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.

Friday, March 6, 2009

Characterization of the Greater Kansas City Women's Politcal Caucus

The mysterious Professor P. says that I mischaracterized the Greater Kansas City Women's Politcal Caucus.  I'll let the facts speak for themselves and the good judgment of our readers to determine whether I have mischaracterized this organization. The Greater Kansas City Women's Political Caucus' "Positions and Mission Statement" webpage says: "We support the right of women to control their own reproduction without governmental intrusion." Their "endorsements" webpage says that they support pro-choice candidates.

Finally, as my colleagues Rick Garnett (here), Greg Sisk (here), and John Breen (here) have so ably argued, Sebelius' participation in the "auction" and subsequent reception/party for the abortionist Tiller at the Governor's Mansion is largely a side show given Sebelius' longstanding ties to the abortionist community and her allergic reaction to even the most modest of abortion regulation.

Cultural References

I guess if I'm gonna get Rick's cultural references (one in his most recent post, the other in an e-mail message a few days ago), I'm gonna hafta begin viewing (re-viewing) old classics--beginning, of course, with The Godfather.

Although if you're my age, The Godfather is a contemporary classic.  Casablanca ("I'm shocked, shocked ...") and The Treasure of Sierra Madre ("Badge?  Badge?!  I don't need no stinking badge!") are old classics.

Muslim-Catholic Dialogue in Twin Cities

If you're in the Twin Cities, you might be interested in this program, “A Muslim-Catholic Dialogue on Faith and Reason,” on March 18 at 7:30 p.m. on the University of St. Thomas's St. Paul campus.  The two participants are of global status and recognition:   Archbishop Celestino Migliore, the Holy See's nuncio and permanent observer at the United Nations; and Professor Ibrahim Kalin of Georgetown University, a planner and key participant in the Catholic-Muslim Forum that met for the first time in November 2008 in Vatican City to discuss issues arising out of Pope Benedict's 2006 Regensburg speech on the need for both reason and faith in religion.  The event is sponsored by St. Thomas's Murphy Institute on Catholic Thought, Law, and Public Policy.

Pray for the Ensign Amendment

More here.  Even though Pres. Obama's education secretary (like the Washington Post) urged the Senate to spare the program, it appears that the D.C. voucher program is hanging by a thread.  Not enough room in that budget, I guess, to let a few low-income kids in D.C. escape failing schools and have hope for a better life. 

Still more here.  Hear me, Sens. Thad Cochran of Mississippi, Richard Shelby of Alabama, and Olympia Snowe of Maine:  If you roll over for this thing, may Tom Hagen visit your horse. 

Reviewing "Civilizing Authority"

Here is a review, by Kevin Schmiesing, of our own Patrick Brennan's "Civilizing Authority", which is itself a fascinating collection of essays by a number of first-rate scholars.  Here are the first few paragraphs of the review:

It is safe to say that the problem of authority is perennial.  Questions concerning the validity, location, and sources of ecclesiastical and political authority have roiled theology, philosophy, law, and related disciplines since at least the time of the medieval scholastics. Far from being resolved to wide consensus, moreover, the questions and potential answers to them have proliferated over the centuries, recent decades not excepted.

The editor of this collection, Patrick McKinley Brennan, frames the problem’s persistence neatly in his introduction. Even as the very concept of authority has come under withering attack over the last halfcentury, the theoretical assault has done nothing to change the fact that human society seems to be inseparable from the practice of authority. To summarize bluntly the argument underlying the book, as this author sees it: We must have authority, so we may as well accept it, try to understand it, and make it as benign and effective as possible.

 

"Front Porch Republic"

"Front Porch Republic" is an interesting new blog dedicated to exploring "places.limits.liberty."  It's a conversation among new agrarians, crunchy (and other non-"neo") cons, Dorothy Day disciples, distributivists, small-is-beautiful romantics, and hipster beet-farmers (huh?  OK.  I made that up.)  I have to think that each of us will find (a) much with which we disagree, and (b) much to which we are drawn, in the various bloggers' postings.  Its primary failing, at present, so far as I can tell, is that it has omitted MOJ from its blog-roll. 

Thursday, March 5, 2009

Rebooting the Sebelius discussion

I wonder, if we step back a moment, and put aside the question whether or not we think Pres. Obama was the better candidate last November, whether there is any disagreement about the following:  (1) Sebelius's record on abortion-related matters is a bad one -- one that, considered in light of mainstream understandings of Catholic teaching, is not defensible -- regardless of the circumstances that led to Tiller being present at the Governor's mansion.  (For more on this record, go here.)  (2) It is unfortunate that Pres. Obama chose, as his point-person on health-care issues, a Catholic whose record on abortion is as bad as hers is, given that the President could easily have chosen someone else to pursue this agenda -- and, indeed, could have structured this agenda in such a way that it did not involve divisive pandering to abortion-rights groups.  

I mean, does *anyone* on this blog *really* have any doubt that Gov. Sebelius is a down-the-line abortion-rights supporter, who has sought out and worked hard to merit the support (financial and otherwise) from abortion-rights groups?  These facts are not really in dispute, are they?

I have countless times on this blog conceded the point that faithful, reasonable, pro-life Catholics could have disagreed over the last election (which is not to say that I am able to see how such Catholics could embrace the implausible claim that Obama was, in fact, the *more* pro-life candidate).  What I do not understand, though, is why it is thought necessary to form "Catholics for Sebelius" groups, when her record is so extreme, on a matter of such importance (not the only important matter, obviously, but a very, very important one).

A Parable About Politics, Political Relationships, and Moral Accountability

In the hope that my words might help to clarify the nature and dimensions of the dispute playing itself out on the Mirror of Justice, let me offer a parable about politics and political relationships that might help us understand why principled passions may flare and to think about how to define the appropriate boundaries of political positions and affiliations that all faithful Catholics might recognize.

There once were three professing Catholic candidates running for mayor of a city:

Candidate A campaigned on an anti-pornography platform, pledging to devote her tenure as mayor to ridding the city of adult book and video stores.

The other two candidates both stated that they were firmly opposed to censorship on freedom of speech grounds and thus would not use the power of city government to close adult establishments.

Candidate B insisted that he was personally offended by pornography and fully accepted Church teaching on the harms of pornography, but explained that he had concluded that direct censorship was too dangerous for a free society.

Candidate C, while occasionally saying that he too was offended by pornography, was nonetheless willing to speak at the adult film convention, knowingly accepted campaign contributions from the pornography industry, hosted a reception for a well-known pornographer, and opposed even limited regulations on pornography (such as those designed to protect children against inadvertent access to adult material).

Faithful Catholics in that city were divided on how to respond to two of the candidates.

Some argued that the only justifiable position for Catholics was to adamantly resist the evil of pornography. They contended that a good Catholic should, even perhaps must, support Candidate A.

Other Catholics reasoned that, while they may be troubled by Candidate B’s unwillingness to take on the scourge of pornography, his position on other important issues facing the community made him a preferable choice to Candidate A.

A few Catholics even believed that, unlike other evils posing such grave harm as abortion or racism, Church teaching did not demand a single legal answer to every question about pornography. These Catholics concluded that Candidate B’s position was not only tolerable, was not only outweighed by his commendable views on other important issues, but was acceptable on its own merits. (As full disclosure here, I myself have been something of a free speech absolutist in the past, falling into what would be Candidate B’s camp on this issue. Although more troubled about aspects of that position today, I have not yet thought through any change to my longstanding position.)

But Catholics in that city were not without common ground. Everyone agreed that Candidate C was unacceptable. Candidate C’s conduct in knowingly affiliating with purveyors of pornography was shocking and outrageous. By embracing the pornography industry through speaking engagements, campaign contributions, and personal contacts, as well as taking extreme positions on the pornography question, Candidate C had moved beyond the pale and could no longer make any legitimate claim on the support of Catholics concerned for the common good of that society. Surely, all could agree, a professing Catholic who was not merely reluctant to use the force of law to control the dehumanizing and obscene depictions of pornography, but who actually embraced those engaged in production of that filth had thereby disqualified himself from public office.

Now I hasten to acknowledge that the Catholic supporters of Governor Sibelius’s nomination to be Secretary of Health and Human Services would insist that her political conduct and affiliations with respect to the subject of abortion (and abortionists) are not factually parallel to and thus are not captured by the parable I have told. But that should be the crux of the debate, then, shouldn’t it?

Has Governor Sibelius lent her voice as a speaker at abortion industry events? Has she knowingly accepted (and even solicited) campaign funds, not merely from pro-choice political groups, but from abortionists or abortion industry funds? Is she fairly and morally held accountable for the hosting of a reception, together with apparently jovial photo sessions, for a man who is the most notorious late-term abortionist (nothing short of infanticide) in the nation?

If we were able to come to a point of agreement on what the facts are (and perhaps we cannot), wouldn’t we have to come to common point of evaluation of the moral significance of those facts? And, if not, then what remains of the Catholic witness for the sanctity of human life?

Greg Sisk

John Breen's Puzzling Criticism

John Breen says. in his "Sebelius, Michael Perry, and Setting the Record Straight" post (here) that I "very incompletely report[ed] . . . an e-mail exchange between myself and a law professor who is a regular reader of MOJ – a person who has asked to remain anonymous."  What I reported--very completely reported--was the initial e-mail from the professor, whom we shall call P, which P sent to John; P cc.'ed me.  John could have posted P's e-mail message to him and then posted his response.  He chose not to.  So, with P's permission, I posted P's e-mail to John.  Now, John complains that I did not also post John's response to P's e-mail.  But, of course, John can post his own messages here.  John is an MOJ blogger.  John doesn't need me to post his response.  And when I leave it up to John to post his own response here, he criticizes me for not posting it.  Gimme a break, John.

Ted Cruz for Attorney General (of Texas)

My friend and co-clerk (with Chief Justice Rehnquist), Ted Cruz, is running for Attorney General (he served for several years as the state's Solicitor General), as a Republican, in Texas.  Ted is -- no surprise, for a Republican running in Texas -- a conservative, and he and I have not always seen eye-to-eye on policy matters (including capital punishment.  MOJ readers in Texas should know, though, that -- besides being a stalwart friend and a prince among men -- Ted is solid as a rock, and inspiringly passionate, when it comes to school choice and education reform.  In fact, the first conference I ever organized I organized with Ted.  It was a big event, in Ohio, which dealt with the social-justice and religious-freedom aspects of the school-choice issue.  To have such a committed advocate, on such an important matter, in the AG's office, in one of the largest states, would be a very good thing.