Journal of Catholic Legal Studies

Rehabilitating the “Mystery Passage”: An Examination of the Supreme Court’s Anthropology Using the Personalistic Norm Explicit in the Philosophy of Karol Wojtyla

By: Michael Scaperlanda

In Planned Parenthood v. Casey, reiterated in Lawrence v. Texas, the Supreme Court said that “[a]t the heart of liberty is the right to define one’s own concept of existence, of meaning, of the universe, and of the mystery of human life.”  This paper will explore the anthropological claims implicit in this account of liberty.  Using the rich philosophical insight of Karol Wojtyla—Pope John Paul II—the paper will argue that the Court’s understanding of the human quest is nearly accurate but that nearly is not nearly good enough.  In fact, a near miss in the area of constitutional anthropology, like a near miss in calculating the trajectory to a distant solar system, can land us in a completely different world if we are not crushed in an asteroid field first.