Washington D.C., Sep 5, 2018 / 05:27 pm (CNA/EWTN News).- US Supreme Court nominee Brett Kavanaugh faced a range of questions on Wednesday, the second day of his confirmation hearings, including on abortion and religious freedom.
Kavanaugh affirmed Sept. 5 that Roe v. Wade and Planned Parenthood v. Casey are “an important precedent of the Supreme Court,” and said that “being able to participate in the public square” with “religious speech” is “a part of the American tradition.”
Sen. Dianne Feinstein (D-Calif.) asked Kavanaugh in the morning about women’s reproductive rights.
“As a general proposition, I understand the importance of the precedent set forth in Roe v. Wade,” Kavanaugh replied. “Roe v. Wade held, of course, and it was reaffirmed in Planned Parenthood v. Casey, that a woman has a constitutional right to obtain an abortion before viability, subject to reasonable regulation by the state, up to the point where that regulation constitutes an undue burden on the woman’s right to obtain an abortion.”
He said that the Roe decision “is settled as a precedent of the Supreme Court … one of the important things to keep in mind about Roe v. Wade is that it has been reaffirmed many times over the past 45 years, as you know, and most prominently, most importantly, reaffirmed in Planned Parenthood v. Casey in 1992.”
Feinstein indicated that “how you make a judgement on these issues is really important to our vote as to whether to support you or not,” saying, “I truly believe that women should be able to control their own reproductive systems, within, obviously, some concern for a viable fetus.”
Kavanaugh replied: “I understand your point of view on that, Senator. And I understand how passionate and how deeply people feel about this issue. I understand the importance of the issue. I understand the importance that people attach to the Roe v. Wade decision, to the Planned Parenthood v. Casey decision.”
“This is the point I want to make that I think is important. Planned Parenthood v. Casey reaffirmed Roe and did so by considering the stare decisis factors. So Casey now becomes a precedent on precedent. It’s not as if it’s just a run-of-the-mill case that was decided and never been reconsidered. It applied the stare decisis factors and decided to reaffirm it.”
“That makes Casey a precedent on precedent,” he said, which he compared to Miranda rights.
Feinstein asked, “What do you say your position today is on a woman’s right to choose?”
Kavanaugh answered: “As a judge, it is an important precedent of the Supreme Court. By it, I mean Roe v. Wade and Planned Parenthood v. Casey. [It’s] been reaffirmed many times. Casey is precedent on precedent, which itself is an important factor to remember. And I understand the significance of the issue, the jurisprudential issue, and I understand the significance as best I can; I always try, and I do hear, of the real-world effects of that decision, as I tried to do all of the decisions of my court, and of the Supreme Court.”
In the afternoon, Kavanaugh was questioned by Sen. Ted Cruz (R-Texas) about religious liberty issues.
Cruz first asked in that regard about the Ninth Amendment, which says, “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.”
In his discussion of this amendment and its protection of unenumerated rights, Kavanaugh said that “an example of that is the old Pierce case where Oregon passed a law that said everyone in the state – this is in the 1920s – everyone in the state of Oregon had to attend, every student had to attend, a public school. A challenge was brought by parents who wanted to send their children to a parochial school, a religious school. The Supreme Court upheld the rights of the parents to send their children to a religious parochial school and struck down that Oregon law. That’s one of the foundations of the unenumerated rights.”
Since Kavanaugh had mentioned religious liberty, Cruz then asked about his views on the importance of religious liberty and how the Constitution protects it.
“To begin with,” Kavanaugh answered, “it’s important in the original Constitution; even before the Bill of Rights, the framers made clear in article six, ‘no religious test shall ever be required as a qualification to any office or public trust under the United States’. So that was very important, in the original Constitution, that the framers thought it very important that there not be a test to become a legislator, to become an executive brand official, to become a judge … the framers understood the importance of protecting conscience, it’s akin to the free speech protection in many ways … If you have religious beliefs, religious people, religious speech, you have just as much right to be in the public square, and to participate in the public programs, as others do.”
“In other countries around the world,” he said, “you’re not free to take your religion into the public square.” He cited crosses being knocked off of churches in mainland China, and that “you can only practice in your own home, you can’t practice, you can’t bring your religious belief into the public square. And being able to participate in the public square is a part of the American tradition. I think as a religious person, religious speech, religious ideas, religious thoughts, that’s important.”
Kavanaugh noted that the Supreme Court precedent has recognized that “some religious traditions in governmental practices are rooted sufficiently in history and tradition to be upheld … so the religious tradition reflected in the First Amendment is a foundational part of American liberty. And it’s important for us as judges to recognize that and not – and recognize too that, as with speech, unpopular religions are protected.”
Cruz asked, of the free exercise and establishment clauses, “are they at cross purposes and intention are or they complimentary of each other?”
Kavanaugh answered that “I think in general it’s good to think of them as both supporting the concept of freedom of religion … to begin with you’re equally American no matter what religion you are, if you’re no religion at all. That it’s also important, the Supreme Court has said, that religious people be allowed to speak and participate in the public square without having to sacrifice their religion in speaking in the public square, for example, or practicing their religion in the public square. At the same time, I think both clauses protect the idea, or protect against, coercing people into practicing a religion when they might be of a different religion or might be of no religion at all. So the coercion idea, I think, comes out of both clauses as well … I think it’s good to think of the two clauses working together for the concept of freedom of religion in the United States, which I think is foundational of the Constitution.”
[…]
Hear Ye! Hear Ye!
A ‘Captain Obvious’ award for the Archbishop!!
Cardinal Gregory should spend more time increasing enrollment in his Church instead of expecting a man-made government to define what is right and wrong. God created His Church to define morality and He gave us the Word of God to change people’s hearts. We are not one with a man-made government—we stand alone.
Yes, I agree with you completely; but it becomes complicated and messy when we engage in the very secular and amoral (at best) political process, and hope to effect moral change. Lines become blurred as democracy expects, even demands compromises. The separation of Church and State has never been easy whenever the Church has been able to have a voice. Things are much clearer and, paradoxically easier during times of persecution.
On the most sacred day of Christians, Easter Day, after having declared Easter Day TRANSGENDER VISIBILITY DAY, On Sunday afternoon, Biden’s X account tweeted: “Today, on Transgender Day of Visibility, I have a simple message to all trans Americans: I see you. You are made in the image of God.” By contrast, DT is asking Americans to buy and read The Bible, The Constitution, The Bill of Rights… in the God Bless America Bible. He does not get a penny from the bying of this Bible. God bless DT for promoting such good things. Let God judge the other guy…
God will judge both on the same scale and I fear will find both severely lacking, and we can only hope for equal mercy.
Even in a liberal news source that I would not classify as “Catholic friendly,” they have noted that 80 priests have been killed in Ukraine, by Putin’s bombs or soldiers. 80 priests seems a bit disproportionate, as if there may be some targeted killings going on. If remotely true (80 priests killed, targeted or not) why is the church not making more noise about this? And if it’s “American Christian Culture” — why are Putin’s DT Stooges in congress withholding aid to Ukraine — with “Christian DT’s” encouragement. DT doesn’t think Catholics are Christian, or what?
Cardinal Gregory is a master politician. He appears to be trying to “manage” Biden, without confrontation, so now what? Refusal of Communion? Excommunication? Or perhaps sternly worded missives that really do not lead to anything?
Cardinal Gregory will admonish Biden, without any real disciplinary action. He did not get that red hat for nothing.
Is Cardinal Gregory a Cafeteria Cardinal?
My understanding is that the Episcopalian church has pretty much fallen off the cliff. Shoddy reasoning, on display here in the words of Episcopalian bishop Mariann Budde, may have something to do with that.
That’s mostly true Cleo.
The mainline US Episcopal denomination’s following a similar path to extinction as the CE. There are individual exceptions & more orthodox Anglican alternatives but as a whole it’s a bleak picture.
We had a sad situation with an historic Episcopal church. The congregation was mostly traditionally minded & after things like women clergy & SS “marriage” were okayed by their bishops they voted to align under an African Anglican diocese instead. Following that, all you know what broke out. After a lengthy legal battle the beautiful, historic church building was awarded back to the US diocese & the orthodox congregation moved out to an obscure building elsewhere.
The historic church is fairly empty on Sundays & will likely continue to see a shrinking & ageing congregation, while those old fashioned Episcopalians who were forced out are having families & attracting new members. Maybe one day they’ll return home to their old church. Who knows?
“Gregory said he would not be at all surprised to learn that Pope Francis has engaged Biden on the President’s embrace of pro-abortion ideology”.
I would – I would be VERY surprised.
I am bowled over by the depth of Wilton Gregory! He noticed this subtle aspect of the President’s approach to Catholicism? Wow! Let’s be honest: Wilton is a “cafeteria cleric” — he knows what he should be doing as Archbishop of Washington with the myriad of “Catholics” in his diocese who promote what Vatican II called an “unspeakable crime” but he won’t. He knows what he ought to do with regard to admission to the Eucharist of these “Catholics” — but he won’t. So, I guess if he’s going to lecture on cafeteria Catholicism (which, by the way, I didn’t know was out of style as a term), takes one to know one.
Maybe Wilton Gregory could tell us what Donald Wuerl has been up to these days.
I confess to a certain astonishment upon the conclusion of the interview with Cardinal Gregory. My own premonitions of Gregory had caused me to anticipate a rather more liberal position. I had entertained an anxious apprehension that His Eminence might, through a misplaced sympathy with certain contemporary currents of thought, be disinclined to offer a forthright critique of the current administration.
Thankfully, these anxieties proved unfounded. The Cardinal’s pronouncements were, I daresay, precisely what one would expect from a man of his stature, utterances seasoned with wisdom and a commendable frankness.
Now, with respect to Episcopalian Budde, her pronouncements, alas, were entirely predictable. They echoed the tenets of a theological system demonstrably at odds with the core tenets of the Christian faith. A system that diminishes the centrality and need of Christ’s sacrifice, a sacrifice freely offered for the salvation of mankind. The modern theology of “I’m okay and you’re okay.”
Not good! Something more sinister is going on here. The leftist, more accurately neo Marxist, in control are going all out to deemphasize or eliminate the American Christian culture. The Cardinal like so many Catholic hierarchy are either afraid to push back i.e. spineless or unfortunately tacitly agree. As said somewhere else “God will not be mocked”. I fear the consequences.
Curious. What is (or was) the “American Christian Culture” that the left is out to destroy? In 250 words or less?
At times a faithful sentence or two from a considered progressive prelate seems enlightening, even hopeful. Cafeteria Catholics however are the apparent majority of church going Catholics. Does calling Biden’s Catholicism the cafeteria kind have good effect besides feeling enlightened? Like Confucianism black can be white and white black.
Our day is distant, far more in doctrinal observance than chronology from 390 AD when Saint Ambrose ordered emperor Theodosius to publicly repent for excessive cruelty. And he repented! What would we expect if Cardinal Archbishop Gregory were to impose such a sanction on Biden? Perhaps ‘malarkey’ from the president. Although I wager a lot of those cafeteria Catholics would at least spill their caffe lattes. Maybe even driven to reflection.
Fr. Morello;
Your question “does calling Biden’s Catholicism ‘the cafeteria kind’ have good effects besides feeling enlightened?”
To the actual question I would have to say “not really” but I would point out that it IS important to make that point frequently enough so that people – Catholic and non-Catholic, practicing Catholic and non-practicing Catholic – don’t forget it. In addition to that – the fact that Cardinal Gregory is the one who made that point makes it that much more notable.
Archbishop Gregory correctly identified Joe Biden as a “cafeteria Catholic.” However there is a distinction to be made between the mostly anonymous Cafeteria Crowd who may or may not deeply ponder and respond to Church teachings and the highly ranked public officials like President Biden who holds his rosary in his hand while promising to reinstate Roe v. Wade. The President and his kind were blessed with the same free will as the rest of us made in the image and likeness of God.
They may use their free will to choose what is right or wrong. Biden has very publicly and strongly supported abortion. He is free (not right) to do so. However, as a so-called practicing Catholic, he is not in communion with his Church. He knows it; the bishops know it. He does not possess the formation of conscience to recuse himself from Holy Communion and the bishops do not want to suggest he should. We are in a very public stalemate. Why should any Cafeteria Catholic choose the harder road?
Why? Because if you self-excommunicate, you drink damnation! A very good reason, I would think. However we must allow the possibility of the sacrament of confession and the 70 times 70. We can never make a sure judgment of another.
It used to be called apostacy, but because certain people are more high profile than others it is excusable.
Pres. Biden offers a good life lesson and WARNING for those of us who profess and attempt to live our lives under the authority of the Catholic Church (The Church that Jesus founded!). POWER can corrupt! This man, a baptized, practicing Catholic, used to vote pro-life, and this would have “OK” for all Democrats in a not-so-long-ago past. But the opportunity to be Vice-President and eventually President has caused him to turn his back on Holy Mother Church, the Bible, the Blessed Mother and all the saints, and the Triune God–and throw his support to the cause of abortion–the killing of innocent human beings! (In addition, he openly encourages sinful sexual practices by honoring the LGBTQ+ movement, although the actual LGBTQ+ Day has always been March 31, so the President did not purposely try to turn Easter into a perversity.) I do hope Catholics will recognize that the Democratic Party that was once supportive of the Catholic Church and Christianity in general is no longer safe to support. No doubt, in some towns and cities in the U.S., there are Democratic politicians who are still pro-life and pro-Christianity, but eventually they will be forced by their Party to change their attitude or get out of the Democratic Party. Catholics need to abandon this Party no matter how grateful we are for its support of the “Little Man” in the past. I can’t say that the Republican Party is much better, but at least many Republican politicians are fighting against abortion and supporting pro-life activities. God help our nation to repent of our national sins and God help every Catholic to remain true to Holy Mother Church and Jesus Christ, our Risen Lord and Savior!
Having read Cardinal Gregory’s comments, I find myself thinking of Rip Van Winkle, waking up after a 20 yr. snooze. With few exceptions the American bishops have been asleep while pro abortion “Catholic” politicians become bolder and bolder in their support of radical abortion “rights”. And, of course, these politicians trumpet their Catholic identities, jingle rosary beads and show up on Communion lines where they are generally cordially received. And when they die, a lavish Catholic funeral awaits them (Ted Kennedy, Mario Cuomo). And the snoozing goes on.
Cardinal Gregory continues to offer Communion to these politicians in Washington. They are more than cafetria Catholics. They firmly, publicly and consistently reject basic Catholic teaching and energetically promote policies directly contrary to that teaching.
Does the Cardinal or Pope Francis really believe that the solution is an encounter with Biden & Co.? to walk them to help them discern evil? These politicians know very well what they are doing to get votes, to please the hard left, to get money for their campaigns and media approval. They are driven by money, power, ambition. Will our Bishops ever wake up and proclaim to them the teaching of Christ, “Sin No More’?
If Cdl Abp Gregory wished to affirm the Way, the Truth and the Life he would have simply said you cannot be a Catholic and proselytize for murder in the womb. Otherwise he speaks something other than Truth.
Gregory doesn’t get any credit for his milktoast millimouth “cafeteria catholic” line – Call Biden out…you and the rest of the spineless bishops say nothing.
The uncorrected scandal which Biden is giving continues. A ‘cafeteria Catholic’ is no Catholic at all. Gregory participates in Biden’s crime and deviance on every day that goes by and he does not publicly acknowledge Biden’s de-facto excommunication. Isn’t it obvious that Gregory has become complicit in desecration of the Eucharist by not exercising his authority, as Biden, in his old age, draws nearer to his personal judgment. Publicly excommunicate the man, for Heaven’s sake! He may die soon and take others with him! Justice demands it for his sake and the good of others.
Not content with declaring the most important day for Christians as “transgender visibility day” and adding that “transgenders are made in the image of God,” the figure head of the present regime has banned Easter eggs with any religious symbolism from the White House’s Easter eggs event. The regime’s effort to erase Christianity is relentless. By contrast, Dt is urging us to read the Bible, the Constitution, the Bill of Rights, the Declaration of Independence, The Pledge of Allegiance, in a Bible the sales of which will not go to his pocket but to the creator of the hit song “God Bless the USA “and the makers of this Bible (“The God Bless the USA Bible,” which includes the Constitution, the Bill of Rights, etc.). With all his faults, DT is on our side. The other one is against. One is promoting Christianity and patriotism; the other is trying to destroy both.
The figure head of the present regime has banned Easter eggs with any religious symbolism from the White House’s Easter eggs event. The regime’s effort to erase Christianity is relentless. He had earlier declared the most important day for Christians as “transgender visibility day” and added that “transgenders are made in the image of God,” By contrast, Dt is urging us to read the Bible, the Constitution, the Bill of Rights, the Declaration of Independence, The Pledge of Allegiance, in a Bible the sales of which will not go to his pocket but to the creator of the hit song “God Bless the USA “and the makers of this Bible (“The God Bless the USA Bible,” which includes the Constitution, the Bill of Rights, etc.). With all his faults, DT is on our side. The other one is against. One is promoting Christianity and patriotism; the other is trying to destroy both.
Although I think greater public condemnation of Biden’s anti Catholic actions are warranted by Cardinal Gregory, publicly calling Biden a “cafeteria Catholic” is a good start, something no one wants to be called. I think Gregory has met with Biden several times, and has been told not to approach the altar for communion. The incident in 2019 when Biden was denied the Eucharist in South Carolina I think is not a one-off anomaly. And since then the liberal press has reported “Biden goes to Mass”, but might be giving him air over and he’s not receiving. My guess is there are many priests in DC that have told the Cardinal they are not comfortable giving Biden Communion. Also, after Biden was denied in South Carolina, shouldn’t that have been a lightning strike wake-up call to any Catholic to repent? Since then however Biden has only tripled. Down on his pro abortion, gay trans rhetoric. I do believe however he’s not receiving at Mass.
Why is the head of this demonic regime not being excommunicated?
Another “Prefect” example of why the state of the State is in that state!