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, August 29, 2013

Syria: An Interventionist Questions This Proposed Intervention

I tend to be an interventionist when it comes to American foreign policy and our place and responsibility in the world.  In a dangerous world inhabited by tyrants who abuse their own people and threaten others, the one nation in the world with the greatest power to do something about it has a moral obligation to do something about it ― at least when it can do so effectively.

Of course, military force should be employed only when diplomatic efforts fail ― although diplomatic talks should not become mere cover for a tyrant to buy more time while continuing to massacre his people and shore up defenses against a military engagement.  And, to be sure, discretion and judgment are required, so as to be able to evaluate when the introduction of American force has a good chance of both immediate and long-term success or instead has the potential to make things worse.  I do appreciate that people of good faith and good judgment will make different calls, and indeed many on the Mirror of Justice would conclude that military intervention almost inevitably makes things worse.  Mindful of pragmatic concerns, I nevertheless think it often important to take direct action to achieve clear goals.  As I’ve said before, we should pray for peace ― but we should not accept the false peace of international indifference and passivity.

And I can provide the bona fides to demonstrate that my support for an interventionist foreign policy as a moral foreign policy has not been seasonal, depending on which party occupies the White House.  Being a Republican, I nonetheless praised President Clinton’s intervention for human rights reasons in Kosovo (questioning only the delay and the restriction to an air campaign as allowing too many more innocents to die before the end).  On the Mirror of Justice, I’ve supported President Obama’s intervention for humanitarian reasons in Libya, in a posting I openly titled “Thanking President Obama for Saving Lives in Libya.”  Again, my only criticisms were that the intervention was late in coming and was not sufficiently targeted to remove the tyrant (although fortunately that came later).

Indeed, as part of that earlier posting, I noted that near the end of his life, Pope John Paul II began to establish the case for military intervention for humanitarian reasons:

[A]n offense against human rights is an offense against the conscience of humanity as such, an offense against humanity itself. The duty of protecting these rights therefore extends beyond the geographical and political borders within which they are violated. Crimes against humanity cannot be considered an internal affair of a nation. . . .

Clearly, when a civilian population risks being overcome by the attacks of an unjust aggressor and political efforts and non-violent defence prove to be of no avail, it is legitimate and even obligatory to take concrete measures to disarm the aggressor. These measures however must be limited in time and precise in their aims. They must be carried out in full respect for international law, guaranteed by an authority that is internationally recognized and, in any event, never left to the outcome of armed intervention alone.

All that being said, I am quite uneasy with President Obama’s move toward military force being applied in Syria.  For the life of me (and I fear for the lives of many others in Syria and perhaps in the United States armed forces), I cannot figure out the actual substance of this President’s foreign policy toward Syria or how launching missile strikes or dropping bombs from planes for a couple of days will advance that policy.

Now if President Obama had a coherent Middle East foreign policy that promised to remove the tyrannical Assad regime and now had highlighted the atrocities against civilians including the use of chemical weapons as the immediate provocation for taking more direct steps toward that end, I might well be on board.  But he doesn’t, and he hasn’t.

And it may well be too late.  Two or three years ago, direct American support for the then-largely secular rebel movements might have toppled the Assad regime and replaced it with a moderate government that would resist radicalization and oppose terrorists.  But as the civil war has dragged on and on, as the United States and the so-called “international community” has dithered, and as the civilian population has been battered, slaughtered, and displaced, the opposition to Assad has become radicalized and increasingly composed of extremist elements affiliated with terrorists.

So why are we thinking about doing anything militarily at this point?

Is it just because President Obama feels the need to do something?  As K.T. McFarland writes, “It’s understandable that we want to ‘do something.’”  But that’s no justification for military action.

Is it because President Obama has laid down so many “red lines” that keep being crossed that he has boxed himself into a corner from which he cannot now escape?  George Will cynically writes that military intervention here “will not be to decisively alter events, which we cannot do, in a nation vital to U.S. interests, which Syria is not.  Rather, its purpose will be to rescue Obama from his words.”  Now I don’t share George Will’s view that it is not possible to “decisively alter events” (although it certainly is much more difficult now after years of delay).  But surely few believe that the limited military response that President Obama apparently is planning will actually change the course of events on the ground in Syria.

Is an air campaign over Syria designed to prevent the Assad regime from further use of chemical weapons?  That in itself would be a laudable goal.  But it is far from clear that a quick in-and-out air campaign could have that effect.  For one thing, the present thinking is that American forces could not target chemical weapons caches for fear of their accidental release.  Destroying helicopters might degrade the regime's ability to use chemical weapons, but probably not much.  Chemical weapons can be fired from small mobile missile launchers.  To truly be sure that we had eliminated chemical weapons, we probably need boots on the ground.  And President Obama will not take that bold step.  No one believes that option is even on the table.

In sum, I hear lots of strong words emanating from the White House about lines being crossed, and international law being violated, and messages needing to be sent.  But I hear very little that hangs together as a strategic policy for Syria generally or a specific plan of military action that makes a difference.  A couple of days of bombings simply doesn’t qualify.

So, for now at least and until a better policy and plan are articulated, count me as one interventionist who says ― not this time, not this place, and not for this reason.

Friday, August 16, 2013

The Return of Prosecutorial Discretion? Attorney General Holder and the War on Drugs

The ABA Journal trumpets Attorney General Holder's announcement of a change in prosecutorial behavior toward those charged with drug crimes as a "Sweeping reversal of the War on Drugs" (here).    

Rather than something new or novel, however, this simply heralds the return of something old and long-neglected:  prosecutorial discretion.

As reported by the ABA Journal, speaking to the ABA House of Delegates, Mr. Holder addressed the problem of over-incarceration for non-violent offenses by outlining a new program:

The new "Smart on Crime" program will encourage U.S. attorneys to charge defendants only with crimes "for which the accompanying sentences are better suited to their individual conduct, rather than excessive prison terms more appropriate for violent criminals or drug kingpins," said Holder.

A few nay-sayers (see here) already have attacked the proposal as another example of the Obama Administration's overreaching in unilaterally revising laws with which it disagrees or aspects of which it finds inconvenient.  But this episode is nothing like the more dubious actions of the administration in delaying the statutory deadlines for implementation of various aspects of Obamacare or specially excepting members of Congress and their staffs from being covered by the insurance exchanges in Obamacare as the statute requires -- changes made by administrative fiat without approval by Congress.  (For George Will's cogent summary of the case against the administration on its lawlessness as to Obamacare, see here.)

No legal, moral, or professional obligation requires a prosecutor -- wielding the awesome power of government to subject a person to captivity -- to charge someone whenever a plausible case can be made that he or she has committed a crime, much less to seek the highest charge (with the highest attendant sentence) that the facts could support.  Indeed, there was a time when a prosecutor, as a matter of wise discretion, would choose not to file a charge at all, when the circumstances were extenuating or a criminal solution was not in the best interests of all of those involved in an episode.

In other words, there was a time when the exercise of prosecutorial discretion fairly and impartially was thought to be essential to the promotion of justice (just as was the regular exercise of executive clemency to ameliorate the harshness of the law -- but the story of this administration's failure to exercise that power belongs to another day).  (For a five-year-old Mirror of Justice posting on prosecutorial discretion, see here.)

Attorney General Holder is to be commended for taking this step as leader of the nation's federal prosecutors.  And in doing so, he is supported by a broad and bipartisan coalition, including Senators Leahy and Durbin, on the Democratic side, and Senators Lee and Rand and former Attorney General Ed Meese, on the Republican side.  While there will be (and already are) those who will castigate this move away from the past policy as a left-wing assault on law and order, a growing number of my fellow conservatives are awakening to the disaster of a policy that has made the United States the world leader in percentage of its citizens being held in custody.

I only wish that Attorney General Holder would apply this new ethos of prosecutorial discretion beyond the low-level drug offender -- and he need look no further than the 15-year sentence recently imposed on Edward Young of Kentucky, who had committed small-time property crimes, for inadvertently possessing seven shotgun shells that he found when helping the neighbor widow dispose of her husband's belongings.  And that irrational charge and sentence was obtained by one of Mr. Holder's United States Attorneys.  The Young case is now on appeal -- and so there is still time for the Justice Department to do the right thing in that case.

I'm also proud to say that my colleague here at the University of St. Thomas School of Law, Nekima Levy-Pounds, has long been one of those decrying prosecutorial overzealousness, mandatory minimum sentences, and the foolish, debilitating, and bankrupt policy of over-incarceration of young, non-violent offenders.  In Professor Levy-Pounds's scholarly work, she has emphasized that current drug-sentencing practices disparately impacts poor women of color and children. For example, she reports that excessive incarceration of African-American women who had a peripheral role in drug offenses wreak havoc on the family and leave children parentless, setting the stage for the next generation of offenders and another cycle of incarceration. You can read her work here, here, and here.  It is gratifying to see her work and that of so many other scholars, attorneys, and public officials of faith and compassion has borne fruit in the new federal prosecution policy.

Tuesday, August 13, 2013

Seven Shot Guns Shells, No Weapons, But 15 Years in Prison

In Sunday’s New York Times, Nicholas Kristof tells a story that capsulizes the insanity of the ongoing and widespread scandal of prosecutorial overzealousness, crushing mandatory minimum sentences, excessive incarceration, and the general decline of true justice in our criminal justice system:  Edward Young, a husband and father of four, who had been convicted of non-violent property crimes in his youth, was convicted and sentenced to 15 years in prison for inadvertently taking possession of seven shotgun shells when assisting the next-door neighbor in inventorying her property after her husband died.

Here's an excerpt from Mr. Kristof’s column, the rest of which is available here:

[A] neighbor died, and his widow, Neva Mumpower, asked Young to help sell her husband’s belongings. He later found, mixed in among them, seven shotgun shells, and he put them aside so that his children wouldn’t find them. . . .

The United States attorney [for the Eastern District of Tennessee], William Killian, went after Young — even though none of Young’s past crimes involved a gun, even though Young had no shotgun or other weapon to go with the seven shells, and even though, by all accounts, he had no idea that he was violating the law when he helped Mrs. Mumpower sell her husband’s belongings.

In May, a federal judge, acknowledging that the case was Dickensian but saying that he had no leeway under the law, sentenced Young to serve a minimum of 15 years in federal prison. . . .

Young is particularly close to his children, ages 6 to 16. After back problems and rheumatoid arthritis left him disabled, he was a stay-at-home dad while his wife worked in a doctor’s office. When the judge announced the sentence, the children all burst into tears.

One more interrupted life and one more dismantled family, for no rational purpose or reason other than because a prosecutor can get a conviction and a long sentence.  The result of these practices is hundreds of thousands of damaged or destroyed lives in this country, both the lives of the men (mostly) and women convicted of non-violent crimes who languish in prison for lengthy terms and the lives of their spouses and children who suffer the trauma of seeing loved ones stolen away for years and lose the support, emotional and financial, of that person.  Talk about a policy that offends "family values"!

For those like me who are on the conservative end of the political spectrum, we should be ashamed of the way in which the politicians that we support have avoided serious engagement with the problem of crime and building a healthy society by advocating and implementing a criminal justice system that constantly ratchets up prison sentences.  Yes, we should be tough on crime, especially violent crime, but justice must be tempered with mercy or at least common-sense appreciation of the greater harm to young men and women who grow up without parents because they have been shipped off to remote prisons for petty and non-violent offenses.

And those on the political left are not off the hook.  While the scourge of mandatory minimum sentences and no-tolerance prosecute-to-the-limit policies may have originated primarily with conservatives, liberals have been oh so quick to demonstrate their tough-on-crime bona-fides by voting for and implementing the same policies.  Notably, the prosecution of Edward Young for innocent possession of seven shot gun shells and subjecting him to a 15-year prison sentence was the work of United States Attorney William Killian, a long-time Democrat who was appointed by President Obama.  Attorney General Holder may have announced a new policy for federal prosecutors to sidestep mandatory minimums for some crimes, but apparently the memo came too late for Mr. Young.

In sum, we are all complicit in this prosecute-the-highest-charge and imprison-to-the-max ethos that is undermining social justice and dragging down a generation of Americans.

When election season comes upon us again in just a few more months, be sure to ask the candidates what they think about the United States having the distinction of having the highest proportion of prisoners in the entire world (here).  And ask what they intend to do about it.

Whether this is framed as a moral question, which we as Catholics in the legal system must confront, or an economic question, given the huge financial costs of building prisons and housing prisoner, we should not accept the same pablum and unthinking tough on crime rhetoric from those who are entrusted with setting criminal justice policy in this country.

Thursday, July 25, 2013

Bipartisan Effort by Politicians to Enhance Human Dignity -- Yes, It's Really True!

For those who cynically believe that our elected officials are hopelessly divided by party and generally focused on materialistic concerns that fail to consider higher ideals, yesterday's vote in the House of Representatives to restrain surveillance of Americans by the National Security Agency is an example of the best in political deliberation and courage.

As the New York Times reports (the whole article is available here):

The 205-to-217 vote was far closer than expected and came after a brief but impassioned debate over citizens’ right to privacy and the steps the government must take to protect national security. It was a rare instance in which a classified intelligence program was openly discussed on the House floor, and disagreements over the  program led to some unusual coalitions.

Conservative Republicans leery of what they see as Obama administration abuses of power teamed up with liberal Democrats long opposed to intrusive intelligence programs. The Obama administration made common cause with the House Republican leadership to try to block it.

I've blogged previously here at Mirror of Justice about why we should be gravely concerned about our government collecting massive amounts of information, from which government agents could assemble a detailed dossier on a person, thus effectively treating all of us as future criminal suspects.  Catholic teaching affirms the moral weight of privacy and confidentiality, as a matter of respect for human dignity.

Although the political leadership of both parties -- from President Obama to House Speaker Boehner -- would prefer that we simply fall in line and accept that the NSA's sweeping surveillance is good for us, the vote in the House shows that a growing number of our representatives, responding to a growing number of Americans, are demanding a thorough examination and a full-fledged debate.  We will hear more in the future.

Monday, July 15, 2013

Relationship as the Antidote to Stereotype

In our recently-published empirical study of religious freedom cases brought in the federal courts, Michael Heise and I found that American Muslims have been at a distinct and substantial disadvantage in raising free exercise claims.  Gregory C. Sisk & Michael Heise, Muslims and Religious Liberty in the Era of 9/11: Empirical Evidence from the Federal Courts, 98 Iowa Law Review 231 (2012) (here).  Holding other variables constant, the likelihood of success for non-Muslim claimants in religious free exercise claims was 38 percent, while the probability of success for Muslim claimants fell to 22 percent.  In sum, Muslim claimants had only about half the chance to receive accommodation that was enjoyed by claimants from other religious communities.

Turning from statistical analysis to interpretive evaluation, we suggested that the most likely explanation for the Muslim disadvantage was the often subconscious perception by many of us that followers of Islam pose a security danger to the United States, especially in an era of terrorist anxiety.  Sociologist Stanley Cohen originated the term “moral panic,” defined  as when a “condition, episode, person or group of persons emerges to become defined as a threat to societal values and interests [and] its nature is presented in a stylized and stereotypical fashion.”  We fear that we have been experiencing such a "moral panic."  Indeed, we argue that the persistent uneasiness of many Americans about Muslims poses a new threat to religious liberty.

The negative image of Islam and its followers in America, sadly accepted by a substantial segment of our society, bears little resemblance to reality.  As reported by the Pew Research Center in 2007 (here):

A comprehensive nationwide survey of Muslim Americans finds them to be largely assimilated, happy with their lives, and moderate with respect to many of the issues that have divided Muslims and Westerners around the world.  Muslim Americans are a highly diverse population, one largely comprised of immigrants.  Nonetheless, they are decidedly American in their outlook, values, and attitudes.  Overwhelmingly, they believe that hard work pays off in this society.  This belief is reflected in Muslim American income and education levels, which generally mirror those of the general public.

A larger percentage of Muslims (71 percent in 2007, 74 percent in 2011) than the general American public (64 percent in 2007, 62 percent in 2011) has adopted a strong work ethic and believes people can move ahead through hard work.  (Pew Survey 2007; Pew Survey 2011).  Muslim American women are highly educated, second only to Jewish women in that regard, and Muslim Americans have the highest level of gender pay equity. Overall, more than three-quarters of Muslims in the United States report that they are happy or satisfied with their lives.  A more recent poll found that, among all religious groups, Muslim Americans are the most optimistic about their future.

Nonetheless, negative stereotypes persist.  Why?  Poll results and statistics -- knowledge divorced from relationship -- are unlikely to bring us all the way home.

As psychology Professor Seymour Epstein explains, each of us “apprehends reality in two fundamentally different ways, one variously labeled intuitive, natural, non-verbal, narrative, and experiential, and the other analytical, deliberative, verbal, and rational.”  Psychology Professor and Nobel laureate in economics Daniel Kahneman describes “System 1” as “operating automatically and quickly, with little or no effort and no sense of voluntary control,” while “System 2,” which is our “conscious reasoning self” gives “attention to the effortful mental activities that demand it.”

Despite being an integral and often beneficial side of our personality, Epstein warns that the experiential system is “[m]ore crudely differentiated” and lends itself to “stereotypical thinking.” 

But while a tendency toward stereotypical thinking about our fellow human beings may be somewhat hard-wired into our brains, psychology Professor Albert Bandura emphasizes that “[t]he capability to reflect upon oneself and the adequacy of one’s thoughts and actions is [an] exclusively human attribute.”  In rough terms, while our animal instincts may prompt us to be suspicious of others who are different than we are, our human capacity grants us the gift of reflection and reconstruction and empathy.

Epstein advises that a person may “improve [the experiential system] by providing it with corrective experiences.”  A group of law and psychology scholars in a recent article with Professor Jerry Kang as lead author urges us to counter harmful subconscious prejudices by “engage[ing] in effortful, deliberative processing.”  Professor Kang and his scholarly associates refer to this “potentially effective strategy” to reduce the impact of implicit biases as “expos[ing] ourselves to countertypical associations.”

In sum, we are talking about “relationship.”  When we are making decisions about people, fundamental fairness and respect for human dignity demands that we make individual and rational judgments.  And we are more likely to do so when we know people, when we expand our circle of friends and neighbors and associates and students.

As lawyers, law professors, and law students, our professional work is about relationships.  I just returned weekend before last from an important conference on professional formation hosted by the Holloran Center at the University of St. Thomas School of Law.  A key theme was that clients are not problems to be solved but people to be served.  Moreover, as legal educators, we must remember that the most effective instruction is one built on relationships in a diverse classroom community.

In his first encyclical this past month, Pope Francis reminds us that relationship is at the heart of our Catholic faith.  In the Old Testament, God reveals Himself to Abraham by calling him by name: “God is not the god of a particular place, or a deity linked to specific sacred time, but the God of a person, the God of Abraham, Isaac and Jacob, capable of interacting with man and establishing a covenant with him. Faith is our response to a word which engages us personally, to a ‘Thou’ who calls us by name.”  In the New Testament, we are called to a relational faith through “the person of Christ himself, who can be seen and heard.”

These words of Pope Francis should resonate all of us who are saddened by societal divisions and the stain of harmful stereotypes:  "Persons always live in relationship. We come from others, we belong to others, and our lives are enlarged by our encounter with others.”

 

Wednesday, June 19, 2013

Niall Ferguson on "The Regulated States of America"

Recalling Alexis de Tocqueville's praise of American preference for building voluntary associations to work together rather than relying on government, Niall Ferguson writes in the Wall Street Journal that modern American has become "Planet Government."  The suffocating effect is not only felt in the economic sphere but in the decline of intermediary associations on matters of religion and morality, charity and community.  It is no accident that nations (and states within the United States) with the largest governmental sectors also become nations (and states) with the lowest levels of charitable giving and of religious faith.

The column ends with a prescient quote from de Tocqueville -- and one can readily substitute "spirit of faith" or "spirit of community" for "spirit of free enterprise here:

Tocqueville also foresaw exactly how this regulatory state would suffocate the spirit of free enterprise: "It rarely forces one to act, but it constantly opposes itself to one's acting; it does not destroy, it prevents things from being born; it does not tyrannize, it hinders, compromises, enervates, extinguishes, dazes, and finally reduces [the] nation to being nothing more than a herd of timid and industrious animals of which the government is the shepherd."

Monday, June 10, 2013

Should We be Troubled about the “Surveillance State”?

Catholic teaching affirms the moral weight of privacy and confidentiality, as a matter of respect for human dignity.  As the Catholic Catechism says, even beyond the special protection of professional secrets, “private information prejudicial to another is not to be divulged without a grave and proportionate reason.”

Having now been identified in The Guardian as the “whistleblower” on the National Security Agency’s (NSA) surveying data from internet traffic, 29-year-old defense contractor employee Edward Snowden says that he was willing to sacrifice his high-paying job and a comfortable life in Hawaii “because I can’t in good conscience allow the US government to destroy privacy, internet freedom and basic liberties for people around the world with this massive surveillance machine they’re secretly building.”

Others have responded that this is much ado about nothing, with little danger to privacy.  As one commentator assures us, “Calm down, folks. Big Brother is not watching you.”

Still, as more comes to light about the secret surveillance programs, such assurances are increasingly less than reassuring.

At first we were told that only metadata was being collected about international telephone calls -- lists of phone numbers called from another phone number, etc.  Probable cause would have to be shown to obtain a court warrant before anyone could actually listen in on a telephone conversation -- although apparently only if national security personnel concluded that someone inside the United States was on one end of the call.

But then we learned that internet databases are being mined by the NSA, producing a massive central collection of data that may include all Americans, as well as foreign individuals.  While the only legitimate targets for data searches may be foreign individuals and foreign internet communications, the large national security fishing net sweeps up Americans as well.  We are promised that domestic fish will be tossed back into the virtual sea.

In an editorial more than a decade ago, criticizing the Bush Administration’s similar “Total Information Awareness” program, Ben Stone (the head of the Iowa Civil Liberties Union) and I argued:

When law enforcement has a particular reason to suspect that an individual is violating the law, the government always has had the option of obtaining a search warrant or issuing a subpoena to secure information crucial to an investigation of an actual crime, including obtaining consumer information from credit-card issuers about recent charges on cards, from internet service providers about activities on computers, etc.

But the government may gather that information only when it has a basis to believe that an identified person is engaged in criminal activity.  To allow the government to assemble a detailed dossier on everyone in advance is to treat every American as a criminal suspect.

Nor am I much comforted by the supposed reservation of this database to targeting foreign individuals for national security reasons.  We are told the government may trove through its comprehensive data collection for information on an individual only if it believes that person is foreign.  The data sifting methods supposedly “are designed to produce at least 51 percent confidence in a target’s ‘foreignness.’" By that measure, a rather large and non-trivial percentage of the specific individualized data profiling ends up being assembled (mistakenly we are told) on Americans.

Continue reading

Monday, April 29, 2013

Gosnell, Late-Term Abortions, and the Abortion Culture of Infanticide

The mainstream media is now devoting some attention to the trial of late-term abortionist Kermit Gosnell, who is charged with homicide for cutting the spinal columns of moving and squealing babies born alive during abortion procedures.  And, at long last, questions are now being raised about whether such practices along with infanticide attitudes are more prevalent in the abortion industry.

In recent weeks, we've learned about:

* Florida legislative testimony by a Planned Parenthood lobbyist in Florida responding to a question about a baby struggling for life after a botched abortion by saying that the decision should be left to the woman and her physician (here).  (Planned Parenthood of Florida later walked back that answer, but remains opposed to legislation directing medical efforts to save the life of a baby born alive during an abortion procedure.)

* An undercover video inside a New York abortion clinic in which a staff member explained that if an aborted baby were still moving after a late-term abortion, the clinic would place "it" in a jar of "solution" and "the solution will make it stop" (here). (The full video shows that an abortion counselor in the clinic said that in the unlikely event the baby was breathing after the procedure, the physician would attempt to save it.  The clinic has not explained why a long-time staff member had a very different answer -- and a very disturbing attitude.  Nor has the clinc explained why the life of a viable unborn baby should turn on whether it was killed before, during, or after a late-term abortion.) 

* A Washington, D.C. abortionist who was caught on tape saying that, in the unlikely event that a baby was born alive, "we would do nothing to help it" (here).  (This abortionist also pulled back a little on his candid taped remarks to assure reporters that he would call 9-1-1 but take no extraordinary efforts to save the baby.  He also provided no explanation for why death of the same baby outside the womb should be treated any differently than terminating it first inside the womb.)

A broader group of individuals is now asking questions about the culture of infanticide perpetuated by the abortion industry, including the efforts by Planned Parenthood and its allies, supported by its presidential patron Barack Obama, to vociferously oppose legislation prohibiting late-term abortion, to require medical efforts to save the lives of babies born alive in abortion clinics, or to ensure that full information about the development of the fetus is provided to women coming to abortion clinics.

Melinda Henneberg, writing in the Washington Post, is not opposed to all abortions and would not fall comfortably into the pro-life camp.  But she too is asking tough questions about the abortion culture and wants to at least draw the line at infanticide.  Here are a few excerpts (the full article is here):

While in campaign mode, Obama purported to respect diverse views on the abortion issue. But I detected no such sensitivity in his Friday remarks at Planned Parenthood, where he spoke of “those who want to turn back the clock to policies more suited to the 1950s than the 21st century.  And they’ve been involved in an orchestrated and historic effort to roll back basic rights when it comes to women’s health.”

Abortion, he means, though that word wasn’t in his talk.

Though I do not support a “personhood” amendment, neither am I okay with the Orwellian dodge that it’s not a baby unless and until we say it’s a baby. And I continue to hope that someday, Americans will look back on the twin moral blind spots of infanticide and capital punishment – yes, even for terrorists – and wonder what we were thinking.

But part of the answer, surely, is that we’ve tried not to do a lot of thinking when doing so would prove uncomfortable. Part of the answer, I believe, is right there in what that Bronx clinic worker said to the undercover activist: “I don’t know why you want to know all this; just do it.”

Wednesday, April 17, 2013

Gosnell Abortion Trial: "Pulling Back the Curtain on This Procedure"

Overthe last month, I (here), Rick Garnett (here), and others on Mirror of Justice have protested the news media's virtual black-out in covering the trial of abortionist Kermit Gosnell, accused of murdering newborn babies who survived late-term abortions, as well as causing the death of women in his fraudulent medical practice.

Shamed into introspection, more or less candidly acknowledged, the news media have begun covering the horrific trial in Philadelphia.  Now that attention finally is being paid, what will come of it?

Journalist Carl Cannon writes on realclearpolitics.com about "reproductive rights" as one of journalism's most "sacred cows," and then offers these thoughts on attention being drawn to the reality of abortion as a "procedure":

Gosnell’s actions pull back the curtain on this procedure and allow Americans to contemplate a disquieting prospect: that abortion itself is an inherently violent act, the grisly details of which remain hidden even from the patients in the operating room -- and that if those specifics were truly understood, public support for it would wane.

Let us so hope!  To read more from Mr. Cannon, see here.

Thursday, March 21, 2013

The Philadelphia "House of Horrors" and the Silence of the "Pro-Choice" News Media

On the National Review blog, Mark Steyn in "The Unmourned" comments on the major news media blackout of ongoing developments in the trial of Philadelphia abortionist Kermit Gosnell and what that says about our society and especially about the unwillingness of the mainstream media to highlight any story that contravenes the pro-choice narrative.

Gosnell is one of those doctors willing to perform late-term abortions.  And he also acted to guarantee the result would be a dead baby, even if he had to take additional steps toward that end.  Viable babies aborted alive were regularly and callously terminated in Gosnell's "House of Horrors."

Thank goodness the Philadelphia district attorney finally acted to stop this ongoing atrocity.  And thank goodness for Pennsylvania's law prohibiting abortions after the 24th week.  Remember this episode the next time someone hyberbolically suggests that pro-life advocacy for changes in the law have produced nothing but "failure." If for nothing more than bringing an end to Gosnell's destruction of the innocents, a man who has aborted hundreds of unborn children and regularly practiced infanticide, Pennsylvania's law will have saved more lives than could any proposed national ban on assault weapons, however meritorious the latter proposal might be.

During the trial, Gosnell's medical assistant testified about the practice of killing at least ten babies after they survived the late-term abortion and how Gosnell joked about the gruesome practice.

Medical assistant Adrienne Moton admitted Tuesday that she had cut the necks of at least 10 babies after they were delivered, as Gosnell had instructed her. Gosnell and another employee regularly “snipped” the spines “to ensure fetal demise,” she said.

Moton sobbed as she recalled taking a cellphone photograph of one baby because he was bigger than any she had seen aborted before. She measured the fetus at nearly 30 weeks, and thought he could have survived, given his size and pinkish color. Gosnell later joked that the baby was so big he could have walked to the bus stop, she said.

Needless to say, if this were not an abortionist and if this hadn't occurred in an abortion clinic, this trial would be the lead story on every news channel and at the top of the fold in every newspaper.  Instead of the agonizingly long soap opera trial of Jodi Arias in Arizona for killing her boyfriend, the slaughter of dozens of babies ought to be the story of the day -- no, the story of the year.  Attention must be paid!

 

Medical assistant Adrienne Moton admitted Tuesday that she had cut the necks of at least 10 babies after they were delivered, as Gosnell had instructed her. Gosnell and another employee regularly “snipped” the spines “to ensure fetal demise,” she said.

Moton sobbed as she recalled taking a cellphone photograph of one baby because he was bigger than any she had seen aborted before. She measured the fetus at nearly 30 weeks, and thought he could have survived, given his size and pinkish color. Gosnell later joked that the baby was so big he could have walked to the bus stop, she said.