This week, I talk to Lael Weinberger about the doctrine of church autonomy—what it is and, more importantly, where it came from. Lael has written an excellent paper on the origins of church autonomy (here), as well as put to practice his musings in a recent amicus brief he filed in the D.C. Circuit in the case of O’Connell v. United States Conference of Catholic Bishops (here).
After we spent some time digging into Lael’s past, we got to business discussing his paper and brief. Some of the topics we discussed included the definition and scope of church autonomy, the jurisdictional nature of this topic as it relates to the state and the church, the history of its development in the 19th century, and much more.
Lael Weinberger is an attorney and legal scholar. He currently works of Gibson Dunn in Washington, D.C. (bio), and serves as a nonresident fellow at Stanford Law (bio). In the past, he clerked for Justice Neil Gorsuch on the United States Supreme Court, Judge Frank Easterbrook on the Seventh Circuit Court of Appeals, and Chief Justice Daniel Eismann on the Idaho Supreme Court. He earned a law degree with high honors from the University of Chicago Law School. He also holds a PhD in history from the University of Chicago, with a focus on American legal history.
Cross & Gavel is a production of CHRISTIAN LEGAL SOCIETY. The episode was produced by Josh Deng, with music from Vexento.