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Supreme Court Weighs In on Texas Abortion Law

Currents News Staff and Carol Zimmermann

WASHINGTON (CNS) — During oral arguments just shy of three hours Nov. 1, the Supreme Court closely examined — and seemed to have concerns about — how the new abortion law in Texas was framed and is enforced.

The justices were specifically considering if the Justice Department and if abortion providers in Texas can challenge the Texas abortion law in federal court. The law, in effect since Sept. 1, bans most abortions after six weeks of pregnancy and allows individuals to sue anyone involved in helping a woman obtain an abortion.

Pro-life advocates pray near the U.S. Supreme Court in Washington Nov. 1, 2021. (Photos: CNS/Tyler Orsburn)

Among the justices who expressed some unease with the law’s framing were Justices Brett Kavanaugh and Amy Coney Barrett, which could lead to a narrow ruling to enable the lawsuits against the abortion law to proceed.

Such a ruling would not address the broad scope of the law’s constitutionality but would return the cases to lower courts.

Many of the justices’ comments during two back-to-back cases acknowledged this is a new challenge to face court but they drew on one case in particular for some guidance. Many brought up Ex Parte Young, a 1908 Supreme Court case that said state officials could be sued in federal court to prevent them from trying to enforce unconstitutional laws.

Kavanaugh said Texas had exploited a “loophole” in the abortion law preventing it from being challenged in federal court. And Barrett pointed out that the way the law’s enforcement mechanism was designed — preventing defendants from arguing about the undue burden placed on them — seemed in conflict with the court’s previous abortion rulings.

When Kavanaugh asked if states could enact similar laws limiting other constitutional rights, like gun rights under the Second Amendment and free speech rights under the First Amendment, Judd Stone II, solicitor general of Texas, said such laws could not be challenged in federal court either.

Abortion demonstrators are seen near the U.S. Supreme Court in Washington Nov. 1, 2021.

Stone emphasized that neither the federal government nor the abortion providers had legal grounds to sue the state in federal court.

In the first set of arguments, Marc Hearron, a lawyer for the Center for Reproductive Rights, argued that the Supreme Court should issue an injunction against Texas state court clerks, preventing them from accepting lawsuits against abortion providers and those who assist women seeking abortions.

He also said the way the state’s law is enforced will have a “chilling effect” by encouraging repetitive lawsuits that would put defendants at risk of $10,000 judgments plus attorney fees.

In the second set of arguments, Elizabeth Prelogar, solicitor general of the United States, emphasized that Texas should not be allowed to evade previous Supreme Court rulings on abortion through its law that evades judicial review.

“I recognize that this is a novel case,” she said, adding: “That’s because it’s a novel law.”

The Nov. 1 argument was the third time the court considered the Texas abortion law agreeing to emergency requests filed by the Department of Justice and the abortion providers’ challenge to the state’s abortion law.

On Sept. 1, the court ruled against blocking the Texas abortion law and on Oct. 22 it said the law would remain in effect before it would get its expedited review Nov. 1.

Just prior to November’s oral arguments, John Seago, legislative director of Texas Right to Life said his organization was “optimistic” about the outcome of the case.

“Not only have the justices continued to show judicial restraint by allowing the law to continue to save lives, but they are committed to taking these procedural and standing questions seriously, unlike the federal district court. We are hopeful the justices will clarify that these current legal attacks on this life-saving law are invalid,” he said in a statement.

On Dec. 1, the court will take up a broader abortion case, examining Mississippi’s  ban on abortion after 15 weeks of pregnancy.

Pro-life advocates pray near the U.S. Supreme Court in Washington Nov. 1, 2021.

The Texas abortion law, signed by Republican Gov. Greg Abbott in May, became effective at midnight central time Sept. 1. It is one of the strictest abortion measures in the country, banning abortions in the state after a fetal heartbeat is detectable, which the law says is six weeks. The law has an exception for medical emergencies but not for rape or incest.

Currently, at least 12 other states have legislation banning abortions early in pregnancy, but these bans have been blocked by courts.

When the Supreme Court first ruled against blocking the Texas abortion law, the Texas Catholic Conference, the public policy arm of the state’s Catholic bishops, said this action marked the first time since Roe v. Wade that the nation’s high court “has allowed a pro-life law to remain while litigation proceeds in lower courts.”

Voters Consider Crime, COVID-19 and Crippling Traffic in Mayoral Race at Election Day Polls

By Jessica Easthope

The fate of New York City is in the hands of these voters – and it’s a responsibility they don’t take lightly.

“I grew up my life in this parish and it’s so bad, it’s important to get out and vote,” said Patricia McLaughlin.

“I’m just trying to find a mayor that’s going to care about New York, not themselves,” Sabine Fuentes said.

The race for the city’s new mayor has been hotly contested as voters decide between two very different frontrunners: Republican and Guardian Angels founder, Curtis Sliwa and Democrat former NYPD officer and Brooklyn Borough President, Eric Adams. The men hold opposing views on almost every issue. Both, however, have vowed to crack down on crime.

There has been a nearly 21 percent increase in gun arrests in 2021 and in September overall crime was up 2.6 percent compared to 2020. Felony assaults were up 18.5 percent.

For those who say crime is their number-one issue, Sliwa has their vote.

“I thought Adams would be a continuation of the de Blasio administration,” said Edward McGarrity.

“He knows what the city has gone through, he was around at the time when it was very bad,” said Patricia McLaughlin.

“If I’m going to vote for someone who’s really strong on it, it’s Sliwa,” Richard Nieves said.

And what’s also indirectly affected by crime – New York City traffic. More than 70 billion dollars has been allocated for infrastructure repairs but delays have commuters bumper-to-bumper.

“Where did all that money go for infrastructure? Now with the BQE, it’s down to two lanes. It takes you three hours to get home,” McLaughlin said.

And some say who would want to feel unsafe taking mass transit?

“We’ve liked stepped back in time 40 years ago,” said McGarrity referring to crime numbers from the 1980s.

“People are scared to take the subway, people are scared of everything, you need to take care of the homeless problem this is New York City,” said Fuentes.

But voters said during campaign season they’ve been paying close attention to the energy the candidates have and what they’re willing to fight for.

“I like the passion and you can tell Sliwa loves New York City so much,” Nieves said.

But those voting for Eric Adams says it’s his calm and reserve that won them over.

“It just seems hectic right now and we just need calm and someone who can bring assurance to the citizens,” said Lupita DeLeon.

And others just don’t know yet.

“Only time will tell,” said Fuentes. “People thought de Blasio was going to be a great mayor too.”

For voters, it might come down to pure attitude and how each candidate approached their campaign and it doesn’t get any more New York than that. Polls across the city close Tuesday at 9 p.m.

Currents News Update for Tuesday, 11/2/21

Today is Election Day in New York City and across the country.

The Supreme Court is now deciding what action, if any, it will take in response to Texas’ six-week “heartbeat” abortion law.

This All Souls Day, Pope Francis walked among the tombs of French soldiers killed during World War II.

On All Souls’ Feast, Pope Francis Decries War and Weapons of Mass Destruction During Visit to WWII Military Cemetery

Currents News Staff

Pope Francis walked alone among the tombs of French soldiers killed during World War II, leaving white roses and stopping for moments of silent prayer.

Nearly 2,000 soldiers, not all of them Catholic, are buried in this little known cemetery in Rome. Some were Moroccan soldiers who joined the French army. They were known as “goumiers.” It was a ceremony marked by a sense of deep contemplation.

Pope Francis noted that some of the tombstones lacked names and had only the words, “died for france.”

“Not even the name is there,” Pope Francis said. “In God’s heart are all of our names. But this is the tragedy of war.”

The “goumiers” were known for being especially violent, but Pope Francis said that we should look, not at the soldiers, but at those who promote war.

“Today’s homily should be about looking at the tombs “died for France,” Pope Francis said.”Some have a name. A few do not. But these tombs are a message for peace. Stop, brothers and sisters. Stop. Stop, arms manufacturers. Stop.”

Pope Francis on various occasions has suggested contemplating the tombs of soldiers killed during the world wars.

In 2014, he visited Redipuglia, a huge cemetery where more than 100,000 Italian soldiers killed during World War I are buried. In 2017, he visited a cemetery for American troops killed in Italy in 1943.

Currents News Update for Monday, 11/1/21

A silver celebration here in the Diocese of Brooklyn — His excellency Nicholas DiMarzio marked 25 years as a bishop.

Today is All Saints Day and Pope Francis talked about it during this morning’s Angelus.

With Thanksgiving just weeks away, some Catholic students in Queens gave thanks to their priests.

Bishop DiMarzio Celebrates 25th Anniversary of His Episcopacy

By Jessica Easthope and Paula Katinas 

Frank DiMarzio always knew his big brother Nicholas was going to become a priest, even when they were kids growing up in New Jersey.

“At 10 years old, he had built an altar under the pantry in our kitchen,” Frank recalled.

Nicholas DiMarzio did indeed become a priest. He was ordained on May 30, 1970, and elevated to the rank of auxiliary bishop in the Archdiocese of Newark by Pope John Paul II on Oct. 31, 1996. He was installed as Bishop of Camden on July 22, 1999, and as Bishop of Brooklyn on Oct. 3, 2003.

Eighteen years later, on Saturday, Oct. 30, 2021, Frank DiMarzio was one of the hundreds of people who came to the Co-Cathedral of St. Joseph, Prospect Heights, to see Bishop DiMarzio celebrate Mass to mark the 25th anniversary of his episcopacy.

The Mass was attended by Cardinal Timothy Dolan, several bishops, priests, laypersons from parishes in the Diocese of Brooklyn, and family and friends.

One of the highlights of the Mass took place when the grandnieces and grandnephews presented the gifts to Bishop DiMarzio as the Liturgy of the Eucharist began.

The Mass gave Bishop DiMarzio a chance to reflect on his quarter-century as a bishop.

“I think I learned a lot more in 25 years. And what I thought it would be and what it is, is something else,” he said. “But it’s even greater than what you expect.”

In his homily, he talked about the role of a bishop, likening it to a juggler, referring to how he worked to encourage priestly vocations, support Catholic education, and make immigrants feel welcome.

“A bishop must be the center of unity in the diocese,” he said.

Auxiliary Bishop Raymond Chappetto announced that a replica of the sculpture “Angels Unawares,” which depicts migrants fleeing persecution, as well as images of Jesus, Mary, and Joseph, would be installed in front of the Co-Cathedral in tribute to Bishop DiMarzio’s lifelong work on behalf of immigrants — and in recognition of the diocese’s reputation as the “Diocese of Immigrants.”

The original sculpture was displayed in St. Peter’s Square in 2019 in honor of the 105th World Day of Migrants and Refugees. In 2020, the Diocese of Brooklyn welcomed a replica displayed at Grand Army Plaza during the Christmas season.

Cardinal Dolan called Bishop DiMarzio an inspiration to priests, saying, “I always tell our future priests, ‘Don’t be in your room in front of the computer. Go out on the streets. That’s where your people are.’ And that’s where he was. You might not see him in the library, but you’ll see him at a parish festival eating a hot dog.”

Frank DiMarzio, who is 16 months younger than his brother, remembered their childhood with fondness.

“We would get into big battles like little kids do. But he was always there for me,” he told The Tablet before Mass.

Bishop DiMarzio’s common touch appeals to everyday Catholics, said Shaniqua Wilson, a parishioner of St. Bonaventure-St. Benedict the Moor Parish, Jamaica.

“He will be retiring,” she said, “but he’ll still be here in residence with us, and we wanted to let them know that we care and that we love him.”

Bishop DiMarzio will retire on Nov. 30 when Bishop Robert Brennan of Columbus, Ohio, is installed as the Eighth Bishop of Brooklyn.

To watch Bishop DiMarzio’s full homily: click HERE