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Pro-life legal experts say they’re encouraged by justices’ questions in Dobbs abortion case

December 4, 2021 Catholic News Agency 0
Anna Del Duca (right) and her daughter, Frances, traveled from Pittsburgh to attend a pro-life rally outside the U.S. Supreme Court on Dec. 1, 2021, in conjunction with oral arguments for the Dobbs v. Jackson Women’s Health Organization abortion case. / Katie Yoder/CNA

Washington, D.C. Newsroom, Dec 4, 2021 / 04:00 am (CNA).

Three legal experts are expressing optimism for a pro-life victory in the U.S. Supreme Court case Dobbs v. Jackson Women’s Health Organization, a case that directly challenges Roe v. Wade, the 1973 ruling that legalized abortion nationside.

“I am hopeful that the court will take the opportunity in Dobbs to correct the grievous error of Roe v. Wade, and get the court out of our nation’s abortion politics,” Carrie Severino, president of the Judicial Crisis Network, told CNA after the Supreme Court heard arguments on Dec. 1.

The case involves a Mississippi law restricting most abortions after 15 weeks and centers on the question of “Whether all pre-viability prohibitions on elective abortions are unconstitutional,” or whether states can ban abortion before a fetus can survive outside the womb. 

In Roe v. Wade, the court ruled that states could not ban abortion before viability, which the court determined to be 24 to 28 weeks into pregnancy. In 1992, the court largely upheld Roe in Planned Parenthood v. Casey. If Roe is overturned — one possible outcome of the Dobbs case — abortion law would be left up to each individual state. 

“Today the court did a great job articulating its constitutional role: not to pick winners and losers on divisive issues like abortion, but to remain ‘scrupulously neutral,’ as Justice Kavanaugh said,” Severino tweeted just hours after the arguments. “The way it works out will look different in different states, but the Court should let the people decide.”

Although the arguments were held in December, the Supreme Court generally releases decisions in high-profile cases, such as this one, at the end of its term in June. 

Keara Brown, originally from Columbus, Ohio, came with her Washington, D.C. team from pro-life group Live Action. They attended the pro-life rally outside the U.S. Supreme Court on Dec. 1, 2021. Katie Yoder/CNA
Keara Brown, originally from Columbus, Ohio, came with her Washington, D.C. team from pro-life group Live Action. They attended the pro-life rally outside the U.S. Supreme Court on Dec. 1, 2021. Katie Yoder/CNA

“I am very encouraged by oral argument and the prospect of a favorable decision this summer, but we should keep up our prayers for the justices,” legal scholar Erika Bachiochi told CNA.

Bachiochi serves as a fellow at the Ethics and Public Policy Center and a senior fellow at the Abigail Adams Institute in Cambridge, Massachusetts, where she founded and directs the Wollstonecraft Project.

She identified one part of the oral arguments that she found surprising.

“Although I suppose shouldn’t have been, I was surprised by Justice Sotomayer’s naked pro-abortion rhetoric, especially with regard to her question concerning the ‘religious’ source of a 15-week abortion ban,” she said. “Does she really not know the science of fetal development?” 

During the oral argument, Justice Sonia Sotomayor questioned Scott G. Stewart, the solicitor general of Mississippi.

“How is your interest anything but a religious view?” she asked. “The issue of when life begins has been hotly debated by philosophers since the beginning of time. It’s still debated in religions.”

She added, “So, when you say this is the only right that takes away from the state the ability to protect a life, that’s a religious view, isn’t it — because it assumes that a fetus’ life at — when? You’re not drawing — you’re — when do you suggest we begin that life? Putting it aside from religion.”

In anticipation of the oral argument, the Charlotte Lozier Institute, the research arm of the Susan B. Anthony List, documented information about 15-week-old unborn babies, who can, among other things, already exhibit whether they prefer sucking their right or left thumb.

Earlier this year, Bachiochi, together with law professors Teresa Collett and Helen Alvaré, filed an amicus brief representing 240 women scholars and professionals and various pro-life organizations in Dobbs v. Jackson Women’s Health Organization.

In a piece published by the National Catholic Register, Alvaré, a professor of law at the Antonin Scalia Law School, George Mason University, found the oral argument “promising for the pro-life cause.”

But, she added, “it would be impossible to cram into the few minutes of an oral argument all the reason, facts, principles, analyses — and hopes — of 50 years of pro-life argumentation,” she wrote. “There was no time to call out abortion advocates’ lies, more lies, and made-up statistics. No time to show that women have not depended upon abortion for their dignity and freedom, but that the opposite is true. No time to detail the miraculous, the beautiful humanity of the unborn.” 

“Based strictly upon the oral arguments, it is clear that Justices Sotomayor, Breyer and Kagan will vote to uphold abortion rights,” she said. “It is more difficult to pronounce where the remaining Justices might fall, but their comments were largely promising.”

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News Briefs

Hong Kong bishop consecrated in Cathedral of Immaculate Conception

December 4, 2021 Catholic News Agency 0
Bishop Stephen Chow’s ordination as bishop in Hong Kong’s Cathedral of the Immaculate Conception Dec. 5, 2021 / Screenshot from livestream

Rome Newsroom, Dec 4, 2021 / 03:00 am (CNA).

Bishop Stephen Chow Sau-yan was ordained a bishop in Hong Kong’s Cathedral of the Immaculate Conception on Saturday.

“As a successor to the Apostles by the grace of Almighty God, I request your constant prayers that I may always be loyal to God’s will as a shepherd to the People of God in Hong Kong, and faithfully carry out my duties,” Chow said at the Mass on Dec. 4.

Cardinal John Tong Hon, the apostolic administrator of Hong Kong, presided over the Mass. Cardinal Joseph Zen and auxiliary Bishop Joseph Ha were co-celebrants.

“Through the Bishop’s wisdom and prudence, it is Christ himself who leads you in your earthly pilgrimage toward eternal happiness,” Tong said in his homily, according to the diocese of Hong Kong.

“He has been entrusted with the task of bearing witness to the truth of the Gospel, and with the ministry of the Spirit and of justice,” he said.

During the Mass, Chow laid face down on the floor in total surrender to God as the congregation recited the Litany of the Saints in Cantonese.

Bishop Chow said in a brief speech at the end of the Mass that he wanted to help “foster healing and connections” in the Catholic community in his “beloved hometown.”

“As the bishop, it is my desire to be a bridge between the government and the church in Hong Kong and between the Catholic Church, fellow Christian denominations, and other religions,” he said.

“It is through sincere connection with one another, including within our own diocese that emphatic understanding can be established, appreciation can be fostered, respect and trust can be deepened, and hopefully collaboration can become a living culture in our community.”

Chow also read aloud an excerpt from a letter that he recently received from Archbishop Terrence Prendergast, S.J. The archbishop emeritus of Ottawa-Cornwall wrote: “Given the history of the church in China and Hong Kong, Catholicism can no longer be seen as a foreign religion, but as integral to Hong Kong society.”

More than 6,000 people tuned in live to watch Chow’s consecration Mass on YouTube.

Among those watching the livestream were priests and seminarians in Italy from the Pontifical Institute of Foreign Missions (PIME), who have launched a prayer campaign for the newly consecrated bishop.

Father Gianni Criveller, who is helping to organize the campaign at the PIME missionary seminary in the Italian city of Monza, told UCA News that he knows that Bishop Chow will face “great difficulties and challenges.”

“The long-awaited consecration of the bishop calls for prayer and solidarity. Bishop Stephen has a very difficult task ahead of him humanly. In fact, it seems nearly impossible. However, we believe in the power of prayer and in the communion of those who entrust their lives to the Lord Jesus,” he said.

Pope Francis appointed Chow to be bishop of Hong Kong in May. Before his appointment, Hong Kong had been without a permanent bishop since January 2019.

Chow, 62, previously served as the provincial of the Jesuits’ Chinese Province. In that role, he led the Jesuit order in Taiwan, Hong Kong, Macau, and mainland China as the Vatican-China deal was first signed and during the crackdown on Hong Kong’s democracy protest movement.

Born in Hong Kong in 1959, Chow went on to study in the United States, earning a bachelor’s and master’s degree in psychology from the University of Minnesota, before entering the Society of Jesus in Dublin, Ireland at the age of 25.

During his Jesuit novitiate, he obtained a licentiate in philosophy in Ireland and then returned in 1988 to Hong Kong, where he was ordained to the priesthood on July 16, 1994.

Chow continued his studies at Loyola University in Chicago, where he earned a master’s degree in organizational development in 1995. He spent the next five years working as a campus minister, vocations director, and ethics teacher at Wah Yan College in Kowloon and Hong Kong.

In 2000, Chow began a doctoral program at Harvard University’s Graduate School of Education studying development and psychology. He graduated with a Doctorate in Education in 2006.

The following year, he made his final vows in the Jesuit order and worked as an assistant professor at the University of Hong Kong from 2008 to 2015 and Jesuit Formator from 2009 to 2017. He also served as the president of the Chinese Jesuit Province’s education commission since 2009 and the Hong Kong Diocesan Council for Education since 2017.

Chow began his role as provincial of the Chinese Province of the Society of Jesus on Jan. 1, 2018.

Hong Kong is a special administrative region of China. Hong Kongers have historically enjoyed freedom of worship and evangelization, while in mainland China, by contrast, there is a long history of persecution for Christians who run afoul of the government.

With the 2020 passage of new “national security laws,” the Chinese government seized more power to suppress pro-democracy protests in Hong Kong, which it sees as a direct challenge to its power.

Hong Kong’s National Security Law is broad in its definitions of terrorism, sedition, and foreign collusion. Under the law, a person who is convicted of the aforementioned crimes will receive a minimum of 10 years in prison, with the possibility of a life sentence.

On April 16, authorities in Hong Kong sentenced several Catholic pro-democracy figures, including lawyer Martin Lee and media tycoon Jimmy Lai, to prison sentences under the new security law.

“Hong Kong is going through perhaps the most dramatic phase of its history and has almost disappeared from the radar of international attention. However, those who love Hong Kong have not forgotten it,” Criveller said.

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