Catholic Church Says Federal Court Has No Jurisdiction Over It, Because Religious Freedom
It is a case that has never been seen in this country before – and a harbinger of the religious right’s attacks on America yet to come. If you thought Hobby Lobby was extreme, you haven’t seen anything yet.
The St. Vincent de Paul School in Fort Wayne, Indiana is a small Catholic school of about 800 students. In 2012, Emily Herx was an English teacher there, and had been trying for a year to conceive. Like many women, she decided to try in-vitro fertilization, which required her to request some time off. At first, as Mother Jones reports, she was met with what she thought was support from her supervisor. “You are in my prayers.” Not even two weeks later, she was met with a pink slip.
Herx was labeled by one monsignor a “grave, immoral sinner,” merely for trying to have a family.
And so she’s suing the St. Vincent de Paul School and the Fort Wayne-South Bend Diocese for firing her.
Of course, the school and diocese are arguing “freedom of religion” allows them to hire and fire at will.
But they are also using an argument that has never been tried before, at least in America: Freedom of religion and the First Amendment mean they don’t even have to show up in court. In short, they are arguing the State has no jurisdiction over them, because of the First Amendment.
“[If] the diocese is required to go through a trial,” attorneys for the diocese and school argued, it would “irrevocably” deny Fort Wayne-South Bend the benefits of religious protection. Herx’s attorneys are fighting the appeal.
If they are successful – and yes, this could conceivably go to the Supreme Court – it would mean an entirely separate State exists, in essence, for religious institutions in America. Not only would they be tax-exempt, they would be law-exempt.
“I’ve never seen this before, and I couldn’t find any other cases like it,” Brian Hauss, a staff attorney with the American Civil Liberties Union Center for Liberty told Mother Jones.
“What the diocese is saying is, ‘We can fire anybody, and we have absolute immunity from even going to trial, as long as we think they’re violating our religion. And to have civil authorities even look into what we’re doing is a violation.’…It’s astonishing,” Hauss adds.
Louise Melling, a deputy legal director at the ACLU, was more critical: “It’s an unusual and extreme argument, to be saying the court doesn’t even have the legal authority to ask whether this was, in fact, sex discrimination. I can’t imagine they would prevail on that. It’s too extreme.”
Than again, Melling says she never would have predicted the recent wave of cases in which religious institutions asserted that they have an expansive right to discriminate. One of those cases was Burwell v. Hobby Lobby—the Supreme Court case that struck down the contraception mandate in the Affordable Care Act. The ACLU has also seen a climb in the number of Christian schools arguing that Title VII allows them to fire women who undergo IVF or become pregnant outside of marriage, or to fire employees who engage in same-sex relationships. “Hobby Lobby was just one case in this wave,” Melling says.
Conservatives, however, don’t see it as “extreme” at all.
Douglas Laycock, a professor at the University of Virginia Law School, says the diocese’s assertion is a “perfectly sensible argument.” Laycock, who has successfully argued numerous religious liberty cases before the Supreme Court, notes there is precedent for immunizing certain organizations from trial, although not necessarily under Title VII’s religious protections. “I think it’s going to be a hard sell,” he says. “But I don’t know that it’s ‘extreme.'”
Many Americans believe the Hobby Lobby case was extreme as well.Â
But as it turns out, Hobby Lobby was just the beginning.
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Image via Flickr
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President Donald Trump is promising mass pardons to White House staff, and has done so repeatedly, the Wall Street Journal reports.
“I’ll pardon everyone who has come within 200 feet of the Oval,” Trump said in a recent meeting, to laughs, the Journal reported, citing people familiar.
“That radius,” the Journal added, “appears to be expanding as the president repeats the line. Another person who met with Trump earlier this year said the president quipped about pardoning anyone who had come within 10 feet.”
Trump at one point said he would hold a news conference to announce the mass pardons.
“The president has repeatedly raised the specter of pardons with White House aides and other administration officials, particularly when staff have suggested they could face prosecution or congressional investigations over decisions, people familiar with the comments said,” the Journal reported.
The Journal did not state if the pardons would be blanket pardons, but reported that those familiar with his remarks “said they weren’t aware of specific pardons being offered to specific people for specific acts.”
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The report also noted that Trump has often seriously pursued actions he initially had joked about.
“It seems like he previewed many times his intent to use the pardon power to bail out those who carry out his agenda faithfully,” Liz Oyer, a former Trump Justice Department pardon attorney told the Journal. She also “said the offers could spur Cabinet officials and administration officials to behave more aggressively.”
While Trump did not pardon White House or other officials in conjunction with the events of January 6, 2021, on his first day back in office he did issue sweeping pardons to roughly 1,500 of those who were at the Capitol that day and later arrested.
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Image via Reuters
The White House is fighting back after a prominent House Democrat demanded that the Physician to the President test Donald Trump’s mental fitness, citing the president’s recent remarks.
“At a time when our country is at war—especially when the war was initiated by the President without congressional declaration or consent—the American people must be able to trust that the Commander-in-Chief has the mental capacity to discharge the essential duties of his office,” Judiciary Committee Ranking Member Jamie Raskin wrote to the President’s Physician, Captain Sean P. Barbabella, D.O., in a letter published by Punchbowl News.
“I therefore request that you conduct a comprehensive cognitive assessment of President Donald Trump, provide those results to Congress, and make yourself available to brief Congress on your findings.”
Congressman Raskin noted that experts “have repeatedly warned that the President has been exhibiting signs consistent with dementia and cognitive decline.”
“And, in recent days, the country has watched President Trump’s public statements and outbursts turn increasingly incoherent, volatile, profane, deranged, and threatening. His apparently deteriorating condition has caused tremendous alarm across the nation (and political spectrum) about the President’s cognitive function and continuing mental fitness for the office of President, and prompted concerns about the President’s well-being.”
Raskin noted that during the Biden presidency, Oversight Committee Chairman James Comer called President Biden’s mental acuity “one of the greatest scandals in our nation’s history,” and subpoenaed the White House Physician.
He also noted that during that time, Judiciary Committee Chairman Jim Jordan declared that a president who is not cognitively fit, “isn’t fit for office.”
Raskin offered some examples, including Trump’s recent message to Iran, which the Congressman described as combining “vulgarity and profanity, unprecedented threats of mass civilian destruction, and a sarcastic invocation of Islam on Easter morning—a bizarre display that shocked tens of millions of Americans and astonished observers across the political spectrum.”
Trump had written: “Tuesday will be Power Plant Day, and Bridge Day, all wrapped up in one, in Iran. There will be nothing like it!!! Open the F——’ Strait, you crazy b——, or you’ll be living in Hell – JUST WATCH! Praise be to Allah.”
The New York Times had described Trump’s remarks as a “blistering threat” that “would have stood out on any day, much less on what most Christians consider the holiest day of the year.”
Raskin is insisting that Dr. Barbabella conduct “a comprehensive neuropsychological assessment of the President, including a formal cognitive screening instrument, and publicly release the results.”
Also, it asks him to provide “a detailed report on the President’s current mental and physical health status, including any medications he is currently taking and their potential,” and make himself available for a briefing under oath.
The White House wasted no time in responding, telling Courthouse News’ Benjamin S. Weiss: “Lightweight Jamie Raskin is a stupid person’s idea of a smart person.”
“President Trump’s sharpness, unmatched energy, and historic accessibility stand in stark contrast to what we saw during the past four years when Democrats like Raskin intentionally covered up Joe Biden’s serious mental and physical decline from the American people,” the White House added.
Image via Reuters
Ahead of diplomatic talks starting Saturday, President Donald Trump once again threatened Iran with violence as critics charge his tenuous cease-fire has fallen apart.
“As Vice President JD Vance was heading to Pakistan on Friday for peace talks with Iran, a senior Iranian official laid out new conditions for the negotiations, adding even more uncertainty about the durability of the cease-fire and whether the two sides could reach a long-term deal,” The New York Times reports, noting that President Trump “warned Tehran not to overplay its hand.”
“The Iranians don’t seem to realize they have no cards, other than a short term extortion of the World by using International Waterways,” the President wrote on Truth Social.
“The only reason they are alive today is to negotiate!” he declared.
His remarks seemed to echo his highly-criticized comments earlier this week:
“A whole civilization will die tonight, never to be brought back again. I don’t want that to happen, but it probably will.”
On April 1, Trump wrote, “we are blasting Iran into oblivion or, as they say, back to the Stone Ages!!!”
Some ridiculed the president.
“Completely controlling the Strait of Hormuz and charging ships a $2 million toll to pass through seem to be a couple of pretty good cards,” noted attorney Adam Cohen.
Reason’s Matthew Petti added, “You might say that Iran’s only cards are…a strait flush.”
Image via Reuters
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