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, October 6, 2005

Narnia Wars

The next round of debates over "separation of church and cinema," following on last year's The Passion of the Christ, is sure to be over Disney's The Lion, the Witch, and the Wardrobe, due out December 9.

However, here is a church-state issue that's already cropped up related to the movie (from the Palm Beach (FL) Post, by way of The Corner):

Gov. Jeb Bush is encouraging Florida schoolchildren to read The Lion, the Witch and the Wardrobe, a parable of the New Testament gospels, for a contest timed with the release of the movie version by a company owned by a prominent Republican donor.

The $150 million film opens Dec. 9, and three sets of winners will get a private screening in Orlando, two nights at a Disney resort, a dinner at Medieval Times and a copy of the C.S. Lewis children's novel signed by Jeb and Columba Bush. . . .

Bush's "Just Read, Florida" campaign worked with Walden [Media, co-producer of the movie with Disney,] earlier this year, when it sponsored a statewide contest centered on Florida novelist Carl Hiaasen's children's book, Hoot. The winner of that contest got a small appearance in Walden's film version of the book, which will not be released until next year.

According to the state's website, the contest is for students to write up to 1,000 words on the question:  "If you had the opportunity to become a character in the story, which character would you be and how would it change the ending of the story?"  Middle schoolers are to do a piece of artwork on the book, and high schoolers to make a short video reenacting a scene.

The inevitable Barry Lynn of Americans United for Separation of Church and State is on the issue:

"This whole contest is just totally inappropriate because of the themes of The Lion, the Witch and the Wardrobe," said Barry Lynn, director of Americans United for the Separation of Church and State. "It is simply a retelling of the story of Christ."

OUR OWN NARNIA CONTEST:  Meanwhile, Time reports reports that "whether four sentences from the C.S. Lewis book make it onto the big screen" will indicate whether LWW "is a Christian film" and may determine its financial success, if the statistics on The Passion are any precedent.  Readers, without going to the Time story, can you guess the four lines?  (Or is Narnia a Protestant and not a Catholic thing?)  First prize to the winner:  If you're ever in Minneapolis, I'll buy you a bag of popcorn at the Mall of America.

Tom

Wednesday, October 5, 2005

A new blog

Kaimi Wenger, Dan Solove, and Nate Oman -- all of whom are veterans of the "blawgosphere" -- have a new blog, "Concurring Opinions:  The Law, the Universe, and Everything." 

Hey, wait a minute . . . "the Law, the Universe, and Everything" . . . sounds like "Catholic Legal Theory" to me.  C'mon folks, give us back our slogan!

Rick 

Between Rick and Rob on Cynicism

I've been following Rick and Rob's exchange on whether the president is being cynical about the abortion issue in his nomination of Harriet Miers. My first response is that it is impossible to know. We can't make an absolute prediction about whether Miers would vote to overturn Roe v Wade, or how she would vote on the various ancillary abortion issues, simply on the basis of the fact that she is an evangelical. We also can't necessarily assume that she and Bush have an "understanding" that he can convey with a wink and a nod to his base. On the other hand, it may be that Bush is perfectly confident in her pro life bona fides on the basis of either or both of those things. I thus can't assume that he is being cynical about the abortion issue (i.e., ritual fealty to a strong pro-life position, but delight with the status quo because of its political usefulness).  Furthermore, even if we assume that she is squishy about Roe, that does not necessarily mean that Bush does not really care, or that there is really not a goal of overturning Roe. It may simply be that a politically vulnerable president does not feel that he can stick his thumb in the Democrats' eye right now, so he nominates someone who is going to be teflon-coated because of her lack of a public record or even a bit of ambivalence on the issue.  Of course, I am always delighted to ascribe the basest motives to the current administration, but I am not sure I can in this case (darn it!).

--Mark

CST and Ecology

A few days ago Rick was kind enough to post a notice of our Villanova conference on Catholic Social Teaching and Ecology, November 9-11, with friend-of-MOJ Lucia Silecchia as one of the speakers. He asked if I could chip in some more info, so here goes. This conference is sponsored by the Journal of Catholic Social Thought, which also sponsors our annual confab on CST and the law, and which will publish the proceedings of the ecology conference. We do at least one CST conference a year in addition to the law conference, often focusing on the anniversary of one of the major social encyclicals or on major themes such as CST and globalization. These conferences tend to be very interdisciplinary (theology, philosophy, history, political theory, economics and even law). While the CST/ecology theme is pretty far out of my area of expertise (even my area of pretended expertise), I can say that it will focus on an increasingly important theme in CST that has drawn attention not just from the theorists, but from some national bishops' conferences. It also creates links with a broader "ecotheology" being developed in other religious traditions. Lucia is among the few legal academics who has have begun to explore the legal implications of a CST-informed environmental ethic. Lucia is the only law prof type participating in the ecology conference.

-- Mark

RIP Steve Frankino

I wanted to say just a few words about my colleague Steve Frankino, who passed away last week. Steve had been undergoing treatment for recently-diagnosed lung cancer, and left us more suddenly than anyone expected. I am sure many of our readers in legal education knew Steve: he had been dean at three Catholic law schools (Villanova, CUA, Creighton) for almost 25 years. He was a devout Catholic, and one deeply learned in the Tradition. He deaned in an era in which Catholic law school deans tended to be quieter in public about the connection between faith and legal education than we are now, but in his subtle way he epitomized the best of what we can be.  Steve leaves behind a legion of friends; I know we will all miss him terribly.

--Mark

More on Miers

I don't want to belabor the issue, but I do think the Miers nomination is an important conversation given the centrality of the abortion question to the moral anthropology's engagement with the political culture.  Rick's thoughtful and appreciated response prompts a few additional thoughts and clarifications:

First, my cynicism toward the GOP's use of abortion is not meant to suggest that there was no meaningful difference represented in the choice between Kerry and Bush on "culture of life" issues.  I'm a registered Democract, but could not pull the lever for Kerry given his longstanding lack of appreciation for the moral dimension of the abortion question.  (Nor could I pull the lever for Bush, truth be told.)

Second, the list of pro-life actions taken by President Bush, while not to be minimized, share a common thread of not requiring much expenditure of political capital.  If abortion is akin to slavery in being our generation's great moral struggle (a view held by a big chunk of Bush's religious base), doesn't the struggle require more?  Can anyone imagine Lincoln saying that the subject of slavery never came up in any conversation with his closest legal aide? 

Third, while Bush has been very careful not to call for the overturning of Roe v. Wade, he has consistently implored our nation to "set a great goal that unborn children should be welcomed in life and protected in law."  If unborn children are going to be protected in law, from my understanding that will either require a constitutional amendment or the reversal of Roe v. Wade.  President Bush, while not shy about pushing amendments on other divisive culture war issues that are doomed to fail, hasn't talked (to my knowledge) at all about an abortion amendment.

Finally -- and here is the crux of the matter, in my view -- I'm not sure that the political calculation undertaken by many Catholic and evangelical voters accurately reflects reality.  Many of the Catholics and evangelicals I know who voted for Bush went through some sort of cost-benefit analysis: the cost of supporting Bush's policies on taxes (or the environment, war, etc.) were deemed to be outweighed by the benefit of supporting his policy on abortion.  Sometimes the benefit side was supplemented with gay marriage, religious expression in public, or school choice, but abortion was always the dominant factor on the benefit side.  And at least for my acquaintances, when they voted based on Bush's abortion stance, they weren't pinning their hopes on reinstatment of the Mexico City policy.

Rob

UPDATE: My colleague Elizabeth Brown informs me that:

Bush has spoken about a constitutional amendment to ban abortion, but he has not done so consistently. When he was first running for Congress in 1978, he didn’t support such an amendment on the grounds that the decision on whether to have an abortion should be left up to a woman and her doctor, although he was personally opposed to abortion. When he ran against Ann Richards in 1994 for Governor of Texas, he refused to discuss abortion and his campaign literature stated, “The United States has settled the abortion issue.”  When running for President in 2000, he stated in his debates with John McCain that he supported the GOP platform, which advocated a constitutional amendment against abortion, although he would prefer that exceptions be made in case of rape, incest and to protect the life of the mother.   The GOP plank does not include those exceptions.  He also indicated to the Economist that he would not work to get such an amendment passed.  Given this history, it is not surprising that he is not interested in spending political capital on the abortion issue now, particularly when his political capital is at an all time low for his presidency.  The majority of his actions on abortion either had bipartisan support or could be done unilaterally by him with little fanfare.  For example, I doubt most Americans know what the Mexico City policy is.

Reminder: Religion Clause blog

Just a reminder:  Professor Friedman's "Religion Clause" blog is an excellent resource for those hoping to keep up with church-state litigation and developments in our courts and around the world.

Tuesday, October 4, 2005

Rob's cynicism

After noting that President Bush said that "of his recollection, he had never discussed abortion with [Miers]," my friend Rob writes, "apparently President Bush doesn't believe that abortion rights are one of the 'crucial issues' of the day."  He also expresses regret that "President Bush's admission that the subject never even came up in his countless conversations with Miers." 

As Rob knows, though, the political reality is that a (pro-life) President is required to say that he or she has no litmus tests, and that a nominee must be able to say that the President appointing him or her did not ask directly about the nominees views on abortion.  (In the same press conference, by the way, where Bush stated that he had not discussed abortion with Miers, he said, "I made it very clear where I stand during the campaign; I'm a pro-life President.")  It does not follow -- at all -- that "apparently President Bush does not believe that abortion rights are one of the 'crucial issues' of the day."  It could just as easily be -- in fact, I am fairly confident that it is the case -- that Bush's frequent invocations of "strict construction" and "no legislating from the bench" are intended to serve, and are understood by all involved as serving, the function of (a) finding out (in a clumsy, coded way) the nominee's views on Roe v. Wade and its reversal, and (b) communicating the President's views on Roe v. Wade and its reversal.

It might also be useful to recall, in response to Rob's cynicism toward the GOP's use of abortion as election issue, the facts about Bush's pro-life record since his election in 2000 (the linked-to list is far too long to reproduce here).  I would urge everyone -- particularly those inclined to think that, on the abortion issue, the Bush administration has not performed markedly different than the alternative administration would have -- to review the list.  It is quite striking.

Now, I do not intend to revisit, in my blogging, the debate we had here in the Fall of 2004 about the election, about how Catholics may or should vote, about how we should weigh and balance all the competing issues.  Nor do I intend, in my blogging, to defend or criticize the Miers nomination.  I believe now, and I believed then, that reasonable people could and can disagree about this.  I'm not telling people how to vote or whom to support.  That said, I do not believe -- and I believe the linked-to list supports my view -- that it can plausibly be denied that the Bush Administration has, within the restraints imposed by the Court, done a great deal, and achieved a great deal of good, on the pro-life front.  The "cynicism" charge is not, I think -- with all due respect to Rob -- supported by the weight of the evidence.

Rick

Mark Noll on the Bible in American Public Life

Mark Noll, leading American historian and evangelical Christian, gave this lecture, "The Bible in American Public Life, 1860-2005," in April at the Library of Congress.  It's a rich account of how the Bible has been variously used in American history by some people at the top (Puritans, presidents) and some people who were or are at the margins (Catholics, Jews, African-Americans).  It contains a wonderful reminder of how the Bible has inspired our greatest orations, from Lincoln's to King's, in both their sustance and their stirring cadences.  The whole thing is very much worth reading, but here are Noll's concluding prescriptions for using the Bible in public life today:

Premise 1: [T]he Bible is true for all people in all times and in all places.

Premise 2: Therefore, the Bible can never be the possession of only one modern nation or of only one faction within a particular nation.

Premise 3: While everything in the Bible can be construed as political, politics can never exhaust, equal, or contain the message of the Bible.

Implication 1: American society would be immeasurably poorer if it was no longer possible to bring the universal message of Scripture to bear on the particulars of American public life as did Abraham Lincoln and Martin Luther King, Jr., with such memorable effect.

Implication 2: Narrow use of the Bible for partisan political advantage violates what the Bible itself says about the dignity of all human beings under God and also what it says about political power as a stewardship bestowed by God for the maintenance of order, the guarantee of justice, and the care of the powerless.

Implication 3: Given the current American situation, the only hope for using the Bible in public life that conforms to the Bible's own message is to employ it humbly, wisely, and on behalf of all people.

Tom

First Things gives in, starts blog

The editors and editorial-board members of First Things have launched a blog, "On the Square."  As Andrew Sullivan once noted, Fr. Neuhaus might well have been, in a way, the first "blogger" with his "Public Square" musings and blog-type entries in the back of the magazine.  (Neuhaus refuses the honor of the designation, however).

Rick