Pope John Paull II, in August of 1990, promulgated a document called Ex Corde Ecclesiae, and was approved for application in the US by the USCCB in November of 1999. This apostolic constitution asserts the authority of the Church in relation to Catholic universities, and much to their ire, catholic theologians. Many catholic theologians have resented and loudly resisted this concept.
Daniel Maguire, much like his peer at Notre Dame, Fr. Richard McBrien, has publicly disparaged Ex Corde Ecclesiae and refused to humbly request a mandate from the local Bishop. Here's Maguire's explanation of his resistance to submitting to the bishop:
"The mandatum would anomalously subject professional theologians to the judgment of those who are outside academe and are not professional theologians. In my judgment, no theologian could accept this without violating the integrity of his or her discipline. It also puts the bishops into the embarrassing and impossible position of judging scholars without the benefit of the appropriate expertise."
He's somehow thinking that being a theologian trumps being catholic, and that his utterances about the Catholic Church should have no accountability.
" Published theologians are always subject to corrective criticism from their peers, that is, from those who are professionally qualified to judge their work."
Hence, the bishop, being a successor to the Apostles, has no business criticising a "catholic" theologian's work.
"However, the focus of Ex Corde is not on the epistemological subtlety of the effect of changed personal commitments on cognitive objectivity. Its mission, as I see it, is thought control and a denial of the legitimacy of the theological magisterium."
That precious "theological magisterium" is only authoritative if it is in harmony with the Magisterium of the Church, not in constant defiance of it. Maguire's activities with Planned Parenthood would incur a latae sententiae excommunication in Lincoln, Nebraska, but I imagine that his own bishop is not so ready to do something so bold. Here's a stumper: Do catholic theologians have to be Catholic?
"Beware of the false prophets, who come to you in sheep's clothing, but inwardly are ravenous wolves.
"You will know them by their fruits. Grapes are not gathered from thorn bushes nor figs from thistles, are they?
"So every good tree bears good fruit, but the bad tree bears bad fruit.
"A good tree cannot produce bad fruit, nor can a bad tree produce good fruit.
"Every tree that does not bear good fruit is cut down and thrown into the fire.
"So then, you will know them by their fruits.