In this talk presented at the 2022 conference of the Catholic Bar Association, C’Zar Bernstein unpacks the meaning of the word person in the Fourteenth Amendment and, through his exegesis, identifies philosophical arguments that may be instrumental in affording legal protection to the most vulnerable members of society.

Louis Brown discusses the mission of sharing the healing love of Christ, particularly in health care. He investigates how doing so requires that we respect the rights to life, conscience, and religious freedom as the foundations for human dignity in our health care system.

Teresa Stanton Collett discusses the flawed conception of personhood that led to Roe v. Wade, the legal developments that led to the decision in Dobbs, and strategies for protecting the unborn in the new legal landscape.

The author explores recent cases involving Church closure, cancellation of historical figures, instructional materials in public schools, display of religious symbols on public land, and his current work defending the First Amendment rights of Christian bakers.

In light of truths expressed by Thomas Aquinas and in lawyers’ oaths, lawyers sworn to uphold the civil law must work toward the goal of teaching and gradually encouraging citizens to have the inner virtues that would make civil law itself irrelevant. This follows from claims central to the civic and the Catholic intellectual traditions: the civil law is a teacher, its effect ought to be the promotion of virtue, and virtuous living is constitutive of the common good. Natural law (...) undergirds and gives substance to the civil law, which nonetheless should only demand under fear of punishment what is followable for the majority of men, given the needs of good public order and the habits and customs of their country. (shrink)

Mike Schutt dissects ABA Model Rule 8.4(g), exposing its vagueness, excessive breadth, and prima facia viewpoint discrimination.

The first edition of the Ethical Religious Directives for Catholic Health Care Services was published in 1948. Since then, it has undergone two major revisions and several smaller ones. The following essay explores the history of the ERDs and the important aspects of these revisions.

We suggest edits to Part Four of the Ethical and Religious Directives (ERDs) to help the US bishops address and clarify essential Church teachings on specific beginning-of-life issues facing Catholic health care today. As a teaching tool, Part Four must be updated so that Catholic health care professionals and the lay faithful can understand and apply Church teachings to new ethical challenges. Further, more direction and clarity from the ERDs is needed in applying general principles to assisted procreative technologies, pre- (...) and post-viability induction of labor, ectopic pregnancies, genetic screening and diagnosis, and contraception. Catholic health care clinicians and administrators also need to receive ongoing instruction on the ERDs’ teachings as well as the theological and philosophical rationales that undergird them. (shrink)

Part Five is in considerable need of revision. There have been many developments in medicine and health care that present serious moral challenges to the teachings of the Church. The recommendations below include new emphasis on palliative care and hospice, the right of Catholics to receive the sacraments and visits from the family during illness, further safeguards to protect those in a persistent vegetative state, the immorality of voluntary stopping of eating and drinking (VSED), the permissibility of do not resuscitate (...) (DNR) orders, the limited use of palliative sedation, and the requirement that the standards for determining death be rigorously applied by medical professionals. Other minor recommendations seek to bring greater clarity to the existing directives. (shrink)

Part Two of the Ethical and Religious Directives outlines the responsibility to care for the spiritual needs of patients and residents, following the example of Christ who both healed the sick and forgave them their sins. The proposed revisions to the introduction add a more explicit focus on the dignity of the sick, the redemptive value of suffering, and the potential evangelization that takes place through institutional health care. The proposed revisions to the directives emphasize that patients and residents have (...) a right to receive spiritual and sacramental care. Likewise, Catholic healthcare institutions, medical staff, and pastoral care personnel have an obligation to arrange and provide adequate spiritual and sacramental care. (shrink)

The proposed revisions to Part Three of the Ethical and Religious Directives (ERDs)—on the professional-patient relationship—call attention to a number of timely, culturally relevant issues that require an understanding of the dignity of the human person and the true health of body, mind, and spirit. Several key issues newly discussed in these proposed revisions include transgender policies, the question of referrals for unethical clinical interventions, and triage and limited-resource allocation protocols for crisis situations. This paper draws on the theological and (...) philosophical basis forunderstanding the professional-patient relationship, especially in light of the metaphor of Christ the physician, in order to consider how the ERDs effectively address these key issues and promote true healing in Catholic health care. (shrink)

Part One of the ERDs addresses the balance Catholic health care institutions must strike between their mission to carry out the healing ministry of Christ and the demands of the US health care system. Divided into two sections, the commentary begins by proposing revisions to the Part One introduction focusing on enhanced application of Catholic social teaching principles and a renewed call for robust conscience and religious liberty protections. It then proposes additions to the Part One directives designed to help (...) Catholic health care respond with integrity to the many contemporarychallenges it faces, and to more full live out its mission and identity. (shrink)

Alan Donagan, in The Theory of Morality, famously claims that the principles of “common morality” (i.e., the morality of the Judeo-Christian tradition) form a consistent system that can be derived from a single fundamental principle: It is impermissible not to respect every human being, oneself or any other, as a rational creature. In particular, I want to show that the prohibition contained in the fundamental principle is interpreted by appeal to prior convictions about particular sorts of cases, whether they involve (...) the violation of “respect” or not, and that this has unfavorable consequences for Donagan’s claim that the principles of common morality form a truly deductive system of morality. (shrink)

Catholic health care has long been focused on the needs of the poor, yet its primary interaction with the poor is in the delivery of health care and not within leadership. The preferential option for the poor is one tool that leads to greater participation. Especially important is the hermeneutic element that Pope Francis emphasizes. While some government programs already include those who are poor in leadership, Catholic health care is only starting to grapple with the Pope’s challenge. This essay (...) explores inclusion of the poor in governance and strategic planning, revealing a better way to engage with those who are poor and give a better witness to the Gospel mandate for Catholic health care. (shrink)

Cervical insufficiency is present in up to 1 percent of pregnancies and is involved in a significant portion of pregnancy losses in the second trimester. The first line of treatment for most women with this condition is transvaginal cerclage. However, for some this is not sufficient, and a transabdominal cerclage must be performed. In a subset of women who receive transabdominal cerclage, there has been documented concern about subfertility. To the lay person, this may raise concerns that this approaches a (...) contraceptive effect which would have implications on the liceity of the treatment; however, consideration of the current research on the procedure indicates that the subfertility is not a result of cerclage on its own, and ethical analysis through the principle of double effect further affirms the morality of this treatment. (shrink)

In After Virtue, Alasdair MacIntyre argues that in modern ethical discourse, moral principles have been replaced by “fragments” that only partially represent their original meaning as derived from theological contexts. Today’s debates surrounding physician assisted suicide (PAS) and abortion highlight that the “fragment” of autonomy has been championed over principles such as justice, beneficence, and nonmaleficence with little justification. This acceptance of patient autonomy as the ultimate good distracts from societal ills that drive contentious medical decisions, further muddles society’s image (...) of the human person, and subliminally redefines the medical profession. Medical professionals who oppose these practices must commit themselves to forming physician-patient covenants of trust, rather than accepting consumeristic models of patient care that foster an inappropriate focus on self-determination. (shrink)

The use of growth attenuation therapy (GAT) is becoming more common in order to enable a family to care for a child with profound cognitive and physical disabilities (PCPD) as they age into adulthood. The first published study on the use of GAT was done with the family of a six-year-old girl with PCPD by Daniel Gunther and Douglas Diekema in Pediatrics in 2006. The ethical application of GAT generated considerable discussion on the use among children with PCPD in the (...) medical and ethics communities. This paper discusses the use of GAT for children with profound cognitive and physical disabilities from a Catholic bioethics perspective. (shrink)

In this paper I argue that teleology and a proper teleological analysis of the uterus is important for a comprehensive understanding of the rights of the unborn. I argue that a right to life entails the right to use those organs that naturally function for an individual’s survival. Consequently, an unborn child has a right to his mother’s uterus. If this is accepted, bodily-rights arguments for abortion such as those proposed by Judith Jarvis Thomson and David Boonin are completely undermined. (...) While Thomson and Boonin may be justified in arguing the right to life does not always entail the right to use another person’s body, I argue that the right to life of the unborn does entail the right to use their mother’s body. (shrink)

This essay argues that Catholic bioethicists and moral theologians need an expanded theology of technological or technical domination. It describes five variants of the concept: (1) domination of persons over others, (2) prideful assertion of mastery over nature, (3) ambition to usurp the will of God, (4) over-emphasis on technical solutions to human problems, and (5) an ideology of utility, efficiency, and effectiveness. It is argued, however, that a sixth variant is needed in regard to twenty-first century technologies. Dietrich von (...) Hildebrand’s observations of “the useful” can be employed to show how the instrumental rationality of technologies often gains a false motivational force. This preference for utility is encouraged by the complex, opaque, and autonomous structures of contemporary technologies. (shrink)