will try for impeachment and the Congress will comply, either before or after the election - I suspect before because otherwise Trump will bring down the party in November.

As for supporting Capitalism, they all do in most cases, unanimojusly.  There are methods to overturn it and the Courts are not not one of them.

Thursday, July 12, 2018

Links for 7/12/18

https://www.ncronline.org/news/opinion/distinctly-catholic/links-71218
MGB: The response to Judge Kavanaugh's nomination is to stir the pot so as to raise money for party and interest group. The reality is Roe and gay marriage are going nowhere and neither is the Court's almost unanimous support for Capitalism.

The Republcian Law, I mean Fedralist Society is entirely predictable, as is Cato. Ditto, as they say, for the Susan B. Anthony List (Susan and her friends would be ticked that they are using her name for this). On the other side, Move On and Emily's List are equally predicatable, as is Think Progess, all of whom are loyal Democrats. BTW, no is is denying pre-op transgender males the right to abortion or their rights to the bathroom of their choice - which is long lettled law - like Roe.

My analysis is as clear as Politicos and I agree that we need someone with experience in other branches. Migh I suggest Hillary Clinton and Barack Obama. Both were outstanding lawyers and law professors, as well as able legislators and administrators.

Wednesday, July 11, 2018

Amid Kavanaugh nomination, both sides of abortion debate face crossroads

MGB:  It is no secret that the Pro-Life movement has always been the Republican Party at prayer, although most GOP donors and politicians only speak pro-life because it fires up their donations and electoral base. Thinking that Donald Trump makes it any dirtier is wishful thinking. Trump is simply more obvious in his pandering. Pro-life? about as much as he was Pro-Choice when he thought he was running as a Democrat. Recall that Sarah Palin used abortion as her big issue, until Katie Couric asked her for specifics about Roe. The Empress had no clothes.

As for the Democrats and NARAL, they have found fundraising and GOTV success as well with this debate. Sadly, Hillary took it too far in defending partial birth abortion when she did not need to in winning her base. It cost her enough of a chunk of the Catholic vote to lose. She should have simply trashed the pro-life movement as a sham. That was how we got Obama's Catholic numbers to match his population totals. The saddest of all are Democrats for Life who, like the Republicans, don't really say what being pro-life means as far as who goes to jail and why - mostly because the movement won't admit that you have to recognize legal personhood and then the crime becomes infanticide, not abortion, and mothers cannot escape punishment. The prospect of punishing mothers and doctors makes any Democrat for Life a pariah in the Party. 

Democrats against abortion can certainly limit themselves to favoring a living wage for parents - not a fixed amount for the family but one that gives $1000 per child per month (the Church can try it without waiting for a tax refund to avoid hypocracy). Of course, most social conservatives are also economic conservatives who will tell you that they do not support paying women to have sex or children. If that is the case, then the pro-life movement really is about controlling female sexuality.

Now do you see it, Michael?

That the bishops parroted the Federalist Society on what to do about abortion is tragi-comedy. Whomever put that into their press release must be fired if staff or retired if a bishop. Their stance is likely a function of their ignorance. They have been told that Roe is wrong, although it is not. The reasoning is a sound extention of the 14th Amendment, which is controlling law. They don't like the result, but the result really has not changed. There were more abortions before Roe than after. It is like that in both the U.S. and any nation that bans abortion.

I will repeat what I posted regarding abortion and Kavanaugh last evening.
Modern justices who come from good law schools, like Yale, are well schooled in the logic of Roe v. Wade.  That kind of education makes ovetruning both federal supremacy and privacy, which are the basis of the decisoin, rather unlikely.  Additionally, he worked under Kennedy (like Gorsuch), who is the master of the abortion middle. He may have been the hand picked successor and, regardless of what either says about the issue, neither Bush nor Trump are particularly pro-life. Indeed, because he likely had a role in picking both Chief Roberts and Justice Alito, both of whom voted with Kennedy on Gonzalez v. Carhart, the parital birth abortion case, in not oveturning Roe, we can guess that Kavanaugh probably has the same views.  This nomination is great for stoking both the pro-life and pro-choice bases and gives thos of us write about abortion an excuse to write copy, but it won't lead to any change in Roe. Indeed, it is likely the death of the issue.
I won't repeat all of what I wrote on Monday, but I will repeat the money quote about overturning Roe:
MSW still assumes that overturning Roe means empowering states. Under the 14th Amendment that is not only impossible, it is STUPID. We fouight a Civil War about state power over slavery. No way should we return to states right regarding abortion. Whether a person is a person is a FEDERAL question and always will be. Brennan correctly weighed the rights of all the unborn to be protected by positive law against the mother's rights to be left alone and found for the mothers because the state had no compelling interest to compel their behavior.
The law is all about compelling interest analysis and Brennan got it right. Roe was not wrongly decidied, those who react to it simply don't understand legal reasoning. Lawyers who say it was wrongly decided are being paid to say so. They have no ethics. Everyone else does not know any better.
Now, back to counting Justices. Anyone who remembers April 2007, when Congress sided with the Government in supporting the Partial Birth Abortion Act by a 5-4 vote. This was not a win for the pro-life side. Kennedy wrote the decision based no on overturning Roe and privacy, but on the Commerce Clause. Scalia and Thomas wrote concurrences saying they would overturn Roe and Roberts and and Alito JOINED KENNEDY. in preserving Roe.
For those who can count, that means there was a 7-2 Court UPHOLDING ROE including two Bush appointees. One of those two is now dead and Gosuch and Kavanaugh are Kennedy law clerks, with rumor having it that Kavanaugh is Kennedy's own pick (and Gorusch might have been too). ..  By my count, that is 8 pro-Roe justices and one against and Thomas is old. Stick a fork in the pro-life movement. It's done.

Tuesday, July 10, 2018

Links for 7/10/18

https://www.ncronline.org/news/opinion/distinctly-catholic/links-71018
MGB: Red and blue cycle in Illinois, which is a shame, although it is good for ad revenue for the local TV stations, probably more so than the general electon, which is solidiy Democratic at the top of the ticket. As far as his private prison stock ownership, such prisons should be banned and replaced with correctional treatment hospitals run by Catholic Health Association. Sadly, the Sisters have not seen the need to provide this service, which is more shameful than the governor getting a piece of the action.

I have been writing too much to read anything. Pity that, although of late my reading has been mostly socialist, which you can only do for so long until you pick up some fiction. As to the quote, the capitalists can only control things when there is not alternate voice. Bernie Sanders helped create such a mass voice, as did the reaction to Trump himself, so there is no possiblity of him winning in the end or dragging this nation to where Hitler took the Germans.

To MSW on originalism, make sure you see the discussion, which I drew from, with the notorious RBG and Scalia, with the money quote that all the justices are now Origionalists.  This controversy is long settled, so don't spend too much time on it (like abortion is settled).

I will take MSW's word for the insanity of Fr. Z. I never read his site. My eyes would bleed, although I still hope he reads and condemns my book on Papal Anachronists. I could use the sales that would generate.

Most people hear America the Beautiful only at Mass and the beauty of it is that they sing along. I don't care how bad it sounds on the organ if it sounds good when the people join in.  I am not going to a recital. I love the Navy Hymn as well, but it is a funeral song above all else when sailors or naval veterans are laid to rest, in which case it should be mandatory.

I think Planned Parenthood should be owned by its employees, so that the SEIU should only be used as a stock proxy service. It begs the question, who owns the organization that right wingers love to hate?

Iowa voters are not forgotten. They ar the most over campaigned and overstudied in history. They are why I belive we should go back to congressional members (with nominees if the other side holds the seat) selecting the presidential nominee and, with the help of additonal local party activists, holding the convention and picking the party.  Rural Iowa gave us Stephen King. Every time he speaks, I am glad I no longer live in Iowa.

Monday, July 9, 2018

Abortion and the Supreme Court: how the debate has changed

https://www.ncronline.org/news/opinion/distinctly-catholic/abortion-and-supreme-court-how-debate-has-changed
MGB: It turns out that the thing that decided this nomination was the rather craven decision by Trump to go with a nominee who might rule that subjecting him to prosecution would be too disruptive to allow, although for now he believes that no such right to avoid prosecution now exists. Trump is good at grasping at straws. It's an executive trait for those with big brains and no analytical skill.

Kavanaugh's only decision on this issue is anti-immigrant, not pro-abortion, although it creates a quandry for pro-life, pro-immigrant Catholics.  Hard cases make bad law, as does defending stupid Administrations. Now that he is on the Court, we will find out what he really thinks.

The pro-life, pro-states rights Federalist Society endorsed the nominee, but I believe they also endorsed Alito and Roberts and probably Gorsuch too.  The hue and cry is that this could be the fifth judge that overturns Roe. That is the comment to win support by people who don't know much about Roe on both sides.

To overturn Roe, you have to accept the possiblity that any Supreme Court will give back federal authority over state equal protection decisions and that privacy, the right to be left alone by the tyranny of the (Catholic) mob in state legislatures, will similarly be overturned.

The best the Court could do is go along with Justice Thomas, who believes that the Court can unilaterlally decide that the unborn at some stage prior to viability, are legal individuals protected, not from abortion, but from infanticide.  They might have that power under the Civil Rights Act of 1875 or they might insists (as they should have in Gonzalez) that Congress make that decision specifically (rather than rely on the Commerce Clause) based on the enforcement section of the 14th Amendment. Part of enforcement is definition and Congress should be the definer.

Of course, the political process will likely yield the status quo, but it would also give us a vehicle for a higher child tax credit, which would reduce abortoin drastically - much more so than the Court could and certainly more than Republicans would outside an abortion debate with the Catholic Bishops looking over their shoulder. The reality is that they don't want to pay for other people's sexuality, but will control it with police power. How anyone can be pro-life and a decent human being given those facts is beyond me.

MSW still assumes that overturning Roe means empowering states. Under the 14th Amendment that is not only impossible, it is STUPID. We fouight a Civil War about state power over slavery. No way should we return to states right regarding abortion. Whether a person is a person is a FEDERAL question and always will be. Brennan correctly weighed the rights of all the unborn to be protected by positive law against the mother's rights to be left alone and found for the mothers because the state had no compelling interest to compel their behavior.

The law is all about compelling interest analysis and Brennan got it right. Roe was not wrongly decidied, those who react to it simply don't understand legal reasoning. Lawyers who say it was wrongly decided are being paid to say so. They have no ethics. Everyone else does not know any better.

Now, back to counting Justices. Anyone who remembers April 2007, when Congress sided with the Government in supporting the Partial Birth Abortion Act by a 5-4 vote. This was not a win for the pro-life side. Kennedy wrote the decision based no on overturning Roe and privacy, but on the Commerce Clause. Scalia and Thomas wrote concurrences saying they would overturn Roe and Roberts and and Alito JOINED KENNEDY. in preserving Roe.

For those who can count, that means there was a 7-2 Court UPHOLDING ROE including two Bush appointees. One of those two is now dead and Gosuch and Kavanaugh are Kennedy law clerks, with rumor having it that Kavanaugh is Kennedy's own pick (and Gorusch might have been too). Now, the bad news is that on conservative economic issues and affirmative action, this is very bad news (to permit myself a Yogi). On abortion, however, that is 4 Souters in a row on Roe.  By my count, that is 8 pro-Roe justices and one against and Thomas is old. Stick a fork in the pro-life movement. It;s done.

People are still calling Trump a pro-life POTUS, but reports are that he taunts the Vice President about his pro-life views and in private is still pro-choice. I am not naive enough to think differently, although if you do, you can pool your money and give it to Donald Trump as he has a bridge in New York to sell you.

Friday, July 6, 2018

Raising questions about Amy Barrett's beliefs is not an anti-popery riot

https://www.ncronline.org/news/opinion/distinctly-catholic/raising-questions-about-amy-barretts-beliefs-not-anti-popery-riot
MGB: Origionalism has evolved into a philosophy that all justices agree with having to do with the spirit of the Constitution as ratified, meaning it is the ideals that guide, not the circumstances. Nothing to fear here.  Abortion is not going anywhere. Roberts and Alito could have gone with Scalia on ovrturning Roe on jurisdictional grounds, sending the issue back to the states, during the Partial Birth Abortion case. They did not. They sided with Kennedy and hung their decision on the Commerce Clause (ironic given their position on mandates and the same clause).

Aside from jurisdiction, which if used to overturn Roe would undo federal supremacy in all equal protection matters (not that the bishops would mind that), there is privacy - the right to be left alone by legislatures when they attempt to regulate a group, like women or gays. It is not going anywhere either, not because of the emenations of penumbras but becasue it is solidly rooted in due process.  I would ask Barrett her views on both concepts, regardless of abortion.

The most important question involves the bishops, not the pope. If some bishop decided that she should be denied Communion for not repealing Roe, what would she do?  Conform and vote yes? Vote no based on both privacy and jursidiction or recuse herself, along with the other Catholics on the Court, sending a message to the bishops that they have gone too far.  The correct answer is C.

Thursday, July 5, 2018

Links for 7/5/18

https://www.ncronline.org/news/opinion/links-7518
MGB: Sadly, most young people, especially among the Nones, have never talked to a Nun.

SCOTUS does not gather evidence. It is up to the parties to present all of their own arguments, including assertions that the Petioner is lying.

Judge Barrett is being put forward to let the Democrats kille her nomination so that the next guy goes through easily.

That a Republican justice would oppose the death penalty is the impossible dream.

Abortion, which by definition is performed on a fetus that has no legal recognition, will never be banned in the United States. Infanticide can be banned, but that demands legal recognition of the child and punishment of the mother. That is unlikely as well. The issue is all about sentimentality, not law, and there will be no march of cultural change to stop it. The only hope is to establish a real living wage for families with children so that most poor people see having the child as an economic plus rather than a burden. Of course, the pro-life movement will never go along because for them, this issue is about sex, not saving children.

The House Republicans are unhinged on impeachment, unless they decide to shoot their own dog to keep their jobs. Their change in attitude will make your head spin.

Calling Obama an Manchurian Candidate in the age of Trump and his Russian handlers is truly desperation.

Charing non-members for services for what is essentially a democratic organization is inconsistent. The answer to Janus is to require a closed shop so that each employee has a voice. The fee was always a poor compromise to the conservatives who opposed unionization.

Trump is no less grandiose now than in the 80s.  Of course, he will pass on building Trump City as president if he cannot personnally profit from it.

Tuesday, July 3, 2018

A grim Fourth of July arrives in the Age of Trump

https://www.ncronline.org/news/opinion/distinctly-catholic/grim-fourth-july-arrives-age-trump
MGB: Independence Day has always been a holiday of both unity and protest. I recall spending the day marching with John Ray in the DC Palisades Parade, where John was seen as the antidote to first Marion Barry and then Sharon Kelly. John never got the Democratic nomination. When Marion was elected a fourth time, I marched with him in the same parade.  The citizens of this upper Northwest DC neighborhood, which held the highest concentration of Republicans in the city, politely greeted him as their Mayor. Hard work by those of us privileged to call him a friend had raised his standing, even there and he could have won a fifth term were it not for outsiders on the Republican side who disliked him as much as Trump disliked Obama, and for the same reasons. In later years, I marched with Stand Up for Democracy in DC and were were always greeted warmly.

Donald Trump started his political career protesting Obama's legitimacy due to his citizenship, although Obama's papers were always in order, which is more than can be said for Trump's mother and his current wife.  It is pathological that Trump's secret shame is what he most accused Obama of, rather unjustly. His actions in attempting to reverse everything Obama did show that he has no agenda but stoking racism in his aging base and their misguided children, which is easier than having ideas of his own. He is not in this for change, he is a textbook reactionary. Ironically, Obama, through his mother, traces back to both Jamestown and Plymouth.

The Trump family are recent immigrants and have no idea of those values that in some families trace back as far as cousins Barack and George. Still, he had a right to run, but should have had opposition research done on himself before he did. That he did not and this past criminality is now being investigated, as well as his clumsy attempts to hide it are what we will be talking about in November, not abortion.

Most legal scholars on both sides, including Justices Roberts and Alito, will tell you that abortion is settled law (especially since Roberts and Alito voted with Kennedy to uphold abortion rights rather than with Scalia and Thomas when they wanted to use the Partial Birth abortion ban to overturn Roe ,which was the intent of the law in the first place. Most of the Pro-Life movement involves sending up abortion restictions to get the Court to overturn Roe and all off them are swatted down. We still do not know if Gorsuch will vote like Roberts or Thomas, but if he does the former, there is currently only one anti-abortion Justice on the Court. Roe is not going anywhere, nor should it. Privacy, which is the right to be left alone by state legislatures, is not going anywhere, nor is federal supremacy on equal protection (which is the bane of the Federalist Society's reactionaries).

Everyone is up in arms about Janus, however it was expected and the remedy is not protest or hoping for repeal (the Citizens United opposition is similarly hopeless). The solution is to legislate closed shops so that Feds have to join the union. Since that is not likely, unions will be forced to transform or die.  I believe their salvation is becoming involved in the movement to employee-ownership, where they could serve a role representing their members in democratic decision-making and disciplinary matters.  As coopertive industry expands, it will absorb much of what local government does, of AFSCME will also transform into a private sector, closed shop, union.

Trump v. Hawai'i was expected. Anyone who looked at the Roberts and Alito confirmation hearings knows the deference both hold for the President in foreign policy decisions, not because they are conservatives but because that is what is found in precedent and law. Still, judges across the country are siding with the immigrant children in the latest migration from Hondures and Guatemala. You will recall that Trump spoke of this group, using the Big Lie to call them rapists and thugs, when they were only families with children.

Sadly, the FoxNews and alternative media followers of Trump believed him, but the center has not. He has finally crossed the line in his self-loathing indecency to let his true color fly.  The only question is whether the Republicans do a quick about face and shoot their own dog or we wait for a Democratic wave election to be held about presidential crimes and character. While there are those of his followers who see nothing wrong and agree with his conservatism, whether it be for racism or abortion, they will not be able to hold out against the blue tide. Unless the GOP acts fast, they will be swept away with Trump on Election Day. Good riddance.

Monday, July 2, 2018

'The Problem of Wealth' has insight, but needed editing

https://www.ncronline.org/news/opinion/distinctly-catholic/problem-wealth-has-insight-needed-editing
MGB: It looks like this book is the publication of her dissertation, so it might have brought in themes that were important to her reviewers.  If not, it seems to be mainly historical and academic rather than radical. I see no mention of Marx in the review or the economics of tax policy, either income or inheritance.  There is plenty of literature on left wing Christianity, from Catholic worker to  the rise of Bernie Sanders and the Democratic Socialist movement, which brings on the question of working with non-Christians on the wealth problem. 

As for the prodigal son, the economics of squandered wealth is an interesting theme, as many wealthy scions do exactly that, as well as the expectation of  scarcity by the elder son, who would not even ask to use surplus wealth for celebration, making himself poor. The poverty of not asking is a profound reflection on Republican voters who do not insist that the wealthy be taxed according to their ability to pay while they accept a lower standard of living.  You have to want to see it.

As for whether Orbis provides much in the way of editing services, I will leave that to other  authors to judge. My book went right to Amazon because having an agent and a publishing house, as well as reviewers, is a form of wealth most writers don't have until they have already proven themselves in the market.