Document Type
Article
Publication Date
Fall 1999
Publication Information
22 Fellowship Cath. Scholars Q., no. 4, Fall 1999, at 24.
Abstract
The Everson no-aid principle is still the law, though barely so. We are within sight, meaning that we are within a single vote on the Supreme Court, of return to the tradition described by the bishops. Consummation of this development must loom large in any plan for legal action in light of ECE. Short of the tradition's second coming, the only potential civil law cost of implementing ECE is this: if a Catholic college is deemed to be "pervasively sectarian" then, but only then, "direct" public aid to the institution will be constitutionally suspect. But no court is likely to deem a Catholic college "pervasively sectarian." My judgment, then, is that the expense of litigation necessary to retain eligibility for "direct" public aid is the only adverse legal effect of implementing ECE. Later, I shall offer—not sell, but offer—some insur- ance against that expense.
Recommended Citation
Gerard V. Bradley,
Legal Beagle: ECE's Best Friend May Be The Civil Law,
22 Fellowship Cath. Scholars Q., no. 4, Fall 1999, at 24..
Available at:
https://scholarship.law.nd.edu/law_faculty_scholarship/1767
Included in
Civil Law Commons, Constitutional Law Commons, Higher Education Commons, Religious Education Commons
Comments
Delivered at the Catholic University of America
September 18, 1999