Assuming that the news reports of the President's
plea to the Vatican are accurate, see, e.g., http://www.talkingpointsmemo.com/archives/week_2004_06_13.php#003064 (President
allegedly asked for the Vatican's
help in encouraging the U.S. bishops to be more outspoken "on the cultural
front"), would that violate the Religion Clauses? What if
the President had expressly or implicitly urged the Vatican to "encourage" U.S.
Bishops to deny communion to politicians who would not outlaw
abortion?
P.S. I am not asking
whether the issue would not be justiciable -- of course it wouldn't
be. I'm asking whether such conduct would be appropriate for a President
who took his constitutional obligations seriously.
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