Like Professor Garnett, I am skeptical of the “joint editorial” of various Catholic publications that purports to call for an end to the death penalty. 1 The authors are not coy about the context that prompts their comments: Later this term, the Supreme Court will hear Glossip v. Gross, in which recent lethal-injection protocols are challenged. 2 I dissent because it is abundantly clear, given this context, that the Catholic publications are not calling for abolition of death penalty; they are calling for the Supreme Court to strike it down in an act of illegitimate judicial activism.
- See Rick Garnett, “Capital Punishment Must End,” Mirror of Justice, March 6, 2015, http://mirrorofjustice.blogs.com/mirrorofjustice/2015/03/capital-punishment-must-end.html; Editorial: Catholic publications call for end to capital punishment, National Catholic Reporter, March 5, 2015, http://ncronline.org/news/peace-justice/editorial-catholic-publications-call-end-capital-punishment; Elizabeth Scalia, Patheos Catholic Joins Joint Call to End Capital Punishment, The Anchoress, March 5, 2015, http://www.patheos.com/blogs/theanchoress/2015/03/05/patheos-catholic-joins-joint-call-to-end-capital-punishment; see also Kathryn Jean Lopez, Making the case against the death penalty, National Review, March 7, 2015, http://www.nationalreview.com/article/415034/making-case-against-death-penalty-interview. ↩
- See Glossip v. Gross, ScotusBlog, http://www.scotusblog.com/case-files/cases/glossip-v-gross. ↩
- See Dodd, In re Colorado shooting, 2 MPA 54 (2012); Catholic social teaching and public policy, 1 MPA 151 (2012); but see What does the Church really teach about vaccines, n.5, Feb. 4, 2015, http://simondodd.org/blog/?p=1753. ↩
- Cf. Joseph Card. Ratzinger, Memorandum to Card. McCarrick on reception of communion, July 2004, http://www.ewtn.com/library/CURIA/cdfworthycom.HTM (last visited March 18, 2015) ↩
- Cf. Dodd, Judges and excommunication, 3 MPA 108 (2013). ↩