Friday, January 10, 2020

US Supreme Court can strengthen recovery effort for Puerto Rico

US Supreme Court can strengthen recovery effort for Puerto Rico
There are many juicy issues before the Court, but the impact of an earthquake is not one of them.

The first is whether the Supreme Court should have any jurisdiction over a bankruptcy case. Unless the Bankruptcy Court requested the state government to resolve the matter, the Court may hold that the Puerto Rican Supreme Court had no authority in this matter.

The second is whether Free Exercise can be used to short circuit the bankruptcy process. Probably not. If it could, sexual abuse cases would vanish nation-wide.

A third question is whether old law can be applied to this case. Absolutely. English law is controlling in modern land ownership cases.

This case could also reopen the issue of whether the buck stops with the bishops or can be assigned to the Vatican. Current rulings are based on the question of whether bishops are colleagues or employees of the Holy See for purposes of bankruptcy. For now, collegiality is the rule, but the Court could change its mind.

Regardless, on the earthquake, a special collection is appropriate, as are Catholic Charities USA, Catholic Relief Services and Caritas stepping up to help in assisting recovery efforts in the short and long terms. The latter question is up to parishioners and major donors. In other words, to each of us.

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