Spe Salvi ¶ 5

5. We must add a further point of view. The First Letter to the Corinthians (1:18-31) tells us that many of the early Christians belonged to the lower social strata, and precisely for this reason were open to the experience of new hope, as we saw in the example of Bakhita. Yet from the beginning there were also conversions in the aristocratic and cultured circles, since they too were living “without hope and without God in the world”. Myth had lost its credibility; the Roman State religion had become fossilized into simple ceremony which was scrupulously carried out, but by then it was merely “political religion”. Philosophical rationalism had confined the gods within the realm of unreality. The Divine was seen in various ways in cosmic forces, but a God to whom one could pray did not exist. Paul illustrates the essential problem of the religion of that time quite accurately when he contrasts life “according to Christ” with life under the dominion of the “elemental spirits of the universe” (Col 2:8). In this regard a text by Saint Gregory Nazianzen is enlightening. He says that at the very moment when the Magi, guided by the star, adored Christ the new king, astrology came to an end, because the stars were now moving in the orbit determined by Christ [2]. This scene, in fact, overturns the world-view of that time, which in a different way has become fashionable once again today. It is not the elemental spirits of the universe, the laws of matter, which ultimately govern the world and mankind, but a personal God governs the stars, that is, the universe; it is not the laws of matter and of evolution that have the final say, but reason, will, love—a Person. And if we know this Person and he knows us, then truly the inexorable power of material elements no longer has the last word; we are not slaves of the universe and of its laws, we are free. In ancient times, honest enquiring minds were aware of this. Heaven is not empty. Life is not a simple product of laws and the randomness of matter, but within everything and at the same time above everything, there is a personal will, there is a Spirit who in Jesus has revealed himself as Love[3].

fn. 2: Cf. Dogmatic Poems, V, 53-64: PG 37, 428-429.

fn. 3: Cf. Catechism of the Catholic Church, 1817-1821.

adjudication-related considerations in Sheetz v. El Dorado

The Supreme Court’s recent decision in Sheetz v. El Dorado County (2024) features a unanimous opinion for the Court by Justice Barrett and separate concurring opinions by three other Justices (Sotomayor joined by Jackson; Gorsuch solo; and Kavanaugh joined by Kagan and Jackson). These separate opinions address themselves in different ways to the narrow scope of what was decided in the opinion for the Court.

The question presented was whether conditions imposed on building permits are exempt from regulatory takings scrutiny because they are imposed pursuant to legislation rather than administratively. The Court answers this question “no.”

Sotomayor (joined by Jackson) wrote separately to note that there is an antecedent question, one not addressed by the Court, which is “whether the permit condition would be a compensable taking if imposed outside the permitting context.”

Gorsuch wrote separately both to note that the Court’s opinion did not address another question and also to suggest that this question had an easy answer. This was the question “whether the Nollan/Dolan test [i.e. the test that governs the Takings Clause inquiry in this context] operates differently when an alleged taking affects a ‘class of properties’ rather than ‘a particular development.’” The easy answer to this question, implied Gorsuch, was “no.”

If this question was so easy, why didn’t the Court address it? It appears that at least three Justices have a different view than Gorsuch. Kavanaugh (joined by Kagan and Jackson) concurred “to underscore that the Court has not previously decided—and today explicitly declines to decide—whether ‘a permit condition imposed on a class of properties must be tailored with the same degree of specificity as a permit condition that targets a particular development.’” The reason to underscore the limited nature of the Court’s decision, presumably, is to prevent others from reading that opinion to have resolved the issue.

From this brief description of the scope of the opinions, the question naturally arises how the Court decided to calibrate the breadth or narrowness of this opinion. The answer to this question is not something that one tries to answer as a matter of constitutional interpretation. The answer turns instead on the nature of the judicial function within the particular place in the judicial hierarchy occupied by the Supreme Court of the United States, together with a justice’s understanding of how best to carry out that function as a single individual on a multimember appellate court with jurisdiction that is both limited and discretionary. To the extent that these kinds of understanding are informed by a distinctive theory, that would be a theory of adjudication rather than a theory of interpretation or law.

Pope Francis’s Remarks to International Federation of Catholic Universities

On January 19, 2024, Pope Francis was scheduled to deliver “a lengthy address” to the International Federation of Catholic Universities. Because he was a “bit short of breath,” he instead got right to the point of what he was going to say and then let his prepared text speak for itself. Here’s what he said viva voce:

I was planning to deliver a lengthy address, but I am a bit short of breath; as you can see, this cold is not going away! I am giving you the text so that you can read it for yourselves. I thank all of you for this meeting and for all the good that our Catholic universities do by communicating knowledge, the word of God and an authentic humanism. Never tire of persevering in the splendid mission of Catholic universities. It is not their confessional status that gives them their identity: that is one aspect, but not the only one. It is perhaps that clear humanism which makes people realize that human beings have values and that these need to be respected. This is perhaps the finest and greatest thing about your universities. Thank you very much.