contrary, it was John McCain who previously stated: “I’d love to see the point where [Roe v. Wade] is irrelevant, and could be replaced because abortion is no longer necessary. But, certainly in the short term, or even in the long term, I would not support repeal of Roe v. Wade, which would force X number of women in America to undergo illegal and dangerous operations.” Of course, Senator McCain’s change of view is to be welcomed, but let us then not overstate his bona fides as “pro-life,” at least not in the sense the Deacon himself has correctly articulated a position worthy of that title.
Also, as I note in the book in evaluating proportionality, the Church has directed that we exercise our conscience, giving primacy to the issue of life while also considering with due regard and moral weight of the totality of Catholic social teaching. Some individual bishops have given further guidance to their parishioners. For example, while I will not repeat here the full treatment of this important issue from the book, I would like to especially point out to the reader, the rigorous analysis of Archbishop Charles Chaput who writes that a proportionate reason “would be a reason we could, with an honest heart, expect the unborn victims of abortion to accept when we meet them and need to explain our actions -- as we someday will." This is, as my commentary observes, a powerful statement, but fairly taken on its own terms, I doubt that I could legitimately explain to unborn victims either support for Senator McCain’s claimed ‘pro-life’ position or the Democratic platform reforms of Senator Obama to address the dire social and economic conditions of their mothers.
The McCain approach -- no matter how many hems and haws the Deacon wishes to insert -- is only truly pro-federalism (which is not only not reliably pro-life, but given the tragic example of international practice, might even facilitate in a radical state abortion mandates that because of the reversal would no longer be checked by the women’s individual autonomy right the Court articulated in Roe).
Since I have to make a decision between those incomplete positions if I am going to participate in the political process, I would much more prefer Senator Obama's efforts to directly intervene for the better in the life of an expectant mother now than the remote possibility that after 35 years, the next president may appoint someone new to the Supreme Court of the United States who in turn – in a case not yet filed, not yet accepted for review, not yet briefed and not yet argued -- might be able to persuade four of the other existing justices to overturn, against the principles of stare decisis, the decision in Roe, and then further persuade the individual legislatures of the 50 states and their governors to sign into law protections for human life. In my judgment, the position represented by Senator McCain in the 2008 election represents such an inconceivable chain of events that unborn victims could legitimately ask how could an honest heart ever have expected anything favorable to human life to come from it.
The Deacon then makes this claim: in the book, “Doug vacillates between acknowledging the existence of objective moral truths which should govern human behavior and contending that someone could deny their existence, claim that such a denial is a ‘deeply held religious belief’ and we should form our positive law to accommodate them under some misguided understanding of religious liberty and pluralism.”
Quite honestly, I do not “vacillate.” To the contrary, I state unequivocally, “The humanity of the unborn child to me and every geneticist on the face of the planet is patent. It is the natural law from which no human being can or should want to escape. Try escaping from your nature, it’s uncomfortable, and downright, dangerous. Think you can fly without a para-glider or similar device from the top of the Santa Monica Mountains along the Pacific; think again. Arm-flapping will be your last aerobic exercise.
“Can it be said that natural law is an obligatory part of the American Constitution? You bet, except that, with the possible exception of Justice Thomas, there is not a single Justice prepared to say so. Natural law is not Catholic law; it is universal; it is timeless; and it is what Thomas Jefferson anchored the new American Republic upon in the Declaration of Independence – self evident truths derived from the ‘Laws of Nature and Nature’s God.’ Only one problem: not everyone sees the truth of the unborn child the same way, and in the American democracy, majority rules.”
Now the Deacon may wish to say the majority cannot overrule those natural law presuppositions, and that is a fine point of philosophy and moral reality. It is, however, to lose touch with political reality, which was acknowledged by John Paul II in the ...
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I am encouraged by the dialog. I find it hard to debate the words of a constitutional scholar and his theology is sound. This is good food for thought right now. It is hard as an American to turn the other cheek while this administrations policies continue to put so many people in harms way in favor of big business. So much of what it is doing in the name of our faith is at odds with the churches teachings. May God have mercy on this administration and may we have the courage to do what is right.
Darin | 9/24/2008
The debate over Mr. Kmiec's book and his obsession with Barack Obama "could" go on forever but it "should" not.
It's obvious that this man is more political than he is Catholic. Look, if he gave half as much credence to the teachings of the church leaders and their "followers" and their stance on abortion, especially partial birth and born alive survivors of abortion as he is willing to give Obama and the agenda of his "followers" who want nothing to do with... eliminating abortion on demand, vouchers for non-public school students, secret ballots when voting for/against union membership, or enacting legislation to recognize marriage as the union of a man and a woman only there "should" be no question in his catholic mind that his candidate "could" not be considered worthy of his vote. It's that simple and the effort he is putting forth trying to convince us otherwise in itself proves my point.
"Even the elect will be lead astray".
Bill Sr. | 9/22/2008
Ben B-
You said "[McCain] will also select a Supreme Court justice that might at least give us a chance of overturning Roe V. Wade, for the first chance at this in 30 years."
That is incorrect. In Planned Parenthood v Casey, 1992, an initial majority of five were poised to overturn Roe v Wade. But then O'Connor, Kennedy, and Souter joined the side that voted to UPHOLD Roe. So you are definitely wrong that we haven't had a chance at this in 30 years.
And while you are right that we would have some chance of overturning Roe v Wade with McCain Supreme Court appointees, it should be pointed out that O'Connor, Kennedy, and Souter were appointed by Reagan and GHW Bush. So in the past, supposedly pro-life supreme court appointees have failed to overturn Roe v Wade, and have in fact supported it.
So you can certainly understand why some people might be cynical about the likelihood of McCain appointees overturning Roe.
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