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U.S. Supreme Court Strikes Down Louisiana Abortion Clinic Safety Regulations
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 On Monday, the United States Supreme Court struck down a Louisiana state law that required abortionists in the state to maintain admitting privileges at a local hospital in order to perform abortions. The Louisiana law, which passed with bipartisan support and was authored by a pro-life Democrat, Katrina Jackson, sought to hold abortion clinics to the same safety standards as other ambulatory surgical centers. In a 5-4 ruling, the court found that the law poses a "substantial obstacle" to women seeking an abortion and creates an "undue burden" on a woman's abortion rights. Justice Stephen Breyer wrote the opinion for the majority, and was joined by Justices Ruth Bader Ginsburg, Sonia Sotomayor, and Elena Kagan. Chief Justice John Roberts wrote a concurring opinion, stating that Louisiana's law was similar to a Texas law struck down by the court in 2016, and that it too must be struck down based on the doctrine of stare decisis, a legal doctrine requiring courts to recognize and uphold prior legal rulings.
Archbishop Joseph Naumann, chairman of the U.S. Conference of Catholic Bishops' (USCCB) Committee for Pro-Life Activities expressed his dismay at the ruling, stating, "The Court's failure to recognize the legitimacy of laws prioritizing women's health and safety over abortion business interests continues a cruel precedent." Missouri Catholic Conference (MCC) Executive Director Tyler McClay also expressed disappointment with the ruling, stating that the decision "could open the door to additional clinics opening in Missouri". McClay also pledged that the MCC "will continue to advocate for reasonable abortion regulations and for alternatives to abortion programs, and encourage Catholics and people of good will to walk with and accompany women facing an unplanned pregnancy." |
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U.S. Supreme Court Hands Victory to School Choice Advocates
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 This week, the U.S. Supreme Court handed down the Espinoza v. Montana Department of Revenue case, stating a Montana Supreme Court ruling striking down a state school choice program because it allowed parents to choose to send their children to private religious schools was unconstitutional in violation of the Free Exercise Clause. Chief Justice Roberts, writing for the majority, ruled that when a state chooses to create a school choice program that is available to all, it cannot discriminate against religious schools solely because they are religious. "A State need not subsidize private education," he said, "[b]ut once a State decides to do so, it cannot disqualify some private schools solely because they are religious."
The MCC has long advocated for school choice programs that would help parents afford to send their children to parish schools. Over the years, various programs have been proposed, including ones creating tax credits for cash donations made to foundations that provide scholarships to private school students. These programs have faced great opposition in the Missouri legislature and from public school lobbyists. If the Missouri legislature ever passes a school choice program, this ruling will help open the door to students attending Catholic schools.
Archbishop Thomas G. Wenski of Miami, chairman of the U.S. Conference of Catholic Bishops' (USCCB) Committee for Religious Liberty, and Bishop Michael C. Barber, S.J. of Oakland, chairman of the USCCB's Committee on Catholic Education, praised the court's ruling, stating "[t]he Court has rightly ruled that the U.S. Constitution does not permit states to discriminate against religion. This decision means that religious persons and organizations can, like everyone else, participate in government programs that are open to all. This is good news, not only for people of faith, but for our country. A strong civil society needs the full participation of religious institutions. By ensuring the rights of faith-based organizations' freedom to serve, the Court is also promoting the common good." |
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Missouri Supreme Court Rules that Legislators Improperly Defunded Planned Parenthood
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 On Tuesday, the Missouri Supreme Court ruled that a provision in a state appropriations bill that would have prohibited Planned Parenthood from receiving Medicaid payments is unconstitutional. At issue was section 11.800 of HB 2011, the appropriations bill for the Department of Social Services for FY 2019. That provision states "No funds shall be expended to any abortion facility as defined in Section 188.015, or any affiliate or associate thereof." This provision prohibited Planned Parenthood from receiving reimbursement through the Medicaid program for its family planning and other non-abortion services. The federal Hyde Amendment prohibits the funding of abortion through Medicaid and that provision remains unchanged with this ruling.
Planned Parenthood challenged the denial of its reimbursement claims to the Missouri Administrative Hearing Commission, which ruled against the abortion provider. It then successfully challenged the ruling in the St. Louis City Circuit Court, which held that the defunding language was unconstitutional. In a 6-1 ruling, the Missouri Supreme Court upheld the circuit court ruling. The court stated that section 11.800 improperly amended a general law requiring Medicaid reimbursement for physicians' services and family planning, and was therefore unconstitutional. |
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Supreme Court Rejects Challenge to Federal Executions by Lethal Injection
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 This week, the Supreme Court turned away a major challenge to the federal government's lethal injection protocol. This paves the way for four executions to be carried out beginning in mid-July, after a nearly two-decade lapse.
In 2019, the federal government adopted a new lethal injection protocol consisting of a single drug, pentobarbital. A district judge then blocked the executions from going forward, noting that the pentobarbital protocol conflicts with the Federal Death Penalty Act, which requires adherence to a state's method of execution. The judge ruled a delay would not hurt the government, particularly because it had waited several years to announce a new protocol.
Lawyers for the inmates noted that their cases have presented other legal challenges as well that have not been decided, but the Supreme Court decision not to review the protocol removes a major obstacle to the resumption of federal executions. |
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Governor Parson Makes Cuts to FY2021 Budget
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 With no federal aid in sight, Governor Mike Parson cut $459 million in state FY 2021 spending before signing the FY 2021 budget. Citing the fiscal nightmare brought on by the coronavirus pandemic, the governor said the cuts were necessary. The restrictions in the FY 2021 budget come on top of $430 million in withholds from last year's budget.
Governor Parson's latest budget cuts again focused on public schools, colleges and universities. He restricted $123.3 million in benchmark aid for K-12 schools, a 3.5 percent cut. Community colleges and universities are looking at 12 percent cuts compared to last year's original appropriations. Proposed raises for state workers are also gone, and 300 state jobs, mostly in the Department of Social Services, will be eliminated. Parson also eliminated new spending as much as possible. To see the complete list of restrictions, click here.
Governor Parson and his budget director, Dan Haug, said some of the new restrictions could potentially be temporary if state revenues exceed expectations. |
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Missouri House Budget Committee Votes to Restart State Low-Income Housing Tax Credit Program
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 The Missouri House Budget Committee met this week and voted to restart the state low-income housing tax credit program (LIHTC) to encourage developers to build affordable housing. The state LIHTC program is modeled after a similar federal program and provides additional state tax incentives for builders. LIHTC properties are required to offer rent to those in need at a fraction of the market rate, based upon income and need; rent cannot exceed 30% of a renter's income. While state tax revenue has fallen as a result of the global COVID-19 pandemic, the state wouldn't experience the fiscal impact of the LIHTC program for another three years, since it will take that long for developers to actually claim the tax credits. |
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Archdiocese of St. Louis Responds to Call for Removal of Statue of St. Louis IX
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 Across the country, there have been calls for the removal of statues of historical figures in the wake of social justice protests. Such calls have been directed at a statue of St. Louis IX, the King, in the city of St. Louis. The Archdiocese has responded with a statement that addresses the history of the saint and the statue.
"For Catholics, St. Louis is an example of an imperfect man who strived to live a life modeled after the life of Jesus Christ," the statement reads. "For St. Louisans, he is a model for how we should care for our fellow citizen, and a namesake with whom we should be proud to identify. The sword on his statue is not raised for warfare, but rather is held with the blade down--a symbol of peace."
To read the full statement, click here. |
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Wishing You a Safe & Happy Independence Day!
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 Though celebrations will look different this year due to social distancing requirements, the Missouri Catholic Conference wishes our MOCAN members a safe and happy Independence Day weekend! Our office will be closed on Friday, July 3 in observation of the holiday.
We invite you to take a moment this weekend to pray the same prayer offered in Congress by Chaplain, Rev. Edward G. Latch, D.D. ahead of Independence Day in 1974.
Eternal God, stir our minds and stimulate our hearts with a high sense of patriotism on this Fourth of July. May all that this day symbolizes renew our faith in freedom, our devotion to democracy, and redouble our efforts to keep a government of the people, by the people, and for the people truly alive in our world.
Grant that we may highly resolve on this great day to dedicate ourselves anew to the task of ushering in an era when good will shall live in the hearts of a free people, justice shall be the light to guide their feet, and peace shall be the goal of humankind: to the glory of your holy name and the good of our Nation and of all mankind. Amen.
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Last week, we debuted the first episode of MCC from the Capitol: a podcast produced by the Missouri Catholic Conference. We are excited to announce that