Introduction
In our last bulletin, we described the presentation by Father Wilson Miscamble, C.S.C., at the May 31 Sycamore Trust breakfast. We turn now to the main speaker, James Bopp, Jr., the prominent constitutional law attorney who, without charge, represented The Irish Rover in the defamation lawsuit brought against it by Notre Dame professor Tamara Kay.
We are pleased to begin by repeating the good news we reported in our last bulletin, namely, that on June 18 the Supreme Court of Indiana denied Kay’s appeal from the decisions of the lower courts dismissing her lawsuit.
A reassuring ending to an immensely dispiriting episode.
First, however, we want to announce that our challenge grant for our matching gift campaign dedicated to reclaiming June as the month of the Sacred Heart of Jesus has been increased by a generous donation by Peter Dumon, ND ’90 — longtime Sycamore supporter, president of The Harp Group, and owner of Waterfall Resort Alaska and Steamboat Bay Fishing Club.
Happily, the support for this campaign has been encouraging, for the need is great. But time is short. Our campaign ends with June, and there are only a few days left to join Peter in his commitment to our mission and our effort of reclaiming this month for the Sacred Heart of Jesus.
The cultural forces reshaping Notre Dame are well-funded and organized. To fight back effectively, we must be equally resolute — expanding our reach, deepening our research, and supporting those who still speak with clarity on campus
Your gift today will go twice as far to help us defend truth, support faithful students, and uphold the Catholic mission of Our Lady’s University. Simply click on the “double your donation” button below and give to any of our existing funds.
"A Classic SLAPP Suit"
In her introduction of Mr. Bopp, Sycamore Trust board member Katherine Kersten summarized his extensive litigation experience – “more than 200 constitutional law cases in more than 45 states” — and listed some of his many awards and encomiums – e.g., “one of the 100 most influential lawyers in America,” National Law Journal.
On his part, “as a recently converted Catholic,” Mr. Bopp paid tribute to the importance of both The Irish Rover and Sycamore Trust (“I know of nothing more important than its work.”)
In describing the Kay litigation, Mr. Bopp began by stressing the First Amendment significance of the case.
The courts dismissed Professor Kay’s lawsuit under Indiana’s so-called Anti-SLAPP law, which, Bopp explained, is aimed at “lawsuits brought to punish or chill people from the exercise of their First Amendment rights of free speech and press.” Under that law, such cases are expedited and plaintiffs must pay attorney’s fees if they lose.
Professor Kay, Bopp declared, “brought a classic SLAPP suit.” She sought punitive damages, claiming the Irish Rover defamed her in two articles describing her pro-abortion activities.
The trial court granted the Rover’s anti-SLAPP motion to dismiss the complaint, and the appellate court affirmed.
The Poster
Bopp told the Sycamore audience how the litigation centered on a large poster Kay affixed to her office door the day the Indiana law restricting abortion went into effect.
The poster read in part:
This is a SAFE SPACE to get help and information on ALL healthcare issues and access — confidentially and with care and compassion.
In view of Kay’s extensive public pro-abortion advocacy, the Rover construed “ALL health care issues” to include abortion, while Kay insisted she meant only sexual abuse.
Here is an illustrative part of Mr. Bopp’s demolition of Kay’s claim:
Then, Mr. Bopp turned Kay’s own words against her.
"frivolous is an understatement"
Bopp concluded:
To say that this case is frivolous is an understatement.
Unsurprisingly, the trial court swept aside Kay’s claims:
[T]he alleged defamatory statements were true, within the meaning of the law, not made with actual malice, did not contain a defamatory inference, and there were no damages that were causally linked to The Irish Rover articles. Dr. Kay’s defamation claim fails and the statements in the Articles were lawful.
The three-judge appellate court concurred:
The undisputed facts established that the Irish Rover’s two articles were written in good faith, and that the alleged defamatory statements were not false.
With the recent Supreme Court decision, the case ends in resounding vindication for the Rover.
A Final Note
We close by drawing attention to an especially lamentable aspect of this sorry episode, Professor Kay’s unrestrained indictment of the Rover students.
She alleged the students had
acted with malice, wanton and willful misconduct, and a reckless disregard for the truth, all with the intent to damage and negatively impact the plaintiff.”
This was a dreadful charge. Parents do not send their sons and daughters to Notre Dame expecting a professor will revile and humiliate them in such base terms.
The administration knew the fine young men whom Kay maligned, one now a seminarian and the other a Notre Dame law student. It could have attempted to mediate. Instead. it remained aloof.
Not only aloof, but to this point evidently indifferent. The University’s continued listing of Professor Kay as a “Notre Dame Expert” whom media may consult on “abortion. Women’s rights and ethics” is simply bizarre.
Now that the case is ended, we hope the new administration will take down this grotesque recommendation and, in some way, provide a measure of comfort to the students who have suffered for years under the cloud of the false charges leveled against them.
Watch James Bopp's Complete Talk
You can download a copy of Mr. Bopp’s remarks here.
Framing and Reclaiming the Month of June
Our Annual Breakfast program took place during Reunion Weekend on the day before much of the world prepared to enter “Pride Month.” Although the University had not yet released any official messaging, all indications pointed toward another year of institutional support for “LGBTQ+ Pride” — displacing recognition of June as the month of the Sacred Heart of Jesus.
The Alumni Rainbow Community (ARC), the leading promoter of LGBTQ+ interests among Notre Dame alumni, was hosting its “LGBTQ+ Reunion 2025” on campus with a slate of institutionally approved events, including a leadership award presented to an alumnus in a same-sex marriage and a tribute to Phil Donahue (ND ’57)—who credits Madalyn Murray O’Hair, the atheist activist, for launching his career and who later dismissed the Catholic Church as “sexist,” “racist,” and “unnecessarily destructive.”
Support for ARC’s programming during Reunion Weekend included listing in the official agenda, digital ads on screens throughout campus, and on-campus lodging for its members in Siegfried Hall – while group organizers encouraged their members to seek blessings from priests during their visit to campus.
It was no surprise when these warning signs materialized as the fifth consecutive year that Notre Dame has celebrated “Pride Month” without a single public acknowledgment of the Sacred Heart. We will say more about this when the dust settles on June.
A Call to Action
The stakes at Notre Dame could not be higher. Groups like ARC have made alarming strides in normalizing identities and experiences that stand in direct opposition to Catholic teaching and tradition. Meanwhile, the University’s DEI infrastructure—now under scrutiny by both the Trump Administration and Indiana Attorney General Todd Rokita—offers a rare window for reform.
The cultural forces transforming Notre Dame are organized, resourced, and relentless. To respond with equal seriousness, Sycamore Trust must expand its reach, deepen its research, and amplify the voices that still speak with Catholic clarity.
To that end, gifts made by the end of June will be doubled (up to $18,000). Simply click on the “double your donation” button below and give to any of our existing funds.
Support Our Common Purpose
If you share our love for Notre Dame and want to see an authentic Catholic renewal under the Dome, please consider lending a hand in whatever way you are able — by giving of your time (especially in prayer), talent, or treasure. The funds we receive are used to continue our work to keep you informed of Notre Dame’s imperiled Catholic identity, organize events and activities to strengthen our collective voice, and financially support the efforts on campus by students and their organizations to stand tall for the Truth of Catholicism.
Oremus
Most Sacred Heart of Jesus, fountain of infinite Mercy and Love, we worship, praise and adore You!
When You revealed Your Wounded Heart to St. Margaret Mary Alacoque You reminded us of the price You paid for our salvation and of the boundless love You have for each of us.
Through the mission of this holy nun, confirmed by the Church, You invite each one of us to come and behold Your Sacred Heart, which so loves mankind, and is so little loved in return.
You invite us to console You by our own faith, love and devotion offered to You, and You call us to make reparation for all the sins, indifferences, sacrileges and abuses by which Your Divine Majesty is offended.
We at Sycamore Trust join all the faithful of our Notre Dame Family in responding to Your invitation. We pray that Notre Dame will always reverence and honor Your Most Sacred Heart and will reject all that is contrary to Your Goodness, Purity, Mercy and Love. We pray that the campus of our beloved alma mater will become a beacon of light, hope and virtue for all.
May Mary, Our Lady of the Most Sacred Heart, intercede for us as we make our prayer to You, who live and reign with the Father, in the Unity of the Holy Spirit, God, forever and ever. Amen.
Submit Your Mass Intention
Father John J. Raphael (’89) offers a monthly Mass for the intentions of our Sycamore Trust community. If you have an intention that you would like him to include at his next Mass, you may submit it by clicking on the following button.
2 Responses
It is hard to accept the fact that this “woman” remains a member of the ND faculty. Her presence diminishes the schoo.
I am astounded by the official actions of the NDU leadership!