Mirror of Justice

A blog dedicated to the development of Catholic legal theory.
Affiliated with the Program on Church, State & Society at Notre Dame Law School.

Thursday, November 22, 2007

Santorum on subsidiarity and "common-good conservatism"

This op-ed, by Rick Santorum, strikes me as worthwhile reading.  He writes:

. . . What I call "common-good" conservatism not only relies as much as possible on private charities and faith organizations, market forces, individual choice and decentralized decision-making, but also sees a role for government in empowering the nongovernmental institutions of civil society that serve the common good.

For example, with the use of government vouchers, individuals are better able to choose a nonprofit service provider that is better for their families than a government program is. Similarly, taxpayers are at least as capable as Washington bureaucrats of choosing an effective charity that aids the poor in their communities. So why not eliminate most government grants and give a tax credit to individuals who give to poverty-fighting nonprofits? Unlike past conservative proposals, that measure would be aiming not to save money but to save lives.

Common-good conservatism creates the opportunity for services to be more effectively delivered to those in need, while helping to re-create a community, a place to reconnect. And for Republicans, it creates an opportunity to reconnect to the millions of Americans who think we don't care.

Still more on the stem-cell news

Here's an essay in the upcoming Weekly Standard, by Ryan Anderson, on the stem-cell breakthrough. 

This really is huge news.  And, it raises some (to some, I expect) uncomfortable questions about those who will continue to insist that we not only need to do embryo-destroying research, but also that the government should subsidize it.  If an entirely unobjectionable, simpler, and cheaper procedure is available, are there really any good reasons -- if so, what are they? -- to insist on the embryo-destroying and clone-and-kill procedures other than (a) "sticking it to the religious right"; (b) getting us used to, and less bothered by, destroying embryos for research purposes, in order to hold off any slippage in support for the abortion license; (c) utter contempt for the moral objections to the embryo-destroying procedures, coupled with a "science knows no bounds" ideology; and (d) public money?

Wednesday, November 21, 2007

How Would *You* Vote?

Let's assume that you want to minimize the number of abortions in the United States.  How would you vote on the proposed legislation referenced in the article below?

New York Times
November 22, 2007

Colleges Shaken by Soaring Cost of Birth Control

By MONICA DAVEY

In health centers at hundreds of colleges and universities around the country, young women are paying sharply higher prices for prescription contraceptives because of a change in federal law.

The increases have meant that some students using popular birth control pills and other products are paying three and four times as much as they did several months ago. The higher prices have also affected about 400 community health centers nationwide used by poor women.The change is due to a provision in a federal law that ended a practice by which drug manufacturers provided prescription contraceptives to the health centers at deeply discounted rates. The centers then passed along the savings to students and others.

Some lawmakers in Washington are pressing for new legislation by year’s end that would reverse the provision, which they say was inadvertently included in a law intended to reduce Medicaid abuse. In the meantime, health care and reproductive rights advocates are warning that some young women are no longer receiving the contraception they did in the past.

Some college clinics have reported sudden drops in the numbers of contraceptives sold; students have reported switching to less expensive contraceptives or considering alternatives like the so-called morning after pill; and some clinics, including one at Bowdoin College in Brunswick, Me., have stopped stocking some prescription contraceptives, saying they are too expensive.

“The potential is that women will stop taking it, and whether or not you can pay for it, that doesn’t mean that you’ll stop having sex,” said Katie Ryan, a senior at the University of North Dakota in Grand Forks, who said that the monthly cost of her Ortho Tri-Cyclen Lo, a popular birth control pill, recently jumped to nearly $50 from $12.

[To read the rest of this article, click here.]

Thanksgiving

"It being the indispensable duty of all nations, not only to offer up their supplications to Almighty God, the giver of all good, for his gracious assistance in a time of distress, but also in a solemn and public manner to give him praise for his goodness in general, and especially for great and signal interpositions of his Providence in their behalf; therefore the United States in Congress assembled, taking into their consideration the many instances of divine goodness to these States, in the course of the important conflict in which they have been so long engaged…do hereby recommend it to the inhabitants of these States in general, to observe, and request the several States to interpose their authority in appointing and commanding the observation of Thursday, the twenty-eighth day of November next, as a day of solemn thanksgiving to God for all his mercies; and they do further recommend to all ranks and testify their gratitude of God for his goodness, by a cheerful obedience to his laws, and by protecting, each in his station, and by his influence, the practice of true and undefiled religion, which is the great foundation of public prosperity and national happiness."

Thanksgiving Day Proclamation of October 11, 1782, 23:647. The Journals of the Continental Congress 1774-1789, ed. Worthington C. Ford, Gaillard Hunt, et. al., (Washington, D.C.: Government Printing Office, 1904-1937.

And, don't forget to check out Pope Benedict XVI's advice, here, for Thanksgiving travellers.

Tuesday, November 20, 2007

More on the stem-cell breakthrough

My colleague and bioethics expert Carter Snead weighs in here on the breakthrough about which Michael P. blogged earlier today.

UPDATE: Still more thoughts, from Snead, Leon Kass, and others about the breakthrough.

Troubling developments in Mexico City

According to the International Herald-Tribune, In Mexico City, "leftist" protesters -- who "accuse Roman Catholic Cardinal Norberto Rivera of overstepping Mexican law by intervening in politics" -- recently stormed the Cathedral.  The Church has closed the Cathedral until City officials guarantee security.

Over at the Vox Nova blog, Henry Karlson has some thoughts on the events.

Important News!

New York Times
November 21, 2007

New Stem Cell Method Could Ease Ethical Concerns

Two teams of scientists are reporting today that they turned human skin cells  into what appear to be  embryonic stem cells without having to make or destroy an embryo — a feat that could quell the ethical debate troubling the field.

All they had to do, the scientists said, was add four genes. The genes reprogrammed the chromosomes of the skin cells, making the cells into blank slates that should be able to turn into any of the 220 cell types of the human body, be it heart, brain, blood or bone. Until now, the only way to get such human universal cells was to pluck them from a human embryo several days after fertilization, destroying the embryo in the process.

The reprogrammed skin cells may yet prove to have subtle differences from embryonic stem cells that come directly from human embryos, and the new method includes potentially risky steps, like introducing a cancer gene. But stem cell researchers say they are confident that it will not take long to perfect the method and that today’s drawbacks will prove to be temporary.

Researchers and ethicists not involved in the findings say the work should reshape the stem cell field. At some time in the near future, they said, today’s debate over whether it is morally acceptable to create and destroy human embryos to obtain stem cells should be moot.

“Everyone was waiting for this day to come,” said the Rev. Tadeiusz Pacholczyk, director of education at the National Catholic Bioethics Center. “You should have a solution here that will address the moral objections that have been percolating for years,” he added.

[To read the rest, click here.]

Forming Consciences: Thank You USCCB

     Way at the top of my list of things to be grateful for this Thanksgiving is the US Conference of Catholic Bishops 2007 Statement on political participation, Forming Consciences for Faithful Citizenship

     First, it is amazing that in the wake of the polarization that emerged during the 2004 election, that the bishops were able to issue the document with almost unanimous (97.8%) approval.  This tremendous show of unity will go a long way, I believe, toward healing the divisions that had so marred our country and our Church during the last presidential campaign season. 

     Second, the document does a terrific job working through how the moral theology category of “intrinsic evil” should operate in how we make practical judgments in the political arena.  It gives a clear definition: “There are some things we must never do, as individuals or as a society, because they are always incompatible with love of God and neighbor.  Such actions are so deeply flawed that they are always opposed to the authentic good of persons.  These are called ‘intrinsically evil’ actions.  They must always be rejected and opposed and must never be condoned.” 

     Then, in sharp contrast with the Voter’s Guide for Serious Catholics short list of “non-negotiable” issues (abortion, euthanasia, embryonic stem-cell research, human cloning and homosexual marriage) the bishops include in their examples: the intentional taking of innocent human life, as in abortion and euthanasia; direct threats to the sanctity and dignity of human life, such as human cloning and destructive research on human embryos; as well as other direct assaults on human life and violations of human dignity, “such as genocide, torture, racism, and the targeting of noncombatants in acts of terror or war.” 

     In a beautiful passage, it highlights how Catholic social teaching is not just about the “no” but must also embrace the constructive “yes”—a positive commitment to rolling up our sleeves to work for the “good that we must do.”  “Opposition to intrinsically evil acts that undercut the dignity of the human person should also open our eyes to the good we must do, that is, to our positive duty to contribute to the common good and to act in solidarity with those in need.”  In fact, the moral obligation to meet basic needs for food, shelter, health care, education and meaningful work, is also “universally binding on our consciences.”  The fact that the political choices about how to best meet these challenges are matters for principled debate “does not make them optional concerns or permit Catholics to dismiss or ignore Church teaching on these important issues.”

     Mark, your seamless garment platform has arrived, and the beautiful bow on the package it its decisive call to unity, recognizing that Catholics may express their faith commitment in the social sphere in a variety of ways.  As we work on a variety of issues, searching for political and social remedies to the problems of abortion, war, poverty or a host of other threats to human life and dignity, “we need to support one another as our community of faith defends human life and dignity wherever it is threatened.  We are not factions, but one family of faith fulfilling the mission of Jesus Christ.”

     In voting, “It is essential for Catholics to be guided by a well-formed conscience that recognizes that all issues do not carry the same moral weight and that the moral obligation to oppose intrinsically evil acts has a special claim on our conscience.”  It is also important to note that “the direct and intentional destruction of innocent human life from the moment of conception until natural death is always wrong and is not just one issue among many.” 

     But again, in sharp contrast to the Voter’s Guide for Serious Catholics, that’s not the end of the story.  In fact, the bishops clarify that a candidate’s support for intrinsically evil policies is not the only issue that Catholics should consider in deciding how to vote.  “A voter should not use a candidate’s opposition to an intrinsic evil to justify indifference or inattentiveness to other important moral issues involving human life and dignity.”  In fact, “there may be times when a Catholic who rejects a candidate’s unacceptable position may decide to vote for that candidate for other morally grave reasons.” 

     How about that dilemma that emerged for many in pews in anguish over whether it was a sin to vote for a candidate who supports intrinsically evil policies?  The bishops clarified that the key is the voter’s intent.  “A Catholic cannot vote for a candidate who takes a position in favor of an intrinsic evil, such as abortion or racism, if the voter’s intent is to support that position.  In such cases a Catholic would be guilty of formal cooperation in grave evil.”  Further, even when all candidates hold a position in favor of an intrinsic evil, options include “the extraordinary step of not voting for any candidate,” or, after careful deliberation, voting “for the candidate deemed less likely to advance such a morally flawed position and more likely to pursue other authentic human goods.”

     Thank you, USCCB, for what I believe is a clear, courageous, extraordinarily helpful reference point for profound reflection on the gifts that Catholics can bring to our political life and the public square.  I see just a couple of tiny knits in the analysis (you all may have found others), but I think those can be worked through.  I’ll continue chewing on those over Thanksgiving and work them out in a future blog.       

     Other thoughts?  Amy

Monday, November 19, 2007

Stuart Taylor on the death penalty, deterrence, and abolition

Given the recent posts about the death penalty and deterrence, MOJ readers might want to check out this essay by Stuart Taylor.  A bit:

[I] suspect that the abolitionist justices may have been right in their perception that the death penalty is in tension with the "evolving standards of decency that mark the progress of a maturing society." . . .

They were wrong, however, to take this perception as a mandate to abolish the death penalty, for at least three reasons.

First, the recent history sketched previously shows that the trend toward less enthusiasm for executions is not linear, and that well-intentioned judicial efforts to speed up the evolution process can backfire.

Second, judicial abolition of the death penalty would usurp powers assigned by the Constitution to the legislative and executive branches. In this sense, Furman had less to do with the progress of a maturing society than with what Justice William Brennan, when breaking in new law clerks, introduced semi-facetiously as "the rule of five."

"You got five votes," he would explain with mock professorial gravity, "you can do anything you want." So you can, for a while. But in the long run, societies mature better when they do it the old-fashioned way, without the help of judicial fiats.

Third, while the justices know a lot about the social costs of the death penalty, they know very little about whether and to what extent these costs may be offset by the very considerable benefit of saving innocent lives.  . . .

[A]t this point most of us can only speculate about which side has the better of the inherently conjectural arguments about deterrence. The same is true of the justices. And speculation is not a firm foundation on which to build constitutional law.

I am definitely with Taylor on the first two points.  As for the third -- As I have indicated before, it seems to me that the question whether the death penalty deters matters, really, only once we've identified a class of cases in which it is, or could be, morally permissible.  It does not seem to me that deterrence helps us to identify this class of cases as an initial matter.  (Whether the death penalty's deterrent effect, or lack thereof, of relevant to the constitutional question whether its use violates the Eighth Amendment is, I assume, a different matter.)

UPDATE:  Here's a death-penalty-and-deterrence post by Jack Balkin.  I have some thoughts in the comments box.

Sunday, November 18, 2007

Some News About Cloning

This, from MOJ-friend Gerry Whyte:

MSN.com
Nov. 18, 2007

Dolly creator reveals clone rethink

Ian Wilmut is abandoning cloning in favour of new technique
 

The man who created Dolly the sheep is abandoning cloning in favour of a new technique which produces stem cells without an embryo, it is reported.

Professor Ian Wilmut has decided that the method he pioneered 10 years ago no longer offers the best way to grow a patient's own cells and tissues in a bid to treat a range of medical conditions.

The Daily Telegraph newspaper reports that instead, he will switch to a revolutionary and less controversial technique pioneered in Japan, in which cells have been developed from fragments of skin.

Prof Wilmut, of Edinburgh University, said the new technique was "easier to accept socially" than the therapeutic cloning process he helped pioneer, according to the paper.

The new method does not require the use of human embryos, negating an ethical concern cited by the religious right and others opposed to stem cell research.

The Telegraph quotes Prof Wilmut as saying: "I decided a few weeks ago not to pursue nuclear transfer (the method by which Dolly was cloned)."

He will no longer pursue a licence to clone human embryos, which he was awarded just two years ago, the newspaper says.

The news will come as a blow to scientists who believe that the use of embryos to create stem cells is the best way to develop treatments for serious medical conditions such as stroke, heart disease and Parkinson's disease.

Prof Wilmut and his team captured world headlines in 1997 when they unveiled Dolly, a sheep cloned from an adult cell.

But since then, the scientific community has had to counter criticism from pro-life campaigners and religious groups. US president George Bush has forbidden the spending of public money on such research.