On Church Discipline and Its Discontents
"So, what do you think about the bishops wanting to deny Biden Communion?" I've gotten that question a lot. There are a number of ways to approach this issue that I think are interesting on their own merits, but not ultimately the heart of the conversation. For example, the lawyer in me is fascinated by the applicability of Canon 1405 p.1 , which states that "[i]n the cases mentioned in Canon 1401 [which includes ecclesiastical penalties such as denying Communion], the Roman Pontiff alone has the right to judge . . . Heads of State." That seems pretty black and white to me--the U.S. Bishops' Conference has no jurisdiction over Biden so long as he is the President. And, if you think through the "legislative history" of this Canon, it was surely written to prevent local bishops from mucking around with the Pope's broader diplomatic and spiritual initiatives. In other words, exactly the kind of scenario we have right now. Along those lines, ...