Month: July 2020

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News Briefs

‘Roe’ abortion decision could still be overturned at SCOTUS, law professor says

July 7, 2020 CNA Daily News 0

Denver Newsroom, Jul 7, 2020 / 05:00 pm (CNA).-  

Even after the U.S. Supreme Court’s overturned a Louisiana law regulating abortion clinics, one law professor says that longstanding abortion precedents could still be overturned, even if the makeup of the court does not change.

“Given the right case, a strong enough factual record developed by state legislatures and supported at trial, I believe that the current majority on the Supreme Court could overturn Roe and Casey, and return the question of abortion to the states to resolve through the usual political processes,” University of Notre Dame law professor O. Carter Snead told CNA July 7.

On June 29 the U.S. Supreme Court overturned a Louisiana law holding abortion clinics to the same standards as other surgical centers.

Its 5-4 decision in the case June Medical Services, LLC v. Russo ruled that the state’s law requiring abortion doctors to have admitting privileges at a local hospital posed substantial obstacles to a woman’s access to abortion, without significant benefits to the safety of women.

The decision was written by Justice Stephen Breyer, with Chief Justice Roberts filing a concurring opinion. In his concurrence, Roberts said that Louisiana’s law imposed restrictions “just as severe” as those of a Texas law struck down by the court in 2016. Thus, according to the “legal doctrine of stare decisis,” he said, Louisiana’s law “cannot stand” because of the court’s previous ruling in 2016.

The Supreme Court heard a similar case about Texas safety regulations for clinics in the 2016 ruling Whole Woman’s Health v. Hellerstedt.

Roberts, long considered a skeptic of pro-abortion rights jurisprudence, had dissented from that 2016 ruling against the Texas law. He joined the dissent of Justice Clarence Thomas which criticized “the Court’s troubling tendency ‘to bend the rules when any effort to limit abortion, or even to speak in opposition to abortion, is at issue.’”

For Snead, the latest decision was disappointing, but also a “road map” for continued efforts.

He lamented that Roberts failed to join four other justices in “affirming the constitutionality of a modest health and safety law for women seeking abortions, namely, the requirement that abortion providers have hospital admitting privileges within thirty miles of where the abortion is performed.”

“Nothing in the Constitution forbids Louisiana from enacting such a law. But Chief Justice Roberts felt bound to strike it down under the prudential doctrine of stare decisis because it was so factually similar to a Texas law invalidated four years ago in Whole Woman’s Health v. Hellerstedt (in which Chief Justice Roberts dissented).”

Snead thought the four justices who dissented in the Louisiana case were right that stare decisis did not require rejecting the law.

However, even with the Supreme Court’s apparent dedication to a recent precedent, Snead was hopeful that pro-abortion rights decisions like 1973’s Roe v. Wade and 1992’s Planned Parenthood v. Casey could be overturned.

“No one in June Medical Services asked for Roe or Casey to be overturned, and Chief Justice Roberts applied Planned Parenthood v. Casey without affirming or endorsing it,” said Snead.

“He made it explicitly clear that he does not believe the Court can or should balance a woman’s self-determination against a state’s interest in the life of an unborn child. But this is the very calculus from whence the right to abortion came in Roe and Casey. So it’s clear that Chief Justice Roberts believes that Roe and Casey are conceptually unsustainable.”

“That leaves the issue of stare decisis as the final obstacle to convincing him to undo the injustice of Roe and Casey. It is clear from his concurrence that pro life litigants need to explain why principles of stare decisis do not require Casey and Roe to be sustained,” he said.

In a July 4 essay for the First Things website, “The Way Forward After June Medical,” Snead argued that Roberts’ concurrence is “the controlling opinion for purposes of precedent” and “leaves pro-life litigants on a better jurisprudential footing than before.”

“Most important, June is a road map for tailoring arguments to the new swing vote on abortion, Chief Justice Roberts,” Snead said. “It is certainly tempting to give up because there is still so far to go. But in the face of setbacks in the struggle for the equal protection of the law for every member of the human family, born and unborn, we must remind ourselves that none of it matters. We must find a way to win.”

Roberts’ concurrence acknowledged that the 2016 law was wrongly decided. For Snead, a case can be “readily made” to address Roberts’ concerns about precedent because of the unstable place of abortion in constitutional law. He wrote “it is built on outdated and dubious factual predicates.”

Snead told CNA that American jurisprudence on abortion “has never offered a stable, coherent, or predictable legal framework; it has been re-theorized multiple times, thus reducing its precedential standing; and there is no evidence that women have structured their lives around access to abortion, nor evidence that their personal or social flourishing depends on it.”

He said Roberts’ concurrence puts forward a “new standard.” If a state’s abortion restrictions face legal challenge, the state needs only “to demonstrate that it is pursuing a legitimate purpose via rational means.”

“This is a very low standard that states can almost always meet,” said Snead, saying this standard allows states “far more latitude to restrict and regulate abortion than before.”

“Indeed, the Supreme Court just vacated and remanded for reconsideration two cases where lower courts had previously struck down a parental notice law and a law requiring an ultrasound 18 hours prior to an abortion,” Snead told CNA.

“States should continue to pass laws that respect and protect the intrinsic equal dignity of all human beings, born and unborn, and extend the basic protections of the law to unborn children and their mothers,” Snead said. He advised a combination of abortion restrictions and laws that strengthen “the social safety net” for pregnant mothers and families.

States should make it easier for men and women to care for their babies or, where not possible, to make an adoption plan, he suggested.

“And in our own lives, we all have the duty to extend to all our brothers and sisters, born and unborn, love, respect, and radical hospitality,” he said.

 

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No Picture
News Briefs

‘Life after ISIS’: Christians are leaving Iraq due to ongoing security concerns

July 7, 2020 CNA Daily News 0

Rome Newsroom, Jul 7, 2020 / 12:00 pm (CNA).- More Christian families left the Nineveh Plains than returned to their hometowns last year amid ongoing security concerns in northern Iraq, according to a recently published report by Aid to the Church in Need. 

The report, “Life after ISIS: New challenges to Christianity in Iraq,” documents how Iraqi Christians’ worries over Iran-backed militias operating in their region drive emigration and economic insecurity. 

“Christians who have returned to their homes still feel unsafe, and substantially more insecure than other groups in the region mostly because of the violent activity of local militias,” Fr. Andrzej Halemba, the leader of ACN’s Nineveh Reconstruction Committee, wrote in the report’s foreword.

“Although economic concerns, especially employment, are paramount in some areas, it is impossible to decouple these from security considerations. These key factors need to be addressed to tackle the physical and economic insecurity that forces populations to move. If the tendency to emigrate is not stemmed, it will place, in turn, even greater pressure on Christians remaining in Iraq by reducing their critical mass and thus creating a less hospitable environment,” he said.

The ACN report found that 57% of Iraqi Christians surveyed said that they had considered emigration. Among them, 55% responded that they expect to leave Iraq by 2024.

The number of Christians living in areas formerly occupied by the Islamic State has already declined from 102,000 to 36,000 people since 2014. The report stated that some displaced Christians who returned to the Nineveh Plains as their homes were rebuilt are now choosing to leave. 

“In the summer of 2019, the Christian population of this region reached an inflection point, with more families leaving their hometown than returning. In Baghdeda alone, 3,000 Syriac Catholics left over the course of just three months in 2019 – a drop of 12% in the number of Syriac Catholics in the town,” it said.

With continued migration, the future of the Western Neo-Aramaic language known as Surith, and sometimes called “Syriac,” is also threatened if the children of immigrants do not retain the language. One Christian in Bartella told ACN: “Learning Syriac is important because it’s the language of Jesus.”

The report named Australia as one of the primary locations where Iraqi Christians emigrate, with at least 139,000 moving there since 2007.

This is in part made possible by Iraqi Christians’ family connections abroad. The study found that most Christians had at least one family member living abroad, which provides an added incentive and knowledge of how to leave Iraq. 

However, the majority of the Iraqi respondents to the ACN survey cited security concerns over family reasons as the primary reason for wanting to emigrate. 

In particular, living under an Iran-backed militia was directly correlated with feelings of insecurity. These Shia militia groups operate with the permission of the Iraqi government, but they have previously refused to comply with the prime minister’s instructions to integrate into the Iraqi army. 

The ACN report detailed Christians’ complaints of theft, threats of violence, and injury perpetrated by these militia groups, which have been sanctioned by the U.S. government for human rights abuses.

Additionally, many Iraqi Christians live with the fear that the Islamic State or a similar group will return. The survey conducted by ACN found that 87% of these Christians felt unsafe or absolutely unsafe, and 67% believed that “it is likely or very likely that ISIS or a similar group will return in the next five years.”

“Disputes between the central government in Baghdad and the Kurdistan Regional Government over certain Christian-majority areas have also hindered infrastructure reconstruction provoking further insecurity,” Halemba said.

The priest underlined that reconstruction efforts in the Nineveh Plains needed to continue, adding that the number of families in the immediate region that would still like to return is estimated to be more than 2,000. 

The report, published in June, is based on a stratified sampling survey conducted between August and November 2019 of 793 Christians living in areas formerly occupied by the Islamic State in the Nineveh Plains. The report was written by Halemba and Xavier Bisits, a management consultant for Bain & Company and ACN project support officer.

The authors said that the survey’s results indicated that NGOs, churches, and governments should focus on the causes that drive Iraqi Christians to emigrate and advocate for the restoration of security in the Nineveh Plains in partnership with local Church leaders.

“The findings of ‘Life after ISIS’ make clear that restoring the stability of the Christian community in this post-conflict region is only possible with a concerted effort focusing on security, education, long-term economic opportunities, and reconstruction,” Halemba said.

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