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, 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).

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.

The Ninth Circuit's decision on the Holy See's immunity

Here, thanks to Prof. Friedman's "Religion Clause" blog, is an update on the Ninth Circuit's decision regarding the Holy See's immunity (under the FSIA) in a clergy-abuse-related lawsuit.

Wednesday, March 4, 2009

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.

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.

Saturday, February 28, 2009

Essays on Wolterstorff's "Justice"

Nick Wolterstorff's (relatively) new book, "Justice" -- which I reviewed here -- is the subject of several very interesting essay-responses, over at "The Immanent Frame."  Definitely worth a look.

For Flannery O'Connor lovers . . .

. . . which should, of course, include all of us.  Here is an interview with Brad Gooch, the author of the new book, "Flannery."

A Lenten reading plan

For those who (unlike me) demand more of themselves during Lent than abstinence from "Grande Nonfat Cappuccinos", here's a great Lenten Reading Plan.

Liberty, Authority, and the Good of Religion

This essay, by Christopher Tollefson, is well worth a read, and should be of particular interest to Catholics engaged with religious-liberty questions.  It is also, or might be, responsive, to questions that Steve Shiffrin has raised, most recently, at the Scarpa Conference a few days ago.  A bit:

Contemporary culture is often hostile to the idea of authority in general and to religious authority in particular. Religious liberty, on the other hand, is readily grasped as a core value of the West. How the two can be harmonized strikes many as an insurmountable difficulty. But properly understood, religious authority need be in no conflict with religious liberty. That proper understanding, however, requires a prior appreciation of the distinctive value of religion. . . .

Now it appears that, under these conditions, it is not the case that a non-coercive religious authority—that is, an authority which cannot punish with the sword—is ever in a position to violate the conscience or religious liberty of its members or its alleged members. For those members are either believers, in which case they look to the magisterial authority for guidance and, receiving it, take it to be authoritative for the formation of their conscience, or, they are not believers, perhaps because, having consulted their consciences and exercised their reasoning capacities, they no longer believe in the privileged epistemic position of the magisterial authorities. These agents, whom the magisterial authority is unable to coerce, are free to leave the set of believers, or accept what non-coercive—because avoidable at will—punishments, such as excommunication or lighter discipline the ecclesial authority may mete out, just as agents in any other voluntary association are free to leave, or accept that association’s non-coercive punishments.

At the same time, it is also clear, based on what has been said, that a mingling of religious authority and political, or coercive authority, is inappropriate, given the nature and importance of conscience and the good of religion. Yet it is important to see this as the locus of abuse, not the exercise of magisterial authority as such. Religious authority that is exercised with genuinely coercive power—the sort of power characteristic of the political state—is a perversion of both religious and political authority, and is inadequate to the tasks of either. Magisterial authority need pose no threat to religious liberty; and if the claims of some magisterial authority are true, then such authority must be considered essential for the fullest participation in the good of religion.

Thoughts?