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.

Wednesday, March 4, 2009

John Breen on Kathleen Sebelius: A Response

Here is John Breen's post, his angry, even outraged, post.

And here, for those of you who are interested, is a response to John's post, from an MOJ-reader:  "Tiller won the reception after bidding the most for it at a silent auction sponsored by the Greater Kansas City Women’s Political Caucus.  Sebelius donated her time to help the caucus raise money, something she said she had done before.  The silent auction was part of the group's annual Torch Dinner.  Sebelius had no control over who won the auction or who attended.  She didn't even pay for the reception that was paid for by the Women's Political Caucus."

I am a mere scrivener in this to-and-fro.

Amy Welborn's new blog-home

Is here.

Listen to the children, Mr. President

From Vox Nova"D.C. Kids Ask Obama to save school choice".

Save the D.C. Opportunity Scholarship Program

Here is the Youtube link.

Powell on Insights from Islamic Jurisprudence

Our own Russ Powell has posted this new paper, "Zakat:  Drawing Insights for Legal Theory and Economic Policy from Islamic Jurisprudence."  Abstract:

The rapid development of complex income taxation and welfare systems in the 20th century may give the impression that progressive wealth redistribution systems are uniquely modern. However, religious systems provided similar mechanisms for addressing economic injustice and poverty alleviation centuries earlier. Zakat is the obligation of almsgiving and is the third pillar of Islam--a requirement for all believers. In the early development of the Islamic community, zakat was collected as a tax by the state and the funds were distributed to a defined set of needy groups. As a theoretical matter, there are three insights that make zakat an especially relevant subject for modern legal scholars. First, zakat is an example of a modest wealth tax combined with an income tax that may be illustrative in the discourse regarding wealth taxes. Second, the jurisprudence of zakat supports the ethical conclusions of scholars who contend that property rights are attached to post rather than pre-tax income. Third, to the extent that zakat is considered a principal source of revenue for public programs, it might imply a limited role for government, focusing on equitable distribution of goods. This paper begins with a thorough evaluation and synthesis of the traditional Islamic jurisprudence related to zakat. The next section identifies three broad approaches to zakat adopted by modern Muslim states, with particular emphasis on ways that zakat is institutionalized legally. This is followed by an empirical analysis of the correlation of the approaches to zakat with (1) individual income and (2) wealth stratification. The article concludes with observations and policy recommendations related to zakat and broader legal theory based on the earlier qualitative analysis and empirical findings.

A fascinating project!  Thanks, Russ.

Sebeluis, the Group of 26, and Orwell's America

David Hollenbach, S.J. and the other signatories offering support for Sebelius, including my friend Richard Gaillardetz, are astute, as Michael P. suggests.  That makes them all the more culpable for their complicity in the moral evil of furthering the pro-abortion rights mentality.  It is one thing to find proportionate (non-abortion related) reasons to vote for a pro-abortion rights presidential candidate.  It is quite another to attempt to sell a pro-abortion rights Catholic to the public as an excellent choice for HHS.  And, it is even worse to do so by attempting to paint Sebelius as a pro-life governor.

Is this Orwell's America where doublethink rules the day?  Sebelius calls herself pro-life but says she “disagree[s] with the suggestion that criminalizing women and their doctors is an effective means of achieving the goal of reducing the number of abortions in our nation.”  But, her actions betray her.  The Americans United For Life Blog lists Sebelius’ many accomplishments as state legislator and governor in protecting abortionists from even modest regulation, accountability, and oversight.  Not only is she against criminalizing abortion, she seems to be against any law that would regulate the abortion industry.  Signing a bill to fund support services for pregnant women can’t turn an extreme pro-abortion rights advocate into a pro-lifer, and the 26 astute Catholics who have put their credentials behind her nomination know this.

Being astute, the Group of 26, along with Sebelius herself, appears to be engaged deliberately in an Orwellian exercise of doublethink or doublespeak.  In 1984, the word “peace” meant “war,” the word “love” meant “hate,” and the word “freedom” meant “slavery.”  And, now this Group of 26 astute and respected Catholics is trying to turn an extreme pro abortion rights proponent into a pro-lifer so that when we hear the word “pro-life” it means “pro-abortion rights.”

During the campaign season, I withheld - and still withhold - judgment on those who chose a different path from mine in the voting booth.  But now, with respect to these 26, the cards have been laid clearly on the table.  By their actions, this Group of 26 appears (at least to this astute observer) to want to transform the pro-life movement into a pro-abortion rights movement, and they seem willing to go to great lengths to achieve this goal, including misrepresenting (by material omission) Sebelius’s record and by accusing her opponents of demagoguery.  

Sebelius, Racked by Conscience, Wine Glass in Hand

For a picture, indeed, a whole series of pictures of Gov. Kathleen Sebelius hosting a gala cocktail reception for noted second-and-third-trimester abortionist Joe Tiller in the Kansas Governor’s Mansion, see the link here.  The future HHS Secretary is obviously the kind of person who believes that government should extend its hand to the marginalized among us, and so she included the entire clinic staff in the event.   

Tuesday, March 3, 2009

Sebelius: A Response to Michael

Michael states that "no one who blogs at MOJ is more theologically informed or astute than, say, David Hollenbach, S.J."  Certainly, Fr. Hollenbach is more "theologically informed" than I am, and I'll leave it at that.  

But, Fr. Hollenbach's accomplishments in theological studies -- for which I have great respect -- do not, in my view, make the "26 Catholics for Sebelius" any more persuasive or the Sebelius nomination any less cynical.

For starters, it is important to appreciate that Gov. Sebelius's abortion-related errors go well beyond reluctantly embracing the view that (quoting Michael) "all things considered, pre-viability abortions should [not] be criminalized."  For more on her record, go here.  (Michael is certainly right that recognizing Roe's wrongness does not necessarily commit one to the view that pre-viability abortions *should* be criminalized.  But, the Church's authoritative teachings, as I understand it -- Faithful Citizenship is, clearly, not to the contrary -- *are* to the effect that abortion is not merely a private wrong, and that unborn children should be protected in law.  I would be quite surprised if, say, Fr. Hollenbach believed that Gov. Sebelius's views on abortion -- putting aside what one might think are her other merits -- were sound.)

It is becoming clear that, whatever might be the other upsides of his election, Pres. Obama's administration will, in many ways, aggressively promote the abortion-rights agenda.  This agenda will include movements on, e.g., conscience-protection, RU-486, Plan B, increased public funding of abortion around the world, embryo-destructive research, pro-Roe litmus-tests for judges, etc.  (How this agenda is, as the Statement suggests, going to reflect "values that . . . protect human life" and, on balance, "meet the needs" of "unborn children" is not clear to me.)  The President has chosen, as the likely "point person" for many of these efforts, a prominent pro-abortion-rights Catholic.  (And it's the Governor's *critics* who are "divisive"?)  Those pro-life Catholics who voted for Obama should, I think, be disappointed.

Particularly regrettable is the "26 Catholics" statement's tired charge that "partisan use of our religion regrettable and divisive."  "Divisive" is here, as it usually is, merely code for "counter to our policy preferences."  No one is "using" her "faith to attack her"; they are objecting to her nomination because her abortion record is bad.  If anything, it seems to me that it is the administration, not her critics, that is cynically "using" her religion.  Plenty of people -- not just a pro-abortion-rights Catholic -- could have helped the President pursue "[a]ffordable and accessible health care" etc., etc.

That Prof. Kmiec is one of the signatories to this letter is disappointing, as its premises are difficult to reconcile with positions he took, publicly and enthusiastically, for decades.

"Holier Than Thou!" More Catholic Than Thou?

I am as critical of Roe v. Wade as anyone who blogs at MOJ.  See, e.g., Michael J. Perry, Constitutional Rights, Moral Controversy, and the Supreme Court 131-167 (Cambridge, 2009).  But that Roe was--and remains--a bad constitutional decision and should be overruled does not entail that in our society, all things considered, pre-viability abortions should be criminalized.  See Michael J. Perry, Toward a Theory of Human Rights:  Religion, Law, Courts 59-64 (Cambridge, 2007).

In any event, no one who blogs at MOJ is more theologically informed or astute than, say, David Hollenbach, S.J., who signs the petition below.

26 Catholic Leaders, Scholars and Theologians Offer Support for Sebelius

Bipartisan group reiterates the Catholic faith’s support for universal health care for all Americans

Today, 26 Catholic leaders, scholars and theologians publicly expressed support for the nomination of Governor Sebelius as the next HHS secretary. The statement calls attention to Sebelius successful efforts at reducing abortion in Kansas as well as the Catholic faith’s long standing support for universal health care:

As faithful Catholics we proudly offer our support to Governor Kathleen Sebelius, who has been nominated to head the Department of Health and Human Services.  Governor Sebelius is a woman of deep faith with a proud family history of public service. We believe Governor Sebelius’ record of building the common good, reforming immigration laws, improving schools, innovating health care solutions, and significantly reducing the abortion rate in Kansas, makes her an excellent candidate for HHS Secretary.

Governor Sebelius has demonstrated civility and a new kind of politics that both earned her the respect and collaboration of Republican allies and delivered results for the citizens of Kansas. In addition to offering our support, we also reject the tactics of those who would use Gov. Sebelius’ faith to attack her. As Catholics, we find such partisan use of our religion regrettable and divisive.

What are the facts? Kathleen Sebelius has made clear that she agrees with church teaching that abortion is wrong and has lived and acted according to that belief. As governor she has worked to reduce the number of abortions by supporting expanded prenatal care and adoption incentives, expanding health services for Kansas families, and providing a variety of support services for families.

Among other actions, Governor Sebelius:

  • signed the Senator Stan Clark Pregnancy Maintenance Initiative Program, a bill which funded support services for pregnant women and alternatives to abortion;
  • signed Alexa’s Law, to deal with certain crimes against unborn children, which defines an unborn child as a fetus at any state of gestation from fertilization to birth. As a result, if a pregnant woman was murdered, the offender could be charged with the murder of the unborn child as well;
  • signed a law doubling the adoption tax credit and oversaw an expansion of adoption support spending in Kansas from $17,566,288 in 2003 to a projected $23,279,623 in 2008; and
  • oversaw a decline in teen pregnancies between 2002 and 2007

Indeed, because of Governor Sebelius' efforts, abortions in Kansas have declined by 10% during her time as governor.

The governor has had disagreements over public policy with leaders in her Church. Yet their disagreement has never been over the morality of abortion, but over what prudential policy is best in dealing with abortion in Kansas. In the United States, it is the legitimate role of government officials to make the prudential decisions about how to implement moral principles in the public square.

Attention to a range of urgent issues is required in order to build a consistent culture of life. As the U.S. bishops said in their 2007 “Faithful Citizenship,”

Affordable and accessible health care is an essential safeguard of human life and a fundamental human right. With an estimated 47 million Americans lacking health care coverage, it is also an urgent national priority. Reform of the nation's health care system needs to be rooted in values that respect human dignity, protect human life, and meet the needs of the poor and uninsured, especially born and unborn children, pregnant women, immigrants, and other vulnerable populations.

We hope that all Americans will join Governor Sebelius in making this vision a reality. And we hope that people of all faiths will join us in offering our prayers for Governor Sebelius as she prepares to undertake this new leadership role.

Ambassador Elizabeth Frawley Bagley
Professor Lisa Sowle Cahill
Nicholas Cafardi
William D’Antonio
Professor Miguel H. Diaz
Michael Duffy
Julia Dowd
Professor Joseph Fahey
Professor Richard Gaillardetz
Fr. David Hollenbach
James P. Joseph
Christopher Korzen
Steven Krueger
Professor Douglas Kmiec
Delores Leckey
Eric LeCompte
Kari J. Lundgren
Professor Jerome Maryon
Fr. Thomas Massaro
Professor Vincent Miller
Professor David O’Brien
Fr. Thomas Reese
Maria Riley
Professor Stephen Schneck
Margaret O’Brien Steinfels
Dr. Patrick Whelan

The HHS Nomination

Like others, I am learning more about Governor Sibelius's position on many issues. I do find it instructive that NARAL Pro-Choice states on its website that the Governor is identified as "pro-choice" but both houses of the Kansas state legislature are identified as "anti-choice." As I see it, to be pro-choice means that you may not pursue an abortion for yourself, but then you might; but you assuredly will allow someone else to have an abortion if she so chooses. When the gloss is stripped and we are down to fundamentals, to be pro-choice means to favor Roe v. Wade and its progeny which gives any woman a "constitutional right" to have an abortion if she so chooses.

 

RJA sj

Should the HHS secretary unite us?

Like Steve, I'm not sure I agree with Michael that uniting, rather than further dividing, the nation should necessarily motivate the choice of HHS secretary.  If President Obama had nominated a strong pro-life figure, the fact that many of my fellow Americans disagree with the nominee's views would not, standing alone, lead me to oppose the nomination.  I don't know a whole lot about Gov. Sebelius, but my concern about her nomination stems from my disagreement with her views, not from the fact that many Americans also disagree with her views.  For those interested, here's a statement of support for the nomination from some prominent Catholics, including Doug Kmiec, Fr. David Hollenbach, Fr. Thomas Reese, and Margaret O'Brien Steinfels.