Friday, May 11, 2018






THE FRIDAY GARDEN STROLL



It is Friday, and that means time for a garden stroll. We need it. At least I need it after the past few days. What a week it has been, the most eventful in terms of litigation since the release of the SC supreme court decision on August 2, 2017. We witnessed three major initiatives on the Church side this week, one we knew was coming, the other two unexpected. I am still trying to process all of it and sort out what it means.

The first event was on Monday when the Episcopal Church and the Church diocese (TECSC) filed a response brief in the U.S. Supreme Court. This was in opposition to the independent diocese's (DSC) petition to the court for writ of certiorari, that is, to review the SCSC decision of Aug. 2, 2017. The main argument the Church side made was that this case was litigated entirely under state laws following neutral principles and involved no federal constitutional issues. In other words, the case was not appropriate for the U.S. Supreme Court. I think this was a strong argument. A second event, on Tuesday, was TEC/TECSC's petition in the circuit court for the enactment of the SCSC decision, that is, for the actual repossession of the 28 (29) parishes in question, the Camp, and the pre-schism diocese. This was a blockbuster. Finally, the Church has moved to regain physical possession of the properties at hand. Once SCOTUS denies DSC's petition, I expect the circuit court to move posthaste on carrying out this. After all, the property issue will have been settled and the court would have no choice but to enact the SCSC decision. The third big event came on Wednesday when the Church diocese submitted an amended complaint in the federal court bringing up to date the suit there. In that, the Church is asking the court to recognize the legal rights of the Church diocese's bishop over the pre-schism diocese.

It was a dizzying three days of litigation. Since the legal war started on Jan. 4, 2013, nearly five and a half years ago now, most of the time we have all been just waiting, waiting for the courts to act. We all thought the state supreme court would never issue a decision, but it finally did, apparently after much agony, rather typical for the history of the schism. So, finally, this week, we have a great deal of movement all at once. What is more, we can expect the U.S. Supreme Court to announce its decision on whether to grant review by the end of June which is only seven weeks from now. Odds are SCOTUS will deny. Then, the decks will be cleared for sure and we should see matters start to wrap up. Hold on to your seat belts for the next six months. Turbulence ahead.

Anyway, today let us step back from all of that and recharge our batteries by a walk around my garden as it appeared this morning.














Oakleaf Hydrangea (Hydrangea quercifolia). Grows wild in abundance in the shady forests of the South. Produces elegant, lacy spikes of white flowers in spring. 


Clematis "Polish Spirit." An easy-care reliable vine with a mass of color in the spring.



The Knock Out Roses, again. They are in full bloom now.


A seating area in the early morning sun


What appears to be an ordinary green shrub is not. This is Alabama Croton (Croton alabamensis), one of the rarest shrubs in North America. It grows naturally in only a few places in the world, mostly in remote spots of Alabama. It is an endangered species. It is most noted for its leaves, green on top and silver on underside. This one is full grown at 5 feet.

Now, in the big picture, we know all is well. The litigation will be over one day. The schism will end at some point. I know, we all want it to come to an end, I as much as anyone else. But, meanwhile the rhythms of the seasons, the beauty of nature help keep us grounded. They remind us that a far greater power than ourselves is at work in the universe. My best wishes to all of my readers on this lovely spring Friday.