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.

Monday, January 31, 2011

The NYT on the importance of funding constitutional rights

The New York Times, not surprisingly, opposes  those "House Republicans [who] are preparing to push through restrictions on federal financing of abortions far more extreme than previously proposed at the federal level."  According to the Times, there is something . . . off about the fact that "[l]awmakers who otherwise rail against big government have made it one of their highest priorities to take the decision about a legal medical procedure out of the hands of individuals and turn it over to the government."  How restricting funding for X amounts to taking away from individuals, and turning over to government, the decision about whether or not to do X is not made clear.

Does anyone recall the Times expressing concern that the persistent refusal of most legislatures in America to make it possible for low-income Americans to exercise their constitutional right to choose religious (and, as it happens, usually better) schools for their children amounts to a denial of that right?  To a "taking away" from parents of the decision about education?  Anyone?  . . . Anyone? . . .  (Bueller?)

https://mirrorofjustice.blogs.com/mirrorofjustice/2011/01/the-nyt-on-the-importance-of-funding-constitutional-rights.html

Garnett, Rick | Permalink

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The NYT is charging inconsistency or hypocrisy, it seems, by those who generally favor less gov't intrusion in private affairs. Saying the gov't is not going to subsidize abortion is entirely *consistent* with the view of those who believe the gov't shouldn't be involved in private affairs, not inconsistent. The NYT wants funding (that is, wants gov't involvement in the manner of money) in the private decision. Those who generally don't favor gov't involvement would rightly -- and consistently -- oppose such funding. A charge of inconsistency would fly if some limited gov't type proposed massive new spending for whatever cause (helping babies be born, for example). At any rate, even those who generally favor less gov't involvement in matters, on principle, still (usually?) welcome gov't involvement to stop killings, don't they?