I was recently asked this question:
So as I understand it Kerry has already excommunicated HIMSELF by his vocal, public and longstanding support and pledges of future support for abortion rights.
What remains is an public acknowledgment of that fact. So if a reporter asks Bishop O'Mally the right question such as, "Has John Kerry excommunicated himself according to canon law?" All the bishop has to do is answer "YES".
That's how I read it. If O'Malley says ANYTHING else, he is admitting that neither he nor his predecessor ever had formal interview with Senator Kerry to apprise him of his danger. Thus, O'Malley would be publicly admitting to being in violation of canon 386 himself, since canon 386 requires him to teach the faithful under his care the morals of the faith, frequently and in person. I don't know if O'Malley is a canon lawyer (most bishops are), but he would be a real foolish man not to be talking to one right now.
O'Malley has GOT to be sweating bullets, hoping no one asks that question for a couple of reasons. First, the answer places him squarely under the judgement of canon 386. Second, the only reason any other bishop has leeway on giving Kerry the Eucharist right now is that Kerry's own bishop hasn't publicly pronounced on the matter, so they may entertain doubt as to whether or not O'Malley has done his job. Those who think he has must deny Kerry, those who think O'Malley hasn't done his job might give the Eucharist on the grounds that Kerry's archbishop is incompetent and Kerry is too ignorant to figure it out on his own.
But once O'Malley publicly answers that question with a "yes," EVERY OTHER BISHOP MUST DENY KERRY THE EUCHARIST.
If any bishops refuse to follow that judgment, they are now at odds with the presiding bishop and arguably in formal schism.
These next few days are absolutely ticklish for O'Malley and for Kerry's presidential bid. This news is, no lie, the October surprise that kills Kerry's bid. All that needs happen now is for local news media to be apprised of the situation.