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Supreme Court hears arguments on Louisiana abortion law

March 4, 2020 CNA Daily News 0

Washington D.C., Mar 4, 2020 / 01:05 pm (CNA).- The Supreme Court heard arguments on Louisiana’s Unsafe Abortion Protection Act on Wednesday, as justices questioned lawyers from both sides on the state’s safety regulations for abortion clinics, including a requirement that abortion doctors have admitting privileges at a local hospital.

The court met March 4 to hear oral arguments in the case of June Medical Services v. Russo. As justices probed the necessity of the state’s requirements, outside the court an advocate for post-abortive women took issue with the justices’ skepticism toward the law.

Cynthia Collins, founder of the Louisiana Abortion Recovery Alliance, and herself a post-abortive woman, told CNA after arguments that the justices “were trying to silence our voices, of the women that have been hurt by abortion.”

“And their voices are the same as the abortionists, to get up, get out, and stay silent, when we’ve been injured by abortion,” she said.

The Louisiana law (Act 620) was enacted in 2014 and requires that abortionists in the state have admitting privileges at a hospital within 30 miles in case of complications that may arise during or after the procedure. The law would hold abortion clinics to the same safety standards that apply to other medical clinics in the state.

The Shreveport abortion clinic Hope Medical Group for Women sued, saying the regulations posed an undue burden on the ability of women to have an abortion.

A district court first issued a restraining order on the enforcement of the law’s penalties. Then, in 2016, the court issued a preliminary injunction on the law. Later that year, after the Supreme Court later struck down a similar Texas law in Whole Woman’s Health v. Hellerstedt, the district court permanently enjoined Louisiana’s law from going into effect.

That decision was reversed by the U.S. Fifth Circuit Court of Appeals which said that the law posed a benefit to women’s health and did not put substantial burdens on abortion in the state.

Unlike in Texas where most clinics closed because of its law, “only one doctor at one clinic is currently unable to obtain [admitting] privileges” in Louisiana, the Fifth Circuit said. 

Reviewing the evidence of the case before the district circuit, the Fifth Circuit also found that some abortionists did not try hard enough to obtain admitting privileges at hospitals.

The case went to the Supreme Court, and more than 200 members of Congress signed an amicus brief in favor of the law. Rep. Dan Lipinski (D-Ill.), who is facing a tough primary battle against a pro-abortion opponent, signed the brief, an act his opponent Marie Newman highlighted in an attack against him.

Wednesday’s arguments focused on two main questions—on whether an abortion clinic, rather than women in the state, has “third-party standing” to bring such a case before the Court, and whether the admitting privileges requirements violate the Constitution by imposing a substantial burden on legal abortion rights.

Justices Neil Gorsuch and Brett Kavanaugh—the newest justices on the bench who could be deciding votes in a 5-4 case—said little on Wednesday, with Justice Samuel Alito being the most vocal member in questioning the abortion clinic’s case against the law.

The “third-party standing” question referred to the legitimacy of abortion clinics, instead of women of the state, arguing before the Court that the law would substantially burden abortion.

Elizabeth Murrill, Louisiana’s Solicitor General arguing in favor of the law, said that “these doctors should not be able to challenge regulations intended to protect a certain class of people.”

The attorney representing June Medical Services, L.L.C., defended the rights of abortion clinics to bring “third-party” lawsuits against state laws, even if a conflict of interest might exist between the clinics’ desire to do business and the safety of women they claim to represent.

Justice Alito called the argument “amazing.” 

“You think that if the plaintiff actually has interests that are directly contrary to those individuals on whose behalf the plaintiff is claiming to sue, nevertheless that plaintiff can have standing?”  

Justice Ruth Bader Ginsburg repeatedly asked why the admitting privileges requirement was relevant to women’s health, given that many women might experience abortion-related complications at home, after having visited a clinic, and thus would go to the hospital by themselves.

Questions also arose as to whether Louisiana’s law is substantially different from Texas regulations struck down by the Supreme Court in 2016 in the Hellerstedt case, with lawyers for the state arguing that the law was “justified by abundant evidence of life-threatening health and safety violations, malpractice, noncompliance with professional licensing rules, legislative testimony from post-abortive women, [and] testimony from doctors who took care of abortion providers’ abandoned patients.”

In one case, Murrill said, an abortionist testified that he transferred four women to a hospital for abortion-related hemorrhaging. The same doctor also admitted in testimony that he hired a radiologist and an ophthalmologist to do abortions, she said, posing clear safety risks to women.

Jeffrey Wall, U.S. Principal Deputy Solicitor General who argued in support of Louisiana’s law on Wednesday, noted that the doctor’s testimony of transferring the four women to hospitals was proof that, while “often” complications might be experienced by women at their home and not at the clinic, they “sometimes” do occur while women are still at the clinic.

In such cases, Wall said, the best practice would be admission to a hospital—something backed up even by the abortionist’s testimony.

Abortionists “could and did” obtain admitting privileges at hospitals, she said, but did not maintain close relationships with their patients who had to litigate their own cases involving harmful effects of abortion.

The chair of the pro-life committee of the U.S. bishops’ conference, Archbishop Joseph Naumann of Kansas City, said on Wednesday that states “have a strong interest in regulating a procedure which is lethal to children and immensely damaging to women.”

“Women, their bodies, and their babies are immeasurably valuable,” the archbishop said in a statement. “It adds insult to injury, and speaks to the callousness of the abortion industry, that providers are seeking to overturn basic, standard protections for women seeking this life-altering procedure.”

In his statement issued after Wednesday’s oral arguments, Archbishop Naumann called on Catholics to pray for the outcome.

“The Catholic Church encourages all people of faith to pray about the outcome to this very important case,” Archbishop Naumann stated on Wednesday.

“We also ask all to pray for the women who are compelled to seek abortion: that they may find alternatives that value their health and well-being, and the lives of their precious children.”

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News Briefs

Pontifical universities close as coronavirus deaths in Italy surpass 100

March 4, 2020 CNA Daily News 1

Vatican City, Mar 4, 2020 / 12:45 pm (CNA).- Rome’s pontifical universities will temporarily shut down tomorrow, after Italy’s death toll from Covid-19 surpassed 100 people March 4.

Italian officials announced March 4 that all schools and universities in the country will be closed March 5-15 because of the country’s coronavirus outbreak.

Pontifical universities in Rome – Vatican-accredited schools teaching theology, philosophy, and other related disciples – are expected to follow the government directive.

The Pontifical University Santa Croce issued a statement Tuesday, telling students that “following the announcement of the Italian government,” the university will suspend classes until March 15.

“The same will happen for conferences and congresses, which are postponed to new dates that will be communicated by their organizers,” the university added, noting that online distance education classes would continue.

The Pontifical University of St. Thomas, the Angelicum, posted on its website March 4 that it will suspend its classes until March 15. The university also cancelled March 9 events which had been scheduled to celebrate the Feast of St. Thomas Aquinas 

With 107 coronavirus-related deaths since Feb. 22, Italy has surpassed Iran in having the most documented mortalities outside of China.

Most of the confirmed cases of Covid-19 have been in the northern regions in Italy. In Lazio, the region surrounding Rome, there are 30 infected with the coronavirus as of March 4.

Italy has the oldest population in the world after Japan; more than 23% of Italy’s population is 65 years old or older in 2020.

As of March 3, the youngest Italian to die of Covid-19 was 55 years old. The majority of those who have died with coronavirus have been older than 60.

The Vatican has responded to the outbreak by postponing large spring events with significant anticipated international attendance to the fall.

Among them, the pope’s economic summit, “The Economy of Francesco.” Originally scheduled for March 26-28, the economic conference in Assisi will now take place Nov. 2.

The Vatican announced March 3 that Pope Francis’ Global Compact on Education, scheduled to take place in May, will be postponed until October 11-18.

“The uncertainty linked to the spread of Coronavirus, along with the decisions taken by public authorities on a global scale, have led to the decision to postpone the anticipated meeting in order to allow the widest and most serene participation possible,” the Vatican’s Congregation for Catholic Education said in a statement.

“The Global Pact is not limited to educational and academic institutions but rather, in the belief that commitment to education must be shared by all, involves representatives of religions,
international bodies and the various humanitarian institutions, of the academic, economic, political and cultural world,” it added.

Holy See press office director Matteo Bruni also shared that steps have been taken in Vatican City as precautionary measures to protect against the virus.

Hand sanitizer dispensers have been installed in Vatican City offices, and there is a nurse and a doctor on call at a Vatican clinic to give immediate assistance, Bruni told Vatican News.

According to the World Health Organization, Italy has the third highest number of reported cases of novel coronavirus after China and South Korea.

Covid-19 is a new strain of coronavirus, which can cause fever, cough, and difficulty breathing. In some cases, it can lead to pneumonia, kidney failure, and severe acute respiratory syndrome.

Most of the cases are in the Lombardy region in the north, followed by the regions of Emilia-Romagna and Veneto. Of these cases, many are mild and being treated at home.

 The Italian Health Ministry reports that as of March 4, 276 people in the country have recovered from Covid-19.

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News Briefs

German bishops reelect secretary on interim basis

March 4, 2020 CNA Daily News 2

Mainz, Germany, Mar 4, 2020 / 11:30 am (CNA).- The secretary of the German bishops’ conference has been reelected to his position, despite announcing last week that he was not a candidate to remain in the role.

Jesuit Father Hans Langendörfer was returned in office by the German bishops on Tuesday, during their spring assembly, currently meeting in the city of Mainz. The priest had said he was stepping down to allow a younger person to fill the role.

On Feb. 26, Langendörfer announced that “I have come to the conclusion that it is now a good time to hand this position over to younger hands,” and suggested that a layperson could fill the role.

Several media outlets in Germany speculated that many in the conference, including Langendörfer, hoped that a woman would be elected to fill the position, which plays a key organizational role in the ongoing “synodal process” being conducted by the German bishops’ conference and the Central Committee of German Catholics (ZdK).

Langendörfer, who has held the position since 1996, indicated on Wednesday that he had  accepted his reelection on a temporary basis, fueling speculation that the bishops had failed to agree on a suitable candidate to replace him.

A brief press release from the German bishops’ conference, released March 4, said that he would not remain in office for the full term, and was continuing in the role on an interim basis.

“The spring general assembly of the German bishops’ conference today (March 3, 2020) in Mainz has reelected the previous secretary of the bishops’ conference, Father Dr. Hans Langendörfer, SJ. re-elected,” the statement said.

“Fr. Langendörfer has announced that he will be performing this task until the end of 2020 at the latest.”

Langendörfer’s announcement last week that he would quit the position he has held for nearly 25 years came shortly after the news that the chairman of the conference, Cardinal Reinhard Marx of Münich and Freising, was also stepping down from the conference leadership. In a statement in February, Marx said he hoped to spend more time in his diocese and that it was time for a “younger generation” to assume leadership of the Church in Germany.

Langendörfer’s reelection as secretary followed the announcement of the new chairman of the conference.

Bishop Georg Bätzing of Limburg was confirmed as the new chairman on Tuesday, replacing Cardinal Marx.

Bätzing was elected after no candidate received the necessary two-thirds majority during the first two rounds of voting; he was chosen on the third ballot with a simple majority of votes cast and will lead the conference for a six year term.

In his first remarks as chairman, Bätzing expressed his “full support” for the so-called binding synodal process, which formally opened during the first week of Advent, 2019, but held the first meeting of the synodal assembly in January.

Despite several cautionary interventions from Rome, the assembly’s working groups will offer proposed changes to various aspects of Church teaching and discipline, including on women’s ordination, clerical celibacy, and human sexuality.

Bätzing himself co-chairs the synodal working group on “Life in Successful Relationships – Love Live in Sexuality and Partnership,” together with Birgit Mock, the ZdK spokeswoman on family policy. The ZdK has called for a total revision of Church teaching on homosexuality and for the blessing of same-sex relationships in churches.

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News Briefs

Proposed amendment in Russia would define marriage as between a man and woman

March 3, 2020 CNA Daily News 2

Moscow, Russia, Mar 3, 2020 / 08:01 pm (CNA).- A definition of marriage as between a man and a woman are among several amendments to the Russian constitution proposed by president Vladimir Putin.

The State Duma, Russia’s lower parliamentary house, approved the constitutional reform bill in January. Putin’s amendments will be included in a second reading next week.

A public vote on the constitutional amendments will take place April 22, but will first have to undergo approval from the Constitutional Court.

Neither same-sex marriage nor civil unions are legal in Russia.

Two weeks ago, Putin spoke on same-sex marriage, saying Russia would not legalize the practice while he is in power.

“As far as ‘parent number 1’ and ‘parent number 2’ goes, I’ve already spoken publicly about this and I’ll repeat it again: As long as I’m president this will not happen. There will be dad and mum,” Putin said.

Critics charge that the changes to the constitution are a means for Putin to maintain power, whose fourth term as president ends in 2024.

Other proposed amendments would include a reference Russians’ “faith in God”, and one on “historical truth” that would preserve “the great achievement of the people in their defence of the Fatherland”.

The historical truth amendment would emphasize the Soviet Union’s role in World War II, during which some 27 million Soviets lost their lives fighting Nazi Germany.

Another amendment would forbid the turning over of any Russian territory, which could strengthen Russia’s claims to Crimea, a Ukrainian region it annexed in 2014, and to the Kuril Islands, an archipelago it administers but some of which is claimed by Japan.

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