When Must a Catholic Judge Recuse from Cases Involving His Diocese?

[The following is a guest post from Daniel Suhr ’08, a prior guest alumni contributor to the Blog.]

Yesterday the U.S. Supreme Court denied certiorari in Archdiocese of Washington v. Washington Metropolitan Transit Authority.  According to the order in the case, Justice Kavanaugh took no part.  In his statement respecting the denial of certiorari, Justice Gorsuch wrote, “Because the full Court is unable to hear this case, it makes a poor candidate for our review. But for that complication, however, our intervention and a reversal would be warranted….”  Justice Kavanaugh was a member of the D.C. Circuit panel that first heard oral argument in the case when he was Judge Kavanaugh, and thus could not hear the case again on appeal. See 28 U.S. Code § 47 (he subsequently withdrew from the panel).

Some have suggested that Kavanaugh was recused (either at the DC Circuit or SCOTUS) because he was an active member of a parish in the Archdiocese of Washington. This is not the standard for recusal for any judge on cases involving institutions of his or her faith.

Courts consistently hold that judges do not have to recuse when their denomination has taken a public stand on an issue before the judge.

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Ireland Reflections 2020–Final Thoughts

As you might have calculated, we returned to the U.S. on that Saturday that the world saw those crazy pictures at O’Hare after the President’s announcement to shut down the U.S.  [Nothing like hearing from him that “no one from Europe” will be allowed back to the U.S. and taking 2 hours from 1:30 a.m.-3:30 a.m. to confirm that the rules were actually not applying to U.S. citizens nor to flights from Ireland!]

And the end of our trip was definitely informed by the fact that we were coming home to a world quite different from one we left.  Our fun travel story included several long lines (luckily in Dublin for customs and not Chicago); a plane that finally took off with no luggage on it (!) since they couldn’t take the time to sort the bags between those who made it through customs and those who were detained; and then another 2 hour line at Aer Lingus to fill out a form to claim our bag!  Now that we can confirm all bags have returned home and, more importantly, all participants have remained safe and healthy, I can comfortably say this was just another layer to our memorable trip.  I am truly grateful that we were able to have this last trip before we all came home to lockdown.

This trip and experience provided an avenue to understand Irish culture in a way that few can.

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Adaptability & Resiliency: Moving to Online Teaching & Learning

dog at computer and dog sleeping
Hat tip to Natalie Sobierajski (2L)

We’re about to complete two weeks of teaching and learning in our new online environment, and it seems to have gone pretty well. Lots of sharing of pets, and no one has turned themselves into a potato.

The Law School, like the main university, supports the use of Microsoft Teams. While Teams doesn’t (yet) allow us to use fun background images, it also hasn’t been hacked during any class time.

Law School professors have found myriad ways to use Teams: they’ve been able to share their PowerPoints; demonstrate online researching in legal databases; create discussion rooms; and post notes, questions, and other files. Some professors record their classes and then post them, others go “live”; still others combine both methods. Natalie Sobierajski (2L) noted she likes the Teams function that allows the sharing of Powerpoints. “[T]he sharing option has made it easier to take notes than expected.”

We’ve learned how to mute and unmute our mics, use the chat bar, and even create spontaneous polls.

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