Picking up on someting that was posted on Bettnet, regarding the canonical viability of annulling the SSPX excommunications, I must interject my own 2 cents. The post said:
"Canon lawyer Ed Peters looks at some of the issues involved in a Vatican reconciliation with the separatist Society of St Pius X.
'As I see it, there are only three options here: either the Holy See decides that John Paul II's decree of excommunication was insufficiently grounded in law and/or fact, and on that basis it lifts the penalty without addressing the merits of the situation today; or, the SSPX leadership somehow acknowledges its wrong-doing and repents sufficiently to allow lifting of the penalty under 1983 CIC § 2; or the SSPX remains fixed in its position and the excommunication remains in place while talks continue—or not, as the case may be.
The first option has the proverbial snowball's chance of ever happening; a fourth option (that the SSPX remains contumacious of the penalty, but the pope simply lifts it anyway) is not realistic: Pope Benedict XVI cares about truth, even when the truth hurts' "
In abstract, I would have to agree with Mr. Peters. In practice, however, one must admit that the Holy Father-- as the Supreme Legislator of the Church -- is not necessarily bound by canon law.
Furthermore, the Pope may -- for pastoral reasons -- disregard certain formalities in order to achieve the salvation of souls (Salus animarum suprema est lex).
Case in point: Campos dos Goytacazes, Rio de Janeiro, Brazil. The famous "Campos Priests" NEVER really acknowledged "wrongdoing", as the following paragraph of their formal request for recognition shows:
"And if, by chance, in the heat of our battle in defence of the Catholic truth, we have made any mistakes or caused Your Holiness any displeasure – although our intention has always been to serve the Holy Church – we humbly beg your paternal pardon." (see here)
Please notice the big "IF", which hardly makes it an acknowledgement of past mistakes. Based on this "if, by chance...", John Paul II went on to lift the excommunication in what concerned the then Bishop Rangel, in these words:
"Maxima quidem laetitia, ut certa reddatur plena communio, declaramus remissionem censurae de qua agitur in can. 1382 CIC quoad te, Venerabilis Frater, simulque remissionem omnium censurarum atque veniam omnium irregularitatum in quas inciderunt alia membra istius Unionis." (see here)
All of this is just to make two small points: (1) the Pope can adapt canon law in order to save souls; (2) there are recent, and quite similar, historical events that show that the Holy See may set aside excommunications with something less than a real apology or recognition of wrongdoing.
