by Joel Rich
Catholic Judges in Capital Cases
Amy Coney Barrett, Notre Dame Law School
John H. Garvey
Whole thing is here https://scholarship.law.nd.edu/law_faculty_scholarship/527/
I found the statements below particularly interesting and would love to discuss parallels with our thought:
CATHOLIC JUDGES IN CAPITAL CASES
To anticipate our conclusion just briefly, we believe that Catholic judges (if they are faithful to the teaching of their church) are morally precluded from enforcing the death penalty. This means that they can neither themselves sentence criminals to death nor enforce jury recommendations of death. Whether they may affirm lower court orders of either kind is a question we have the most difficulty in resolving.
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In Catholic moral theology, there is an extensive literature on this subject, usually collected under the heading of cooperation with evil. Stated abstractly, these are cases where one person (“the cooperator”) gives physical or moral assistance to another person (“the wrongdoer”) who is doing some immoral action. In judging the morality of the cooperator’s action, the most important distinction the Church draws is between what it calls formal and material cooperation. Here is a simile to help lawyers think about the distinction. In first amendment law there are two “tracks” for judging government actions that sin against the freedom of speech. Track one is for cases where the government acts with a bad intention—where it restricts speech because it does not like what is being said. (Imagine a law forbidding people to make jokes about the Vice President.) This kind of action is almost always unconstitutional. Track two is for cases where the government restricts speech unintentionally, in the course of doing something else. (Imagine a law against littering applied to a politician distributing handbills.) This kind of action is sometimes unconstitutional and sometimes not. The courts will balance the law’s good effects against its impact on speech.
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Implicit in the Chief Justice’s observation are two reasons why we should not automatically disqualify judges for holding such views or convictions. One is that everyone has them. If we applied this criterion faithfully we would disqualify the entire judiciary. The rule of necessity that allows judges to sit on cases about judicial compensation applies here too: better a flawed judge than no judge at all. The second is that the possession of convictions is not only inevitable, it is to some extent desirable.
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Short Vort-I don’t know what Rav xxxx’s personal opinion is about masking.
I don’t know if he is stringent in Boro-Park or not.
However, I do know that he is a considerate person.
Whatever his personal feelings may be, and notwithstanding that no one else was masked and he himself has antibodies, nevertheless, in order that I should feel comfortable, he proudly put on his mask in my presence.
Me-Yes we should applaud the sensitivity but recognize the message to the kahal is that it is perfectly acceptable to go maskless and ignore the rules and welfare of others
If leaders lead at least some would follow
- Horav Shraga Kallus- Maaseh shehoyo stories with halachic outcomes
Illustrating Rich’s rule of unintended consequences, stories and questions on a number of “famous” stories including: R’Y Salanter’s pandemic related Kiddush on Yom Kippur; Sukkah on public property; Breaking a wine cup on Shabbat for food for Kiddush; Chofetz Chaim on lashon hara on oneself; Finding money in a book [Money quote – “what’s yours is yours”, my response – Shimon ben Shetach Yerushalmi Bava Metzia 2.5?]
- Rabbi Dr. Aaron Adler-The Finality of Ne’ilah
Discussion of R’YBS’s yom kippur experience and how he viewed neilah. Why do we blow the shofar at the end of yom kippur?
- Rabbi Dr. Aaron Adler- The Kohen Gadol Drama
R’YBS on the avodah of Yom Kippur reflecting the kedushat hayom. The 2 goats reflect the two sides of our personalities (Mikdash vs. Azazel)
- Horav Shraga Kallus-Unknown business halachos
Discussion of common business issues including: Ribbit (Interest violations and workarounds); Poaching customers; and Employer/Employee relations.
- Rabbi Philip Moskowitz-Should You be Leaving for Yizkor or Should You Stay?
How do yizkor and kaddish work? (not how most people think). We should focus on tzedaka and learning torah to benefit the departed (paging R’Slifkin). Even in non-covid days, everyone should stay in place for yizkor in order not to sadden those who have to stay in.
- Rabbi Yehoshua Grunstein-Yom Kippur- Heaven on Earth or the Opposite?
Yom Kippur can reflect our approach to life-focusing either on afflicting ourselves or on reaching our potential.
- Rabbi Assaf Bednarsh-Issur Veheter 7 (89:2-4)
Basar V’Chalav topics including: washing and waiting between milk (including cheese) and meat; between tavshilin (foods prepared with meat or milk); Bread that was on the table; Tablecloths; and Separate silverware.
- Dr. Beni Gesundheit-The Narrative of Sefer Tehillim
First in a thirty part series. The theme is that the five books of tehillim make up an ongoing narrative ending with our return home.
- Rabbi Aryeh Lebowitz-Ten Minute Halacha – Utilizing Every Minute for Torah Study (Bittul Torah)
One should use every spare (me-not so simple to define) moment to learn torah.
- Rabbi Daniel Hartstein-Asking Mechilah in The Business World
It’s important to ask mechilla. Provides some details concerning how many times to ask and which media to use.
- Rabbi Hershel Schachter-Yom Kippur 2020 YCQ
Yom kippur topics including: Talit at night; Washing; Mosif kodesh lchol; Shiurim for inuy; Shelo kderech achila; Pikuach nefesh; Defining footwear; Intravenous usage; Bein adam lamakom blocked by l’chaveiro? and much more.
- Horav Shraga Kallus-Just get there for psukey dezimro or borchu
Psukei d’zimra is important, don’t skip it or interrupt it lightly!
- Horav Shraga Kallus- Our Shuls in Halocho
Details on respecting the beit medrash and beit knesset. There are some leniencies but not as many as people think.
- Rav Asher Weiss-דרשת שבת שובה
Some specifics on Yom Kippur/Pikuach nefesh issues, especially in corona times. Thoughts on tshuva (and Shabbat Shuva) in our very unusual times.
- Rabbi Moshe Taragin-Finding New Voices for Prayer on Yom Kippur
Tips for Yom Kippur prayers: view yourself as part of a collective; transform yourself; open your heart to HKB”H and pray with all of your might even if you don’t know what you really want.
- Rabbi Assaf Bednarsh-Pesachim perek 1 shiur 9 (זמן בדיקת חמץ, זריזין מקדימין למצוות)
Ongoing Talmud shiur including: Don’t be the bearer of bad tidings; why is bdika with a candle and why is it at night? (and should we leave the lights on for you? HT-Motel 16); and Understanding zrizin (is it due to proper character traits/excitement or just a guardrail?; how does it interact with other priorities?)
- Rabbi Aryeh Lebowitz-Kerias Hatorah and Maftir at Mincha on Yom Kippur – Halacha and Hashkafa
Is the mincha Torah reading on Yom Kippur a din in taanit or kedushat hayom? Maybe it’s part of the tshuva process? What are the lessons of Yonah? Bonus – The Rogatchover’s explanation of migdol vs. magdil.
- Rabbi Moshe Taragin-Torah of HaRav Aharon Lichtenstein About Teshuva: The Chapters of Teshuva in Our Lives
R’Lichtenstein identified four types of tshuva: (1) Occasional (related to a specific event) (2) Seasonal (elul related) (3) Cumulative (continuous relating to our current experience) (4) Perpetual (constant ferment). The pros and cons of each are discussed here.
- Rabbi Assaf Bednarsh-Issur Veheter 8 (90:1-91:2)
Basar bchalav issues including: Udders; Basar and chalav touching each other or touching the same plate/utensils.
- Rabbi Aryeh Lebowitz-Ten Minute Halacha – The Beracha of Leisheiv B’Sukkah
When will one leishev be required, suffice, or be deemed insufficient?
- Rabbi Jonathan Ziring-Which Mitzvot Did the Rabbis Uproot by Gezeirah to Prevent Issurin? (2)
The Taz “famously” explained that chazal couldn’t uproot a mitzvah specifically allowed by the torah. Others say they can’t uproot a mitzvah totally, but can do so partially.
- Rabbi Ezra Schwartz-5 Perspectives on Sefer Yonah
Lessons from Yonah: There’s value in any tshuva, however incomplete; We each have a mission; Don’t try to be smarter than HKB”H; Don’t expect perfection; and Know there’s a personal God.
- Rabbi Eliyahu Ben-Chaim-Halachot of Sukkot – Overview of the Arba Minim (Kosher Lulav & Etrog on 1st vs 2nd Days, Procedure of taking the Lulav & Etrog, Leshev BeSukkah, Halachot about Lulav, Etrog, Hadasim & Aravot)
Sukkot issues primarily focusing on the 4 minim.
- 9/26/20 – Show 290 – Chalav Stam today; Rav Moshe’s Heter-Rabbi Hershel Schachter,Rabbi Moshe Elefant,Rabbi Boruch Oberlander
Topics include: R’HS on why he doesn’t drink milk (plus issues with shipping bodies to Israel); R’Moshe of chalav hacompanies (OU and others’ positions); and Can cameras stand in for people for supervision purposes?
- Horav Shraga Kallus- The Beauty Of The Minhag
The term minhag subsumes a number of categories. A”neder” of a community may be a duraita category (per chatam sofer). A personal practice of a father doesn’t generally bind a child. Examples provided of some minhagei hagra and minhagei chassidim.
- Rabbi Allen Schwartz-Haftarah of Yom Kippur
Real tshuva isn’t purely ritual and must include our relations with, and support of, our brothers. It should include a plan to replace minuses with plusses.
- Rabbi Larry Rothwachs-habbos Shuva: What 5780 Taught Us About Ourselves
Shabbat Shuva drasha focusing on deot (character traits) we can improve on including: Not feeling too much control and certainty; Being more patient and less spoiled; Don’t be so judgmental; Use alone time well and remember the only one we can rely on is HKB”H.
- Horav Shraga Kallus-Everyones Doing It-Dinah Demalchusa Dina
Dina dmalchuta – what is the concept’s origin and what is its scope? (neither is clear). How does it differ from minhag hamedina (minhag may be of more force)? Why doesn’t it apply to drafting Yeshiva guys? (because the chatam sofer said so)
- Horav Shraga Kallus-What to do in a Beis Oilom and Kever Ovois
Issues with and practices related to visiting graves (When if at all? Whose? Praying? Leaving…)
- Rabbi Hershel Schachter-Inyanei Sukkos
Sukkot topics including: Schach (kosher, pasul, gaps, maamad); walls (lavud, gud asik); and Lulav/4 minim (shelachem, which hand, relative sizing)
Please direct any informal comments to [email protected].