But John Paul II's own 1983 Code of Cannon law said that the penalty could not be applied.Where? The Canon does not say that, it says if he acted in a state of necessity, unless the “the act is intrinsically evil or tends to be harmful to souls” First of all, this is presuming the penalty is meted out under Canon law. JPII did not resort to Canon law, he issued the excommunication by his own authority, so this Canon law argument is facially irrelevant.
Second, since he is the supreme judge, he determines what is or is not necessity. He determines when this canon applies in the first place, not you. Unless he states Lefebvre acted in necessity, you can’t make any claim that this necessity thing overrides HIS excommunication. No Bishop, priest, theologian, canon lawyer, or layman can make a decree overriding the Pope.
Third, schism is intrinsically evil, and it clearly tends to be harmful to souls. There can be no doubt on this point. Therefore, schisming was not the answer, and having done so Lefebvre cannot turn to this Canon.
patent +AMDG