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, January 10, 2007

Thoughts about Amniotic Fluid

What a rather extraordinary conjunction of two amniotic fluid-related news items over the past week. On the one hand, we have the disturbing news of the American College of Obstetricians and Gynocologists' new recommendations that all pregnant women, regardless of all age, undergo prenatal testing (including amniocentesis, if they choose) to help prevent the public health tragedy of letting a baby with Down Syndrome slip through alive into this otherwise perfect world of ours.   On the other hand, we have the enouraging news about amniotic fluid as a possible source of stem cells every bit as filled with medical potential as those hitherto only obtainable by the destruction of embryos.

With respect to the first news item, I wonder if it is really newsworthy.  I don't know if this was just because the fact that I was a lawyer was noted in my medical files, but prenatal testing was strongly encouraged in all my pregnancies, including the ones I experienced before the age of 35.  I'd be curious to hear what kind of experiences the rest of you (or your wives) had in that regard.  I suppose what is most revolutionary about this new proposal is that it is supposed to be less directive about the type of testing offered younger or older women, presumably leading more younger women to have the more invasive (and potentially harmful to the fetus) amniocentesis rather than the less invasive blood tests.  But, honestly, I have rather mixed feelings about that, too.  The blood tests provide only statistical probabilities that the baby has various conditions;  I often wonder how many abortions are performed based on a wrong bet about those statistics.  At least the results of amniocentesis are conclusive.

And with respect to the risks posed by amniocentesis, doesn't this wonderful news about amniotic fluid as the possible source of pluripotent (AND genetically compatible) stem cells provide compelling incentive to work on medical procedures to minimize the risks inherent in the extraction of amniotic fluid? 

(In the interests of full disclosure -- I did choose to undergo amniocentesis before the birth of my third child, based on noninvasive blood tests that indicated a high probability that he had Down Syndrome.  The amnio revealed that he did.  He does.  He's wonderful.   I did not choose to undergo amniocentesis before the birth of my fourth child.  At that time, we didn't feel anything we might learn about her before she was born would be worth any sort of risk.  And in the interests of further disclosure, as I've argued elsewhere (here and here), although I think the knowledge that can be obtained by prenatal testing can be positive and useful, I deplore the genocidal intent that motivates most prenatal testing.)

Lisa

UPDATE:  The news gets better and better.  Carter Snead tells me that the research regarding the derivation of pluripotent stem cells from amniotic fluid "also suggests that the same cells could be obtained from the placenta at birth, thus posing no risk to mother or child."    It seems to me that the case for breeding and harvesting embryos for their stem cells gets weaker and weaker.

Tuesday, January 2, 2007

Signs of Life at Vogue Magazine?

Maybe it's just New Year's optimism, but I am sometimes tempted to wonder whether we're reaching some sort of turning point in the battle to establish a culture of life in the United States.  While getting a haircut just before Christmas, I indulged myself by reading the latest issue of Vogue magazine.  There -- amidst advertisements for $3,690 (!) Gucchi purses, maps of the great fashion houses of Paris, and an article on Christmas gift-giving that pondered, "But how can I spend less than $100 and not feel chintzy, you wonder?  In point of fact, this is almost surpassingly easy." -- I was surprised by two powerful pro-life articles.

One was a tribute to Oriana Fallaci by a journalist named Janine di Giovanni.  Giovanni described how Fallaci had been her model for much of her journalistic life -- and her private life.  Upon reading Fallaci's Letter to a Child Never Born, in which Fallaci explores her tortured feelings about the fact that she never had children, Giovanni wrote:  "I decided I had enough. . .  I flew . . . to meet up with the love of my life, a French reporter I had met in Sarajevo.  For many years, we'd had a tempestuous Fallaci-style relationship -- passionate about our work, but also about each other.  We married a few weeks after I left Baghdad, and barely nine months later, our son, Luca was born.  Seeing how Fallaci had lived -- burning with conviction but with no tranquil private life -- inspired me to change my destiny."

The second article was a haunting story by John Burnham Schwartz about the heartbreak he and his wife experienced during their multi-year quest to have a child.  The article was extraordinary in its focus on the suffering caused by the failure of multiple pregnancies and the imagery he used to describe this suffering.  He begins with this story: 

I have a good friend, a lovely and unfailingly optimistic woman some 30 years older than I am, who over lunch a couple of years ago quietly announced that she'd had seven pregnancies and two beautiful children.  Her faint smile let me know that she wasn't complaining about her history -- on the contrary, she considered herself blessed -- while the flicker of sorrow in her eyes attested to the fact that she would never foget the pain.  I have no memory of my inadequate response, though I remember being shocked.  The numbers seven and two seemed to speak for themselves, the stark difference between them -- that unspoken five -- like a ledger of ghosts suddenly written on our lunch table.  I'd had no idea that beyond her children, both grown into wonderful adults, there had been, long before our friendship, a series of tragically unoccupied places in her family.

And, towards the end of the article, he writes:

Every morning on my way to my third-floor office I stop in for a visit with my son, Garrick, who is eight months old.  I do this just to remind myself; to pray at the altar; to take a whiff of his life.  I think to myself:  If any of the others had worked, we wouldn't have him.  And I can imagine no one but him.  I don't know God very well, but it's my belief that God can imagine no one but him.

In Vogue magazine?  Not one, but two, married couples wanting children? The suggestion that we are all created in the image and likeness of God?  Take a look for yourself, if you can find a copy of the the December 2006 Vogue at your doctor or hairdresser or barber.  It's the one with the picture of Nicole Kidman on the cover, dressed in what looks like a gold-plated bustier.

Lisa

Thursday, December 21, 2006

CLT and Sports Law? or Animal Rights Law?

A question for you theologians:  does the Catholic intellectual tradition offer anything that might help with a discussion of the appropriate regulatory scheme to prevent future tragedies of this type (courtesy of the Andy Borowitz Report)?

Brawl Erupts at Reindeer Games

Rudolph Suspended for Season

The epidemic of sports violence spread to the North Pole last night as a brawl erupted between fans and reindeer at this year’s reindeer games, resulting in the ejection and suspension of Rudolph for the remainder of the season.

The games, a holiday classic that dates back to 1949, had a mostly uneventful history until 2002, the year that beer and other alcoholic beverages first became available for sale at the event.

Since then, fans say, the reindeer games have drawn increasingly unruly crowds who aggressively goad the hoofed creatures with catcalls and obscenities.

“Given how wasted the fans are, it’s amazing that something like this didn’t happen sooner,” said Harlan McDougal, a fan who makes the trip from Pittsburgh every year to see the reindeer play.

Rudolph, who was fined by the league for spitting in the face of Blixen earlier in the season, was the object of the fans’ ire from early in the first period.

“Fans were shouting at him,” Mr. McDougal said. “I didn’t hear everything they said, but let’s put it this way -- they were not shouting out with glee.”

After nearly two periods of such abuse, Rudolph had had enough, prancing into the stands and attempting to gore several fans with his antlers.

Mr. McDougal said that alcohol may have played a role in Rudolph’s violent rampage.

“It was obvious that he had been drinking,” Mr. McDougal said. “Did you check out his nose?”

Elsewhere, as part of a new plan to eradicate the insurgents, President Bush said he favors increasing the number of Taco Bells in Iraq.

Lisa

Tuesday, December 19, 2006

PGD with a twist

Now here's a perverse twist on the pro-life news front, from Lifenews.com.  On the one hand, I applaud this heartfelt respect for the diversity of the types of lives God offers us as examples of his image.  On the other hand, though, I mourn for the selected-out non-disabled embryos presumably not being welcomed by these couples.

Baltimore, MD (LifeNews.com) -- Genetic screening has come under fire from pro-life advocates because parents can use the process to destroy human embryos who carry any disability traits. However, a new study shows that a handful of parents use the screening process to purposefully give birth to children who have disabilities similar to their own.

Scientists at the Genetics and Public Policy Center at Johns Hopkins University are set to publish an article in an upcoming issue of the journal Fertility and Sterility on the subject.

Their publication will discuss how some parents use pre-implantation genetic diagnosis, or PGD, to screen for human embryos who have the same flawed genes.

Susannah Baruch and her colleagues, according to a New York Times report, surveyed 190 American PGD clinics and found that three percent of parents intentionally used PGD "to select an embryo for the presence of a disability."

Baruch says some parents don't see the conditions as disabilities or want their children to have an appreciation of the kind of disabilities they endure.

While critics may deride such decisions as intentionally trying to cripple children, it's nothing new.

The Washington Post in 2002 profiled a deaf lesbian couple who set out to have a deaf child by purposefully soliciting a deaf sperm donor.

"A hearing baby would be a blessing," Sharon Duchesneau told the newspaper at the time. "A deaf baby would be a special blessing."

However, some fertility clinics told the Times they find such practices unacceptable.

Robert Stillman of the Shady Grove Fertility Center in Rockville, Maryland, denies allowing parents to screen specifically for deafness or dwarfism.

"In general, one of the prime dictates of parenting is to make a better world for our children," he said. "Dwarfism and deafness are not the norm."

Yury Verlinsky of the Reproductive Genetics Institute in Chicago also refuses such requests and told the newspaper, "If we make a diagnostic tool, the purpose is to avoid disease."

Lisa

Tuesday, December 12, 2006

Sloth vs. Greed?

Eduardo raises an intriguing question about the lack of "traction" in our culture for arguments that cast the dangers of working too hard in moral terms.  What about the vice of greed, or avarice, as the counterpart to sloth?  Surely greed could be understood more broadly than simply the desire for material wealth or gain;  wouldn't it also encompass the desire for power or admiration or control or SSRN downloads that motivates people to voluntarily work far more than the balance of obligations in most people's lives would naturally dictate?   I'd propose to add a pinch or two of "pride" and "idolatry" to the notion of greed.  What might we call that?

Lisa

Friday, December 8, 2006

More on Mary: Some Quotes and a Poem

With apologies in advance to all the theologians, I just want to add another thought from a non-theologian trying to make sense of Mariology in general, and, especially today, of the Doctrine of the Immaculate Conception.  I'm currently trying to work through a collection of writings by Pope Benedict XVI and von Balthasar gathered in Mary:  Church at the Source for a reading group formed out of last June's meeting of Catholic legal scholars at Fordham.  The richness and depth of the ideas suggested by these readings is overwhelming.  Quoting Newman:  "When once we have mastered the idea that Mary bore, suckled, and handled the Eternal in the form of a child, what limit is conceivable to the rush and flood of thoughts which such a doctrine involves?"  I probably should have started with Michael S.'s recommendation, The Complete Idiot's Guide to Mary of Nazareth, but I didn't...

What is emerging from my reading, though, is the emphasis that both Benedict and von Balthasar place on the theological significance of Mary's "Yes" to God (and the doctrine of the Immaculate Conception) for both Christology and ecclesiology.  The probably much more accessible essays offered by Rob and Rick both made the same point about the significance of the Immaculate Conception that Benedict makes in the book I'm reading: 

Without this free consent on Mary's part, God cannot become man.  To be sure, Mary's Yes is wholly grace.  The dogma of Mary's freedom from original sin is at bottom meant solely to show that it is not a human being who sets the redemption in motion by her power; rather, her Yes is contained wholly within the primacy and priority of divine love, which already embraces her before she is born.  "All is grace."  Yet grace does not cancel freedom;  it creates it.  The entire mystery of redemption is present in this narrative and becomes concentrated in the figure of the Virgin Mary:  "Behold, I am the handmaid of the Lord; let it be to me according to your word" (Lk 1:30).

Von Balthasar addresses the Christological significance of the Doctrine: 

As Christ's mother, Mary seems to enjoy a prius that no one else can equal.  But let us not forget that she got this prius, not from her physiological motherhood taken in isolation, but from her total personal attitude of faith as perfect readiness to serve.  And where does she get this faith if not from the grace that God communicates to the world thorugh the work of Jesus Christ?  Mary is, then, as much redeemed as everyone else is, only in a special way grounded in her mission to become the Mother of Jesus.  She is 'pre-redeemed' so that she can give birth to the Redeemer.

And Benedict addresses its ecclesiological significance:

At the moment when she pronounces her Yes, Mary is Israel in person; she is the Church in person and as a person.  She is the personal concretization of the Church because her Fiat makes her the bodily Mother of the Lord.  But this biological fact is a theological reality, because it realizes the deepest spiritual content of the covenant that God intended to make with Israel.

And, in a wonderful essay on the encyclical Redemptoris Mater, Benedict expands on the significance of Mary's maternity to the birth of the Church:

"...Mary's maternity is not simply a uniquely occuring biological event;  . . . she was and, therefore, also remains a mother with her whole person.  This becomes concrete on the day of Pentecost, at the moment of the Church's birth from the Holy Spirit:  Mary is in the midst of the praying community that becomes the Church thanks to the coming of the Spirit.  The correspondence between Jesus' Incarnation by the power of the Spirit in Nazareth and the birth of the Church at Pentecost is unmistakable.  'The person who unites the two moments is Mary."

So many quotes (I apologize), but the point I am trying to make is simple -- the Doctrine of the Immaculate Conception is, I think, as significant for making sense of the possibility of the birth of the Church as it is for making sense of the possibility of the birth of Jesus.

Theologians are probably cringing at the mash I'm making of this, so let me try to atone by sharing a favorite poem about Mary, by Rainer Maria Rilke.  Yes, I know, its title refers to a different Marian feast day, but it's still relevant (and beautiful).

The Annunciation

Not the angel entering frightened her

(take note of this).  However little others

startled at a sunbeam or the moon at night

peering into their room, she was

filled with indignation

at the form in which the angel

came; she scarcely knew

that such a sojourn for angels required effort.

(Oh, if we knew how pure she was.

Did not a hind lying in a forest once glimpse her, unable to take its eyes off her

so that, without pairing, a unicorn was conceived,

a creature made of light, the purest of creatures.)

Not his entering, but that he,

an angel with a young man's face,

bent closely down to her; that his gaze

and her raised eyes collided

as if suddenly outside all were empty,

and what millions saw, did, carried,

cramped into the two of them: just she and he;

looking and looked at, eye and feast for the eyes

nowhere but here at this point:  behold,

this frightens.  And they were both frightened.

Then the Angel sang his song.

Lisa

Wednesday, November 29, 2006

The distinction between loving and killing

Yesterday on the First Things blog Wesley Smith posted a striking comparison of two ways of looking at the life of a child with Down Syndrome -- that of an actual parent loving such a child (Simon Barnes, chief sports writer for the London Times) and that of Peter Singer.  Smith closes his remarks with the powerful claim that, "The choice we make about these contrasting paths will determine whether we remain a moral society committed to the pursuit of universal human rights."

Because I can't figure out how to link directly to Smith's comments (and because they are so wonderful) I'm pasting them below.  I also encourage you to read Barnes' whole article.

November 28, 2006

Wesley J. Smith writes:

Like Fr. Neuhaus, I too was taken with the article “I’m Not a Saint, Just a Parent” by Simon Barnes in the Times of London. It recalled to my mind a speech I gave several years ago to a medical school in which I urged the students to always look at their patients through the lens of universal moral equality.

After the speech, an earnest young man approached me. “I am a genetic counselor,” he said. “What am I supposed to do when I meet with a woman carrying a baby with Down syndrome? I mean, I have to counsel her.” I suggested that perhaps he could bring in parents who have actually lived the experience of parenting a child with Down to keep the “counseling” from becoming a one-way street.

Barnes’ loving tribute to parenting a Down child is precisely the kind of input that I had hoped the earnest young genetic counselor could provide to his clients. Five-year-old Eddie has Down syndrome, and Barnes reports that he “is not to be pitied” for having to father a disabled child “but to be envied.”

Here are three key paragraphs from Barnes piece:

By the way, I hope you are not too squeamish. This piece is not going to pull any punches. If you find the idea of love uncomfortable or sentimental or best-not-talked-about or existing only in the midst of a passionate love affair, then you will find problems with what I am writing. I am writing of love not as a matter of grand passions, or as high-falutin’ idealism, or as religion. I am writing about love as the stuff that makes the processes of human life happen: the love that moves the sun and other stars, which is also the love that makes the toast and other snacks. Love is the most humdrum thing in life, the only thing that matters, the thing that is forever beyond the reach of human imagination. . . .

What is it like to have Down’s [sic] syndrome? How terrible is it? Is it terrible at all? It depends, I suppose, on how well loved you are. Like most other conditions of life. Would I want Eddie changed? It’s a silly question but it gets to the heart of the matter. Of course you’d want certain physical things changed: the narrow tubes that lead to breathing problems, for example. But that’s not the same as “changed,” is it? If you are a parent, would you like the essential nature of your child changed? If you were told that pressing a button would turn him into an infant Mozart or Einstein or van Gogh, would you press it? Or would you refuse because you love the person who is there and real, not some hypothetical other?

I can’t say I’m glad that Eddie has Down’s syndrome, or that I would wish him to suffer in order to charm me and fill me with giggles. But no, I don’t want his essential nature changed. Good God, what a thought. It would be as much a denial of myself as a denial of my son. What’s the good of him, then? Buggered if I know. The never-disputed terribleness of Down’s syndrome is used as one of the great justifications for abortion: abortion has to exist so that we don’t people the world with monsters. I am not here to talk about abortion—but I am here to tell you that Down’s syndrome is not an insupportable horror for either the sufferer or the parents. I’ll go further: human beings are not better off without Down’s syndrome.

By contrast, let us now consider Peter Singer’s harshly sterile views about the options parents should have if faced with a Down baby. One acceptable answer, Singer asserts in Rethinking Life and Death, is establishing the right of parents to have their unwanted Down child killed if they would prefer not to raise a disabled child:

To have a child with Down syndrome is to have a different experience from having a normal child. It can still be a warm and loving experience, but we must have lowered expectations of our child’s abilities. We cannot expect a child with Down syndrome to play the guitar, to develop an appreciation of science fiction, to learn a foreign language, to chat with us about the latest Woody Allen movie, or to be a respectable athlete, basketballer or tennis player. Even when an adult, a person with Down syndrome may not be able to live independently. . . . For some parents, none of this matters. They find bringing up a child with Down syndrome a rewarding experience in a thousand different ways. But for other parents, it is devastating.

Both for the sake of “our children,” then, and our own sake, we may not want a child to start on life’s uncertain voyage if the prospects are clouded. When this can be known at a very early stage of the voyage we may still have a chance to make a fresh start. This means detaching ourselves from the infant who has been born, cutting ourselves free before the ties that have already begun to bind us to our child have become irresistible. Instead of going forward and putting all our efforts into making the best of the situation, we can still say no, and start again from the beginning.

What a stark difference between the attitudes of these two men toward the weakest and most vulnerable among us, a difference that can be described literally as the distinction between loving and killing. And indeed, for those familiar with Singer’s writing, it is striking how often he writes of satisfying personal desires and how rarely he writes of sacrifice and love. Which, when you think about it, provides vivid clarity about the stakes we face in the ongoing contest for societal dominance between the sanctity/equality of life ethic and Singer’s proposed “quality of life” ethic: The former opens the door to the potential for unconditional love, while the latter presumes the power to coolly dismiss some of us from life based on defective workmanship. The choice we make about these contrasting paths will determine whether we remain a moral society committed to the pursuit of universal human rights.

Lisa

Friday, November 17, 2006

Justifying Infanticide

CNN is promoting an upcoming Sanjay Gupta special on "Happiness and Your Health" with a teaser article that made me think of the Wesley Smith column about growing support for euthanizing disabled newborns that Rob brought to our attention recently.

Smith discussed, among other things, NYT columnist Jim Holt's suggestion that " the decision to kill ill or disabled babies should be governed by “a new moral duty,” namely, “the duty prevent suffering, especially futile suffering.”  Holt writes:  "To keep alive an infant whose short life expectancy will be dominated by pain — pain that it can neither bear nor comprehend — is, it might be argued, to do that infant a continuous injury."

I think that experience with abortion decisions based on prenatal diagnosese of disabilities clearly shows that Smith is right in observing that "The concept of suffering is not limited to pain, but must also take account of “quality of life,” as more liberal advocates of infanticide would surely point out."  Which brings me to the CNN article on happiness.  Although it's light and frothy, it references some serious research that's been done on how people actually living with disabilities are just about as happy as the general population.   Why are these kinds of findings persistently ignored by people trying to justify euthanasia or abortions based on disabilities?

Lisa

Tuesday, November 14, 2006

Writing with Passion

True nerds like me will probably already have seen this in their daily e-mail from Oxford University Press with "Garner's Usage Tip of the Day" (to which you can subscribe at:  http://www.us.oup.com/us/subscriptions/subscribe/?view=usa&view=usa ), but those of you who have lives might appreciate today's "Quotation of the Day":

"Now and then you may be tempted to write passionately for a great cause. You should resist the temptation. A few writers have managed great passion for great causes, but success is rare in passionate writing because so few writers control passion well. Passion becomes bombast if it is angry. It often becomes fulsome sentiment . . . . Few readers are convinced by superheated prose; they are more often embarrassed, and sometimes they are enraged." Richard Marius, A Writer's Companion 19 (1985).

That strikes me as probably true, but, boy, is that hard to remember when you're writing about convictions that stem from your deepest beliefs, isn't it?

Lisa

Sunday, November 12, 2006

Exploring Equity Further

I apologize, Mark, for the inartful way I juxtaposed my questions about what you meant by "equity" with my attempt to explain why I don't think equity arguments alone are going to provide corporations with the incentive to address the gender inequities you obviously appreciate.  It appears we both agree that there are good reasons for corporations to make efforts to restructure something about the way corporations work, and that doing so would most likely eventually have the effect of increasing the number of women on corporate boards, and that this would probably be a good thing.  (But maybe I went to far with the last "and" -- maybe you're not convinced of that.)

Another thing we both seem to agree on is that anyone interested in pursuing this debate needs to work harder at articulating exactly why it would be a good thing to have more women on corporate boards.  On March 16, 2007, the University of St. Thomas Law Journal is hosting a symposium on "Restructuring the Workplace to Accommodate Family Life," providing a forum for thinking through some of these issues.  While the focus of the conference is much broader than the issue of gender inequities in the corporate workplace (we will be addressing topics like just wage, immigration reform, welfare-to-work laws), it will provide an opportunity to explore some of the convergences and tensions between secular feminist legal theory and faith-based complementarity arguments.  Our two confirmed keynote speakers are Joan Williams (whose work on gender inequities in the workplace Mark alluded to in his last post) and Sr. Prudence Allen (author of the two-volume "The Concept of Woman" and thoughtful writer on complementarity).

We haven't yet completely constituted all the panels, so anyone who is interested in exploring these issues, or has suggestions for good contributors, should contact me ([email protected]).  And if you're interested in participating in this discussion, mark your calendar for March 16 and buy some tickets to Minneapolis, where the weather that time of year will alone be enough to make it worth the trip.........

Lisa