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Cardinal Law Questions High Court Appointees In Massachusetts.


Cardinal Bernard Law of Boston tried unsuccessfully to derail de·rail  
intr. & tr.v. de·railed, de·rail·ing, de·rails
1. To run or cause to run off the rails.

2.
 two appointees to the Massachusetts Supreme Judicial Court The Massachusetts Supreme Judicial Court (SJC) is the highest court in the Commonwealth of Massachusetts. The SJC has the distinction of being the oldest continuously functioning appellate court in the Western Hemisphere.  in September, associating them with "serious charges of anti-Catholicism."

The Roman Catholic prelate PRELATE. The name of an ecclesiastical officer. There are two orders of prelates; the first is composed of bishops, and the second, of abbots, generals of orders, deans, &c.  sent a letter to Massachusetts Gov. Paul Cellucci Argeo Paul Cellucci (born April 24, 1948) better known as Paul Cellucci, is an American politician and diplomat, former Governor of Massachusetts, and former Ambassador to Canada.  (R) Sept. 22 in which he expressed concerns about Superior Court Judge Judith Cowin and Supreme Judicial Court Justice Margaret Marshall Margaret Marshall may refer to:
  • Margaret H. Marshall (born 1944), Chief Justice of the Massachusetts Supreme Judicial Court
  • Margaret Anne Marshall (born 1949), Scottish singer, operatic soprano
. Cellucci had nominated Cowin to fill a vacancy on the state high court and wanted Marshall to assume the position of chief justice.

Although Law raised questions about the nominees' possible anti-Catholicism, he had little evidence to back up the charge. In his letter, Law referred to a 1997 discrimination case argued before Cowin involving a gay man who was fired by a Catholic hospital. The man was awarded $1.2 million in legal fees by a jury in a lower court, an amount that Cowin later increased on appeal. Cowin said the man deserved more money because he faced financial hardships in suing a powerful hospital backed by the "strength of the Catholic Church."

Law wrote that his concern with Marshall stems from a letter she wrote while serving as chief legal counsel for Harvard University Harvard University, mainly at Cambridge, Mass., including Harvard College, the oldest American college. Harvard College


Harvard College, originally for men, was founded in 1636 with a grant from the General Court of the Massachusetts Bay Colony.
 in 1992. In the letter, Marshall advised Harvard professor Mary Ann Glendon Mary Ann Glendon (born October 7, 1938 Pittsfield, Massachusetts) J.D., LL.M., is the Learned Hand Professor of Law, at Harvard University Law School. She teaches and writes on bioethics, comparative constitutional law and human rights in international law. , an anti-abortion advocate, to stop using Harvard letterhead to promote her views on political issues.

Cellucci called Law's objections "preposterous" and said he would fight for the nominees. Law later had a private telephone conversation with Marshall and told the Boston Globe he was satisfied that the nominee is not anti-Catholic.

"We had a very good conversation," Law said. "She gave me her assurance that she was not anti-Catholic, and I have absolutely no reason to not accept her word on that." Law then dropped his opposition to Marshall and Cowin.

But the controversy damaged both nominees. Both judges required approval from a body known as the Governor's Council, and in early October the two had to undergo hours of grilling from Council members, including defending themselves from charges of anti-Catholicism.

At the same time, members of an anti-abortion group called Massachusetts Citizens for Life launched a lobbying drive to derail Marshall's nomination. The group was on the warpath on a hostile expedition; hence, colloquially, about to attack a person or measure.

See also: Warpath
 because Marshall, prior to her service on the court, was a member of the board of directors of Crittenton Hastings House, a home for unwed mothers that also provides abortions.

The effort to block the nominations of Cowin and Marshall was ultimately unsuccessful, however. On Oct. 13, the Governor's Council voted to approve both nominees. Marshall, who was approved by a 6-3 vote, now becomes the first woman to head Massachusetts' highest court.
COPYRIGHT 1999 Americans United for Separation of Church and State
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 1999, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Publication:Church & State
Article Type:Brief Article
Geographic Code:1U1MA
Date:Nov 1, 1999
Words:440
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