Posts Tagged ‘Jesuit Father Robert Araujo’

Jesuit Says Conscience Protections Could Prove Decisive in Supreme Court Health Care Ruling

Inadequate conscience protections may lead the Supreme Court to reject the 2010 health care law, a Jesuit priest and legal scholar predicted after three days of arguments in the historic case.

“I think there are sufficient problems with the bill, as passed, that the justices could say: ‘This is unconstitutional,’” Jesuit Father Robert J. Araujo, told Catholic News Agency on March 29.

“This is a very complicated law, and the more we examine it, we see more problems and concerns,” noted Fr. Araujo, who holds the John Courtney Murray Professorship at the Loyola University Chicago School of Law.

“I tend to think that’s on the minds of the lawyers and the justices: ‘Are we going to see more litigation, if we don’t resolve these conscience-protection and other issues?’”

“That’s why I see an opportunity for the court to say: ‘Look, there are some serious problems with this legislation. Congress has done a lot of work, (but) it’s their responsibility to write a law that will pass constitutional muster and judicial review.”

The court’s March 26-28 period of questioning focused on the law’s “individual mandate,” which requires virtually all citizens to obtain health insurance.

Most observers believe the law’s fate will hinge upon whether the requirement is judged to be a means of regulating interstate commerce – as the Obama administration maintains – or an unconstitutional overtaking of states’ power by the federal government.

Fr. Araujo thinks the law is unlikely to be upheld either fully or in part.

“Having followed the arguments and the questions, I don’t think the likelihood of a complete vindication is very strong.”

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