Friday, August 25, 2006

Letter from a Catholic Theologian to All 270 United States Catholic Bishops

by Professor Daniel C. Maguire of Marquette University, with a response from our Archbishop, Timothy Dolan, and a reply from Maquire.

Also by Maguire, Fetus Alert.

And don't worry about Roe v. Wade which allowed women to choose abortions and control their lives. Even without being repealed it is being gutted. Our witty Supreme Court Chief Justice William Rehnquist wrote in Casey (1992): "Roe continues to exist, but only in the way a storefront on a western movie set exists: a mere facade to give the illusion of reality."

One need only examine the context to see that Maquire's assertion is misleading. Section II of Chief Justice Rehnquist's dissenting opinion begins
The joint opinion of Justices O'Connor, Kennedy, and Souter cannot bring itself to say that Roe was correct as an original matter, but the authors are of the view that the immediate question is not the soundness of Roe's resolution of the issue, but the precedential force that must be accorded to its holding. ...

The facade is not that Roe is represented as in force even though it isn't; the facade is that it remains in force even though the Court has come to agree that it was incorrectly decided.

(via The Triumvirate via Open Book)

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