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Supreme Court rejects case on abortion by dismemberment

June 28, 2019 CNA Daily News 0

Washington D.C., Jun 28, 2019 / 02:45 pm (CNA).- The Supreme Court announced on Friday that it will not hear a case regarding an Alabama law banning abortions by dismemberment, allowing a lower court ruling against the legislation to stand.  

On June 28, the court issued a series of decisions announcing which cases it will hear in the next judicial year. 

The rejected case, Harris v. West Alabama Women’s Center, concerned the Unborn Child Protection From Dismemberment Abortion Act, a 2016 law that banned the abortion procedure “dilation and evacuation.” The procedure involves the dismemberment of the unborn child while it is still alive, and is only used for abortions in the second-trimester of pregnancy or later. 

This case did not involve the law passed in Alabama earlier this year, which banned abortion altogether in the state of Alabama, except when needed to preserve the health of the mother. 

The 2016 law was struck down by a lower court before it could ever go into effect, finding that the legislation placed an “undue burden” on a woman’s right to access abortion. The Supreme Court’s decision to not grant certiorari means that the lower court decision will stand. 

Justice Clarence Thomas, writing a concurring opinion to not hear the case, said that the Supreme Court did need to consider an abortion case and revisit its existing precedents on the “undue burden” test, which he described as “out of control,” but that the Alabama case did not present the right fact pattern for doing so. 

“The notion that anything in the Constitution prevents States from passing laws prohibiting the dismembering of a living child is implausible,” wrote Thomas. 

“But under the ‘undue burden’ standard adopted by this Court, a restriction on abortion—even one limited to prohibiting gruesome methods—is unconstitutional if ‘the ‘purpose or effect’ of the provision ‘is to place a substantial obstacle in the path of a woman seeking an abortion before the fetus attains viability.’”

While agreeing that the case was “too risky” for the Court to consider, he wrote that “this case serves as a stark reminder that our abortion jurisprudence has spiraled out of control.” 

“None of these decisions is supported by the text of the Constitution. Although this case does not present the opportunity to address our demonstrably erroneous ‘undue burden’ standard, we cannot continue blinking the reality of what this court has wrought.”

The national pro-life group Susan B. Anthony List released a statment condemning the court’s refusal to hear the case.

“Once again the Supreme Court has punted on abortion, this time refusing to take up Alabama’s humane law protecting unborn children from gruesome dismemberment abortions in which a child is torn apart, piece by piece,” the statement said. 

“Unborn children and mothers will continue to be victimized by the abortion industry while the Court does nothing.”

Among those cases accepted by the court were DHS v. Regents of the University of California, Trump v. National Association for the Advancement of Colored People, and McAlleenan v. Vidal, which were consolidated into one case. 

All three cases concern President Trump’s plan to end the Deferred Action for Childhood Arrivals program. 

In 2017, Trump announced that the program would be ending, but federal courts have repeatedly blocked his decision and the program has remained.

DACA was created by an executive order issued by then-President Barack Obama. It provides work permits and protection from deportation for some people who were brought to the United States illegally as children. 

Trump has previously urged Congress agree a bipartisan compromise bill that would codify parts of DACA into law and strengthen border protections – including providing funding for a border wall, but no agreement has been reached. 

The Supreme Court’s next judicial session begins in October.

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News Briefs

New Ulm diocese reaches $34m settlement with victims of clergy sex abuse

June 27, 2019 CNA Daily News 0

New Ulm, Minn., Jun 27, 2019 / 02:01 pm (CNA).- The Diocese of New Ulm announced Wednesday it has reached a $34 million settlement with victims of clerical sexual abuse.

“The settlement represents our commitment to finding a fair resolution for victims and survivors of sexual abuse while continuing our ministry for those we serve throughout south and west central Minnesota,” Bishop John LeVoir stated June 26.

According to the AP, there are 93 victims party to the settlement.

Jeff Anderson, the attroney representing many of the survivors, said that $8 million of the settlement comes from the diocese and its parishes, while the remaining $26 million is from insurance coverage.

The New Ulm diocese had filed for bankruptcy in March 2017 in the face of 101 lawsuits regarding sex abuse claims dating back to the 1950s.

Most of the lawsuits concern incidents that allegedly took place from the 1950s through the 1970s. The suits were filed under a 2013 Minnesota law that temporarily lifted the statute of limitations for cases of sexual abuse of children.

Approval of the settlement will resolve the diocese’s bankruptcy.

The diocese will file the reorganization plan to the bankruptcy court, which will be reviewed by a judge. The settlement plan must then be voted on for approval by the claimants, and a trust from which payments will be made will be established. The diocese said this should be completed by the end of the year.

Bishop LeVoir said the diocese “remains committed to preventing sexual abuse, holding accountable those clergy who are credibly accused of abuse and helping victims and survivors find healing.”

“For more than 15 years, all priests and deacons, diocesan staff, parish and Catholic school employees, as well as volunteers having regular or unsupervised interaction with minors have been required to meet safe environment requirements,” which include adherence to a code of conduct, undergoing a background check, and participation in sexual abuse awareness and prevention training, he said.

The bishop added that “the diocese has committed to disclosing the names of all clergy with credible claims of abuse made against them” and that it “follows strict standards for determining suitability of clergy serving in the diocese, starting during the seminary formation process and including verifying the credentials of priests visiting from other dioceses or from religious orders.”

He said the diocese “promptly contacts law enforcement to report any allegations it receives regarding sexual misconduct by clergy or others involved in ministry within the geographic area the diocese serves.”

Bishop LeVoir also invited victims to contact the diocese for counseling or other assistance in healing, and invited them to meet with him as part of their healing process if they wish.

“I again extend my deepest apologies on behalf of the Diocese of New Ulm to victims and survivors of clergy sexual abuse,” he concluded. “Victims and survivors have courageously worked to raise awareness about the tragedy of childhood sexual abuse and how we must address it. I hope and pray that today’s settlement helps victims and survivors on their healing journey.”

Several more Minnesota dioceses filed bankruptcy over sex abuse claims, including Saint Paul and Minneapolis, Duluth, and Winona-Rochester. The Diocese of Saint Cloud has said it will do so.

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