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    Oklahoma sued for funding US’s first ‘state-sponsored’ religious charter school

    The American Civil Liberties Union and a handful of civil organizations have filed a lawsuit to stop the Oklahoma state government from funding the US’s first religious public charter school, in turn setting up a fierce debate surrounding religious liberties.On Monday, the ACLU, Americans United for Separation of Church and State, and the Education Law Center and Freedom From Religion Foundation filed a lawsuit on behalf of nearly a dozen plaintiffs including parents, education activists and faith leaders seeking to stop Oklahoma from sponsoring and funding St Isidore of Seville Catholic Virtual School.The lawsuit, which names the Oklahoma Statewide Virtual Charter School Board, the state education department, the state superintendent of public instruction and St Isidore as defendants, argues that the SVCSB violated the state constitution, the Oklahoma Charter Schools Act, and the board’s own regulations when it voted 3-2 in June to approve St Isidore’s charter-school sponsorship application.Charter schools in the US are publicly funded but independently run. If opened next year, St Isidore will join two dozen charter schools in Oklahoma.According to the lawsuit, St Isidore refused to agree to comply with legal requirements applicable to state charter schools, including prohibitions against discrimination. It states that St Isidore will in fact “discriminate in admissions, discipline, and employment based on religion, sexual orientation, gender identity, and other protected characteristics”.The lawsuit argues that the online public school “asserts a right to discriminate against students on the basis of disability”, and that its application failed to comply with the board’s regulations that require the school to “demonstrate that it would provide adequate services to students with disabilities”.The suit also alleges that St Isidore will violate board regulations that require a charter school to be independent of its educational management organization, as the school will hire the department of Catholic education of the Archdiocese of Oklahoma City as its educational management organization. The school will also be overseen by the Diocese of Tulsa.Additionally, the lawsuit argues that in violation of the state constitution and the Charters Schools Act, St Isidore will “provide a religious education and indoctrinate its students in Catholic religious beliefs,” adding that its application states that the school “will be a place…of evangelization” that “participates in the evangelizing mission of the Church”.St Isidore, which plans to open in August 2024, describes itself as a school that puts “the church at the service of the community in the realm of education” and that it envisions a learning opportunity for “all students whose parents desire a quality Catholic education for their child”.Speaking to the Guardian, Erin Brewer, the vice-chair of the Oklahoma parent legislative action committee, a nonprofit statewide organization and the lawsuit’s lead plaintiff, condemned what she called “state-sponsored religion”.“Our kids have the right to religious freedom and for the state to sponsor religious education and indoctrination, I think it is wrong,” said Brewer.“I think it’s a misunderstanding of what religious freedom means. Religious freedom is an individual right. There’s nothing preventing the Catholic Archdiocese in Oklahoma City from operating as a school … but to request the government to fund that religion … that is not religious freedom because now the government is compelling religion upon students. That is a violation of those students’ rights as well as of the rights of taxpayers who may or may not agree with those religious tenets,” she added.Other plaintiffs in the lawsuit include Krystal Bonsall, a parent of a public school student who has disabilities that require speech and occupational therapy, as well as Michele Medley, a parent of three children, two of whom are autistic and one of whom is part of the LGBTQ community.Bonsall, whose child requires the accompaniment of a paraprofessional in class, released a statement saying, “Our public tax dollars should not be sent to a religious school that asserts a right to discriminate against students with disabilities. St Isidore should not be allowed to divert scarce resources away from public schools that are open to all children regardless of ability, race, sexual orientation, gender identity, or religion.”Medley echoed similar sentiments, saying: “As the mother of two children on the autism spectrum, I have firsthand experience with private religious schools’ unwillingness to accept and meet the educational needs of students with autism and other developmental disabilities.”“I am also aware of the possible religious discrimination against LGBTQIA+ students that could harm my child and others. I don’t want my tax dollars to fund a charter school that won’t commit to adequately accepting and educating all students,” she added.Faith leaders involved in the lawsuit have also weighed in on the debate, with many arguing that such funding is contradictory to religious freedoms.Bruce Prescott, a retired Baptist minister who served as executive director of Mainstream Oklahoma Baptists, said, “Religious schools – like houses of worship – should be funded through voluntary contributions from their own membership, not money extracted involuntarily with state taxes from members of a religiously diverse community.”Lori Walke, another plaintiff and senior minister of the Mayflower Congregational United Church of Christ also pushed back against the state-funded school, saying, “As a pastor, I care deeply about religious freedom. But creating a religious public charter school is not religious freedom. Forcing taxpayers to fund a religious school that will be a ‘place of evangelization’ for one specific religion is not religious freedom.”In June, the state’s attorney general Gentner Drummond said in a statement that St Isidore’s approval was “unconstitutional”.“The approval of any publicly funded religious school is contrary to Oklahoma law and not in the best interest of taxpayers … It’s extremely disappointing that board members violated their oath in order to fund religious schools with our tax dollars,” Drummond added.Speaking to KFOR, Drummond said that St Isidore’s approval marks a “step down a slippery slope that will result someday in state funded Satanic schools, state funded Sharia schools”.The Guardian has reached out to both the archdiocese of Oklahoma City and the Statewide Virtual Charter School Board. The SVCSB said that it “does not comment on pending litigation”.Meanwhile, Oklahoma’s Republican governor Kevin Stitt praised the SVCSB’s decision back in June when it approved St Isidore’s application, calling it a “win for religious liberty and education freedom in our great state”.State superintendent Ryan Walters, who is named in the lawsuit, condemned the legal action as “religious persecution”, saying, “Suing and targeting the Catholic Virtual Charter School is religious persecution because of one’s faith, which is the very reason that religious freedom is constitutionally protected. A warped perversion of history has created a modern day concept that all religious freedom is driven from the classrooms,” Public Radio Tulsa reports.Other defendants of the school include Brett Farley, executive director of the Catholic Conference of Oklahoma, who told the National Catholic Register in June that the school will be “elevating the soul” of students.Farley also doubled down on the state’s funding of St Isidore, saying, “The only thing that would stop this is a court decision telling us we can’t do it.” More

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    Pro-choice Catholics fight to seize the narrative from the religious right

    Since the supreme court overturned Roe v Wade a year ago, reproductive rights have become an even more contentious issue in an already polarized landscape. With more than 1,500 politicians – mostly men – helping ban abortions since Roe fell, Catholic and pro-choice organizations are increasingly trying to carve out space for themselves in the nationwide dialogue to center their own messaging: that being Catholic and pro-choice are not mutually exclusive.One organization trying to dismantle religious stigma surrounding abortions is Catholics For Choice, a Washington-DC based Catholic abortion rights advocacy group. For CFC, the belief in individual reproductive rights comes as a result of the Catholic faith, not in spite of.Speaking to the Guardian shortly after president Joe Biden – a Catholic – said at a recent fundraiser in Maryland that although he is “not big on abortion, he believes that Roe v Wade “got it right”, CFC president Jamie Manson said that despite Biden’s “good model of not imposing one’s religious beliefs on civil law”, his message echoed rightwing sentiments.“President Biden is playing into a narrative that says, in spite of my faith, I support this. It’s a rightwing narrative that we should not give any energy to. It also creates shame and stigma around abortion,” said Manson.In the US, 63% of Catholic adults say that abortion should be legal in all or most cases, according to a 2022 survey conducted by the Associated Press-NORC Center for Public Affairs Research. Additionally, 68% say that Roe v Wade should have been left as is. In a separate survey conducted by the Guttmacher Institute, 24% of abortion patients identified as Catholic.“Catholics overwhelmingly support abortion is because their faith taught them the values of social justice, of the power of individual conscience and of religious freedom… Catholic women who participate richly in the life of the church are having abortions and they have to hear from an all-male hierarchy that when they choose abortion, they’re participating in homicide,” said Manson.“That message is profoundly spiritually violent,” she said, adding, “This is a real pastoral crisis in the church that Catholics don’t want to look at. Every time a high-profile Catholic says, ‘Even though in spite of my faith I support abortion,’ it reinforces that stigma… We need to dismantle this narrative.”To Manson, there are three important ideas deeply embedded in the Catholic tradition which help fuel her organization’s pro-choice beliefs.“The first one is this notion of individual conscience. The catechism says explicitly in all that we say and do, our individual conscience is what tells us what is just and right, not the church. So even if what our conscience tells us to be just and right conflicts with church teaching, we have to go with our conscience,” she said.The next idea is the tradition of social justice, said Manson, which contradicts with the profoundly negative impacts that abortion bans have on already marginalized communities.“Abortion bans and restrictions disproportionately harm people who are already suffering injustices like racism, poverty, immigration laws and domestic violence. The very people that we as Catholics are supposed to prioritize – the marginalized – are the ones who have their suffering exacerbated by abortion bans and restrictions. So there is a deep conflict with our social justice tradition,” Manson said.The third and perhaps the most oft-repeated idea to Manson and other pro-choice faith leaders is religious pluralism.“Catholic teaching supports and respects religious pluralism. And what rightwing Catholics are trying to do is have their theological ideas codified into civil law. By doing that, they’re infringing on the religious freedom of everyone else. Our religious freedom guarantees not only our right to practice our beliefs, but our right to be free of the beliefs of others and so abortion bans and restrictions take away religious freedom,” she said.With far-right Catholic lawmakers continuing to double down on their anti-abortion stances and conservative Christian legal nonprofits funding anti-abortion organizations, the communities that CFC tries to focus on are those that are silent about their support for abortion.“We focus on that population because the majority already are there with us. They’re just afraid to speak about it publicly and that’s because again, of the shame, stigma and punishment that comes from the church when you dare to question this teaching,” Manson explained.“We prefer to cater to that population and we give them information that they need to strengthen their own arguments from a place of faith,” she added.The other focus group of CFC is what Manson calls the “movable middle”, which consists of people who do not know how they feel about abortion and do not feel welcome in the two polarized populations within the abortion debate.“There’s a lot of disinformation that the right wing has put out about abortion over the last 50 years and so we provide them with actual facts. We give them a space to discern how they feel about abortion and make a safe place for people for whom it is a complex issue,” Manson said.Another challenge for organizations like CFC is dismantling certain narratives that automatically enmesh the Catholic faith with anti-abortion stances.“We have to have progressive pro-choice, faithful voices speaking back and centered in the movement now… We really need to counter religious narratives and people who can do that best are religious people. People have to bear in mind the five justices that struck down Roe last year were all Catholic,” said Manson. “We really are fighting a religious force so we have to center religious voices…and take back the narrative that we’ve ceded to this Christian right wing and say, ‘No, because of my faith, I support abortion’ and welcome people who feel conflicted about it rather than making them feel like they’re creating stigma.”Manson added that she doesn’t think the pro-choice movement has done this well “and really needs to if we’re going to transform hearts and minds around this issue”.“I think that they have to center faith voices [because] right now, faith voices are marginalized,” she said. “We need to widen our circle in the pro-choice movement and not create these absolutes and gate-keep each other on messaging.” More

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    Revealed: New Orleans archdiocese concealed serial child molester for years

    The last four Roman Catholic archbishops of New Orleans went to shocking lengths to conceal a confessed serial child molester who is still living but has never been prosecuted, a Guardian investigation has found.Upon review of hundreds of pages of previously secret church files, the Guardian has uncovered arguably the most complete account yet about the extremes to which the second-oldest Catholic archdiocese in the US went to coddle the admitted child molester Lawrence Hecker.Back in 1999, Hecker confessed to his superiors at the archdiocese of New Orleans that he had either sexually molested or otherwise shared a bed with multiple teenagers whom he met through his work as a Roman Catholic priest.The admitted conduct occurred during a 15-year period, beginning in the mid-1960s, which Hecker says “was a time of great change in the world and in the church, and I succumbed to its zeitgeist”. In a two-page statement given to local church authorities serving a region with about a half-million Catholics, Hecker says, “It was a time when I neglected spiritual direction, confession and most daily prayer.”Hecker confessed to the misconduct or abuse of seven teenagers between about 1966 and 1979, including “overtly sexual acts” or “affectionate … sex acts” with at least two individuals. In other cases, Hecker reported either fondling, mutual masturbation, nudity or bed sharing, including once on another overnight trip to a Texas theme park.Hecker’s confession said the late New Orleans archbishop Philip Hannan spoke with him about an accusation of sexual abuse in 1988. In 1996, Hannan’s successor as archbishop, the late Francis Schulte, received another allegation which the organization deemed unsubstantiated.Hecker’s 1999 admission arrived after one of his victims came forward with another complaint to the archdiocese. The organization responded in part by sending Hecker to an out-of-state psychiatric treatment facility which diagnosed him as a pedophile who rationalized, justified and took “little responsibility for his behavior”.The facility also recommended that the archdiocese prohibit Hecker from working with children, adolescents or other “particularly vulnerable” people.But Hecker did not stop working. In fact, after a sabbatical of a few months, the church ultimately allowed him to continue until his retirement in 2002 – which happened after a Catholic clerical molestation and cover-up scandal that ensnared the archdiocese of Boston prompted worldwide church reforms.When attorneys for the archdiocese – pressured by the Boston scandal – reported Hecker alongside a handful of other clerics to New Orleans police, they only informed investigators about a single one of the cases cited in his confession. And they didn’t mention the confession at all.Law enforcement authorities have never charged Hecker with a crime, even though his number of accusers has only swelled with the passage of time. Despite transparency policies that the Catholic church generally adopted after the 2002 scandal in Boston, New Orleans’s archdiocese waited until it released a 2018 list of dozens of priests and deacons whom it considered to be strongly suspected of sexually abusing minors before it publicly acknowledged that Hecker was a predator.Notably, the archdiocese only stopped paying Hecker retirement benefits in 2020. Citing a moral obligation it had to all clerics, the archdiocese waited until after it filed for federal bankruptcy protection that year (in part because of litigation in the wake of the clergy abuse list) to stop paying these benefits to Hecker and other abusive clerics. The judge overseeing the bankruptcy ordered it.The archdiocese did not immediately respond to a request for comment, but an attorney for the organization last week said in court that the city’s archbishop since 2009 – Gregory Aymond – “is taking every step possible to protect children”.The Orleans parish district attorney, Jason Williams, confirmed that on 14 June the archdiocese turned over “voluminous documents” pertaining to Hecker. He would not say whether his office compelled the church to hand over the files through a subpoena.That production came after Williams’s office spoke with a man who alleged being choked unconscious and raped as a child by Hecker after meeting the priest through a Catholic institution, according to an attorney representing the accuser.Child rape cases in Louisiana have no filing deadlines, and they could carry life imprisonment. Yet it is not clear when or if Hecker may ultimately be charged.Hecker’s attorney, Eugene Redmann, has declined to speak with the Guardian about claims against his client. But he alluded to how Hecker was 91, said the claims were generally from “decades ago” and added that people of advanced age “lose a lot of memory”.“We will address any charges if they are brought,” Redmann said.Reached by phone last week and asked for comment on his 1999 statement to the archdiocese, Hecker paused for several moments before saying: “I am running behind on time and have to get to an appointment.”He then hung up.Read the Guardian’s full investigation here.
    In the US, call or text the Childhelp abuse hotline at 800-422-4453. In the UK, the NSPCC offers support to children on 0800 1111, and adults concerned about a child on 0808 800 5000. The National Association for People Abused in Childhood (Napac) offers support for adult survivors on 0808 801 0331. In Australia, children, young adults, parents and teachers can contact the Kids Helpline on 1800 55 1800, or Bravehearts on 1800 272 831, and adult survivors can contact Blue Knot Foundation on 1300 657 380. Other sources of help can be found at Child Helplines International More

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    Media organizations push for release of sealed records of US priest accused of abusing children

    Two national US media organizations and Louisiana state prosecutors have joined efforts to secure the public release of sealed information that would provide a more complete account of a retired Roman Catholic priest in New Orleans who has been previously accused of molesting several children.In papers filed late Wednesday at New Orleans’s federal courthouse, the Guardian and the Associated Press contend that there is a legitimate public interest in the contents of the documents dealing with Lawrence Hecker despite archdiocesan claims that the information could be disparaging to the organization.The Guardian and AP argue that the records were improperly labeled as confidential after the church filed its pending, three-year-old bankruptcy case and are seeking to remove that designation, supporting arguments first advanced by Aaron Hebert, who in 2019 filed a lawsuit accusing Hecker of molesting him decades earlier, when the plaintiff was a child.The archdiocese is the only entity which has opposed efforts by Hebert and his lawyers to unseal the Hecker-related records. Church attorneys have argued that neither the Guardian nor the AP have a right to become involved because the archdiocese’s 2020 bankruptcy filing for the most part indefinitely halted litigation against it.“The archdiocese has consistently hid behind its bankruptcy case to keep the public from learning facts about abuse perpetrated at the hands of its priests,” said attorney Lori Mince, who is representing the Guardian and the AP. “We do not believe the law allows this.”Wednesday’s filings by Mince and her associates note how similar arguments by the archdiocese failed last year when the church argued that an audit detailing possible financial crimes by a priest accused of abuse in a separate lawsuit should be shielded from public view.The abuse lawsuit against the priest named in the audit was later voluntarily dismissed, as was a defamation case that the cleric had filed.The church’s opposition to unsealing records related to Hecker comes even as New Orleans’s district attorney, Jason Williams, filed a legal brief Tuesday which urged federal judge Jane Triche Milazzo to publicly release the documents in question.Hebert, who on Wednesday agreed to reveal his identity for the first time, and his lawyers have long maintained that the retired cleric committed crimes for which he can still be punished because they were severe enough that there is no deadline by which he needs to be charged. Williams’s brief said unsealing documents involving Hecker would allow “the appropriate authorities to investigate any criminal activity”.“The continued sealing of the documents in this case serves as a major impediment to a proper investigation,” said Williams’s brief, which was filed within hours of the Guardian asking a DA’s spokesperson whether his office intended to take a position on the Hecker records-related dispute.Williams separately provided the Guardian with a statement on Wednesday which mentioned how the records being sought included a sworn civil deposition Hecker made while facing questioning “concerning the commission of a crime”.That, Williams said, “should not be withheld from a prosecutorial authority merely because reputations may be harmed”.As New Orleans television station WWL reported, Williams’s filing was the first move from local law enforcement aimed at exposing records that the archdiocese has long fought to keep hidden, though some facts about the accusations against Hecker and the church’s reactions to them have been previously publicized by the media and archdiocesan officials themselves.The lawsuit at the heart of the battle over access to Hecker’s records not only accuses him of abuse. But it also accuses his supervisors of not immediately reporting him to law enforcement despite knowing he was an abuser.Hebert’s legal team asserts Hecker was treated in a similar manner to how Boston’s Catholic archdiocese handled its abusive clerics before a 2002 scandal engulfed it and prompted the worldwide church to implement transparency policies, among other reforms.Court filings from Hecker have denied Hebert’s claims. Yet an attorney for New Orleans’s archdiocese at one point disclosed in open court that church officials had known as far back as the 1980s that Hecker was accused of child molestation, and they have paid out multiple civil financial settlements in cases involving claims against him.Despite that history, the church allowed Hecker to work in the archdiocese until he retired in 2002. And despite transparency reforms that the church implemented the year he retired, it wasn’t until 2018 that the archdiocese publicly acknowledged that it believed Hecker to be a child molester.The archdiocese provided Hecker with retirement benefits until after it filed Chapter 11 bankruptcy in May 2020, when it was faced with a mound of clerical abuse lawsuits. The bankruptcy indefinitely paused lawsuits against Hecker and other accused clergy abusers, though attorneys for the 2019 plaintiff gained permission to depose Hecker.Motions from Hebert, Williams, the Guardian and the AP now in front of Milazzo seek the release of the contents of that potentially explosive deposition – taken in late December 2020 – along with documents referenced during it to provide a fuller understanding of the case.Milazzo is scheduled to hear arguments on 15 June at a courthouse where several other judges have recused themselves from handling litigation involving abuse and the archdiocese because of links shared by the region’s legal establishment and the Catholic church.Hecker acknowledged last year that FBI agents had met with him amid a broader investigation into alleged sex abuse by Catholic church personnel in New Orleans. But he hasn’t been charged.Hebert on Wednesday said the public deserves to know everything Hecker, who is in his 90s, has done. “I want justice to be done,” Hebert said. “When everything comes out, it will be a better day for all of us.” More

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    Anti-abortion US priest Frank Pavone defrocked by Vatican

    Anti-abortion US priest Frank Pavone defrocked by VaticanPavone had been investigated for placing an aborted foetus on an altar and posting a video of it online The Vatican has defrocked the anti-abortion US priest Frank Pavone for what it said were “blasphemous communications on social media” as well as “persistent disobedience” of his bishop.A letter to US bishops from the Vatican ambassador to the US, Archbishop Christophe Pierre, said the decision against Pavone, who heads the anti-abortion group Priests for Life, had been taken and that there was no chance for an appeal.Pavone had been investigated by his then diocese of Amarillo, Texas, for having placed an aborted foetus on an altar and posting a video of it on two social media sites in 2016. The video was accompanied by a post saying that Hillary Clinton and the Democratic party would allow abortion to continue, and that Donald Trump and the Republicans wanted to protect unborn children.Pavone remains a firm supporter of Trump. His Twitter handle features him wearing a Maga hat with a background photo featuring the former US president, whom many conservatives praise for his supreme court nominees who overturned the landmark decision guaranteeing a constitutional right to abortion in the US.Pavone was defiant in a tweet on Sunday, comparing his fate to that of unborn children. “So in every profession, including the priesthood, if you defend the unborn, you will be treated like them! The only difference is that when we are ‘aborted’ we continue to speak, loud and clear.”His supporters immediately denounced the measure, including the bishop of Tyler, Texas, Joseph Strickland, who referred to Joe Biden’s support for abortion rights as “evil”. Pavone had appealed to the Vatican over restrictions placed on his ministry in 2011 by the Amarillo bishop, succeeded in getting the restrictions eased and relocated away from Texas while remaining active with Priests for Life.In his letter, Pierre cited information from the Congregation for Clergy that Pavone had been found guilty in a canonical proceeding “of blasphemous communications on social media and of persistent disobedience of the lawful instructions of his diocesan bishop”. The letter was first reported by Catholic News Agency.The statement said Pavone was given “ample opportunity to defend himself” as well as to submit to his bishop. The statement concluded that since Priests for Life is not a Catholic organisation, it would be up to the group to determine whether he could continue his role “as a layperson”.Laicisation, or being reduced to the lay state, is one of the harshest sanctions in the church’s canon law. TopicsVaticanAbortionHealthWomenTrump administrationCatholicismReligionnewsReuse this content More

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    Justice on the Brink review: how the religious right took the supreme court

    Justice on the Brink review: how the religious right took the supreme court Linda Greenhouse does a fine job of raising the alarm about the conservative conquest and what it means for the rest of us – it’s a pity she does not also recommend ways to fight backLinda Greenhouse’s byline became synonymous with the supreme court during the 30 years she covered it for the New York Times. She excelled at unraveling complex legal riddles for the average reader. She also had tremendous common sense – an essential and depressingly rare quality among journalists.The Agenda review: how the supreme court became an existential threat to US democracyRead moreBoth of these virtues are on display in her new book, which chronicles “12 months that transformed the supreme court” after the death of the liberal lion Ruth Bader Ginsburg and the obscenely rapid confirmation of her conservative successor, Amy Coney Barrett.As others have pointed out, Barrett’s ascension was the crowning achievement of a decades-long project of the American right, to pack the highest court with the kind of people who delight in telling graduating students things like the proper purpose of a legal career “is building the kingdom of God”.Barrett is also the sixth Catholic appointed to the court. Another, Neil Gorsuch, was raised Catholic but now attends the church of his wife, who was raised in the Church of England.Greenhouse describes the Federalist Society as the principal engine of this foul project. Founded in the second year of the Reagan administration to change the prevailing ideology of the leading law schools, its 70,000 members have become the de facto gatekeepers for every conservative lawyer hoping to serve in the executive branch or the judiciary.Most students of the judiciary know that all 226 judges appointed by Donald Trump were approved by the Federalists. But until I read Greenhouse’s book I never knew that every one of the 500-plus judges appointed by the two Bushes also earned the Federalist imprimatur.“Its plan from the beginning was to … nurture future generations of conservative law students” who years later would form the pool from which “conservative judges would be chosen”, Greenhouse writes.She also adds the telling detail that makes it clear that this situation is even worse than it appears. After Gorsuch thanked a Federalist banquet “from the bottom” of his heart, after his confirmation to the supreme court, the then White House counsel, Don McGahn, told the same gathering it was “completely false” that the Trump administration had “outsourced” judicial selection to the Federalists.“I’ve been a member of the Federalists since law school,” said McGahn. “So frankly, it seems like it’s been in-sourced.”Greenhouse’s main subject is the impact on the law of the replacement of a celebrated progressive, Ginsburg, with the anti-abortion and anti-contraception Barrett. A meticulous examination of the most important cases decided during Barrett’s first term demonstrates how the new justice contributed to Chief Justice John Roberts’ determination to “change how the constitution” understands race and religion.The centuries-old wall between church and state is being eroded and government efforts to promote integration – or prevent resegregation – are under steady attack.Roberts’s opposition to important sections of the 1965 Voting Rights Act goes all the way back to his service in Ronald Reagan’s justice department in the early 1980s. As chief justice he made his youthful scorn for the virtues of integration into the law of the land, writing a majority decision invalidating the plans of Seattle and Louisville to consider race to prevent resegregation of public schools. By a vote of 5-4 the court ruled the consideration of race violated the constitution’s guarantee of equal protection.Roberts’s opinion declared that the school systems’ “interest in avoiding resegregation was not sufficiently ‘compelling’ to justify a racially conscious remedy”.For most of the country’s history, the establishment clause of the constitution has prevented the government from “endorsing or coercing a religious practice or viewpoint”, Greenhouse writes, while “the free exercise clause requires the government to leave believers free to practice their faith”.But Roberts and his allies have thrown things upside down, turning the free exercise clause “from its historic role as a shield that protected believers from government interference into a sword that vaulted believers into a position of privilege”.Greenhouse is a woman of convictions. Even as a reporter, she was famous for taking part in a march supporting abortion rights. In a previous book she bragged of contributions to Planned Parenthood. But none of her critics could ever find any evidence that her stories in the Times were slanted by her personal beliefs.That objective stance was entirely appropriate when she was a daily reporter. But book writing is different. After doing such a good job of describing the decades-long rightwing campaign to produce a court whose views are increasingly at odds with the majority of voters, Greenhouse doesn’t endorse any ideas about how to remedy the situation.Supreme Ambition review: Trump, Kavanaugh and the right’s big coupRead moreShe shows no enthusiasm for the idea of expanding the number of seats on the court, which was championed by Pete Buttigieg and others during the 2020 election, and she doesn’t even support the idea that 83-year-old Stephen Breyer should feel any pressure to retire during the current Congress, to make sure Joe Biden can appoint, and a Democratic Senate confirm, a liberal successor.Similarly, Greenhouse never suggests Ginsburg was wrong to stay in office until her death, rather than retire during Barack Obama’s time in office so that she wouldn’t be replaced by someone like Barrett.Unwilling to regulate dark money’s vicious role in our politics, and happy to eviscerate the most basic protections of the Voting Rights Act, the court is increasingly tethered to religious rightwing orthodoxy.Greenhouse does a superb job of describing how we got here. What she lacks is the passionate imagination we need to re-balance an institution which poses an urgent threat to American democracy.
    Justice on the Brink is published in the US by Random House
    TopicsBooksUS supreme courtUS constitution and civil libertiesLaw (US)US politicsPolitics booksReligionreviewsReuse this content More

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    Biden v US Catholic bishops: Politics Weekly Extra

    Last week Catholic bishops in the US voted to move forward with plans that could result in Joe Biden being banned from receiving communion because of his stance on abortion. Jonathan Freedland speaks to former congressman Tom Perriello about the decision and its potential impact on voters

    How to listen to podcasts: everything you need to know

    Last week the US Conference of Catholic Bishops voted to move foward with plans to draw up new guidance on the eucharist, which could see President Biden being banned from receiving communion due to his stance on abortion. Why are they doing this? And what impact will it actually have? Jonathan Freedland speaks to Tom Perriello, the executive director of Open Society Foundations US about a piece he wrote last week condemning the move by the bishops. Archive: Getty; CNN; YouTube Listen to Comfort Eating with Grace Dent Send us your questions and feedback to podcasts@theguardian.com Help support the Guardian by going to gu.com/supportpodcasts More