As we observe the sad forty-second anniversary of Roe v. Wade, the Supreme Court decision that overturned all state laws banning abortions and effectively served as a judicial death warrant for tens of millions of innocents, I think it is appropriate to pay tribute to the two dissenting Justices, Byron White, a Democrat, and William Rehnquist, a Republican. Here are the texts of their dissents:
MR. JUSTICE WHITE, with whom MR. JUSTICE REHNQUIST joins, dissenting.
At the heart of the controversy in these cases are those recurring pregnancies that pose no danger whatsoever to the life or health of the mother but are, nevertheless, unwanted for any one or more of a variety of reasons — convenience, family planning, economics, dislike of children, the embarrassment of illegitimacy, etc. The common claim before us is that, for any one of such reasons, or for no reason at all, and without asserting or claiming any threat to life or health, any woman is entitled to an abortion at her request if she is able to find a medical adviser willing to undertake the procedure.
The Court, for the most part, sustains this position: during the period prior to the time the fetus becomes viable, the Constitution of the United States values the convenience, whim, or caprice of the putative mother more than the life or potential life of the fetus; the Constitution, therefore, guarantees the right to an abortion as against any state law or policy seeking to protect the fetus from an abortion not prompted by more compelling reasons of the mother.
With all due respect, I dissent. I find nothing in the language or history of the Constitution to support the Court’s judgment. The Court simply fashions and announces a new constitutional right for pregnant mothers [410 U.S. 222] and, with scarcely any reason or authority for its action, invests that right with sufficient substance to override most existing state abortion statutes. The upshot is that the people and the legislatures of the 50 States are constitutionally dissentitled to weigh the relative importance of the continued existence and development of the fetus, on the one hand, against a spectrum of possible impacts on the mother, on the other hand. As an exercise of raw judicial power, the Court perhaps has authority to do what it does today; but, in my view, its judgment is an improvident and extravagant exercise of the power of judicial review that the Constitution extends to this Court.
Let me explain, in as clear and precise terms as I can, why social conservatives are not going anywhere, nor should they go anywhere, but should remain right at the heart of the conservative movement and gain acceptance among libertarians as well, and should reject as the foolish garbage that it is all suggestions to the contrary.
First, our principles are not electoral losers. Leftists believe they are on “the right side of history”, comparing the campaign for “marriage equality” with every civil rights struggle of past eras. They believe that this fact is reflected in the way the youth vote splits and the purported reasons why. At the same time, they gloat and brag about the size of the Democratic share of the minority vote.
The merits of the “marriage equality” campaign don’t need to be discussed here. I’ve discussed them to death on this blog in previous posts. The fact remains that minorities are opposed to “marriage equality.” If Hispanics can be won over to the GOP on the immigration issue, it will put a stop to this “wrong side of history” nonsense for a generation. The uncomfortable alliance between racial minorities who hold socially conservative views and white liberals will finally be blown apart. Unlike them, when racial minorities finally do side with the GOP en masse, we won’t attribute white liberal hatred for them to “racism” (even though it sure looks like it sometimes). This is a battle of values, not skin colors, and a failure to see that is one of the reasons why the white liberal left will never win the future they mistakenly believe to be theirs.
We knew it would come to this, but we weren’t sure until when until the Obama administration announced the contraception mandate; even then, we weren’t sure when exactly it would be explicitly spelled out by the leadership of the Church. I am referring to the U.S. bishop’s recent statement declaring, among other things, the following:
It is a sobering thing to contemplate our government enacting an unjust law. An unjust law cannot be obeyed. In the face of an unjust law, an accommodation is not to be sought, especially by resorting to equivocal words and deceptive practices. If we face today the prospect of unjust laws, then Catholics in America, in solidarity with our fellow citizens, must have the courage not to obey them. No American desires this. No Catholic welcomes it. But if it should fall upon us, we must discharge it as a duty of citizenship and an obligation of faith.
It is essential to understand the distinction between conscientious objection and an unjust law. Conscientious objection permits some relief to those who object to a just law for reasons of conscience—conscription being the most well-known example. An unjust law is “no law at all.” It cannot be obeyed, and therefore one does not seek relief from it, but rather its repeal. (Emphasis added)
In making this statement, the bishops have echoed Pope Leo XIII’s statement in his encyclical Libertas: “But where the power to command is wanting, or where a law is enacted contrary to reason, or to the eternal law, or to some ordinance of God, obedience is unlawful, lest, while obeying man, we become disobedient to God.”
As the New York Times remembers Hiroshima, Richard Fernandez asks us to name the two greatest losses of civilian life in the Pacific war. (“Hint. In both cases the civilian casualties were greater than Hiroshima’s. In one case the event took place on American soil.”)
Meanwhile, Donald Sensing (Sense of Events) thinks it’s past time for Western churches to stop treating Japan as victim every Aug. 6 and 9:
I refuse on principle to pollute God’s ears with prayers dedicated only to Hiroshima Day and the dead of those cities while ignoring the tens of millions of Japanese-murdered souls who cry for remembrance, but do not get it, certainly not from the World Council of Churches and its allies who have no loathing but for their own civilization. If the prayers of the WCC’s service are to be offered, let them be uttered on Aug. 14, the day Japan announced its surrender, or on Sept. 2, the day the surrender instruments were signed aboard USS Missouri. Let our churches no longer be accessories to Japan’s blood-soaked silence but instead be voices for the millions of murdered victims of its bloodlust, imperialist militarism.
(HT: Bill Cork).
Writing at Vox Nova, the author known as “Morning’s Minion” has published a post calling for consistency in the application of canon 915 — the denial of Holy Communion to those who “obstinately persevere in manifest grave sin” — in this particular case, the public advocacy of abortion and torture. The post was occasioned by the recent appearance of Mark Thiessien on Raymond Arroyo’s “The World Over”, in which the duo lobbied vigorously in defense of waterboarding:
I think the analogy is clear. Arroyo and Thiessen are both Catholic public figures, and Arroyo in particular is a TV personality on a Catholic TV channel, making the scandal all the more grave. They are clearly “obstinately persevering” in support for an intrinsically evil act. Worse, they actually try to justify it on Catholic grounds. Thiessen has made it his life’s work to claim that some forms of torture are virtuous. Arroyo, again and again, invites defenders of torture onto his show, and instead of confronting them with clear Church teaching, voices his agreement. As [Archbishop Raymond] Burke says, this is “public conduct” that is gravely sinful. I would go further and argue that it is even more scandalous than support for legalized abortion. Most public supporters of abortion do not go on television extolling the great virtues of abortion for women and society. Their argument is more with how it should be treated under the law. But the Arroyo-Thiessen-Sirico cabal are (i) claiming to the faithful Catholics while (ii) making public pronouncements on the positive value of torture.
Catholic debate over torture (and/or what the Bush administration has termed “extreme interrogation”) has been going strong for several years now. It’s online manifestation initiated — to my recollection — with the publication of Mark Shea’s article in Crisis, “Toying with Evil: May a Catholic Advocate Torture?” and subsequent discussion at Amy Welborn’s, in March 2005. From time to time I’ve personally blogged on the various vollies and controversies between various camps as the debate has asserted itself, time and again, over half a decade (has it really been that long?)
That EWTN (“Eternal Word Television Network”) has hosted two explicit defenses of waterboarding — most recently by Thiessien, as well as Fr. Joseph Sirico of the Acton Institute, not to mention Q&A from Judy Brown of the American Life League questioning whether torture should be considered “intrinsically evil” — does not surprise me in the least. As I noted recently, there has been open dispute as to whether waterboarding constitutes torture from many prominent Catholics, including editor Deal Hudson, Catholic apologist Jimmy Akin, and Fr. Brian Harrison (in the pages of This Rock — the flagship publication of Catholic Answers, the largest largest lay-run apostolates of Catholic apologetics and evangelization in the United States). [Note: Austin Ruse of the Catholic Family and Human Rights Institute, a newcomer to the debate, has likewise made it known in the comments of this post where he stands on the matter].
Little wonder that a Pew Forum survey examining “the religious dimensions of the torture debate” found many white Roman Catholics, along with most frequent churchgoers, affirming that the use of torture against terrorists is “sometimes” or “often” justifiable.
With respect to abortion, readers may recall a number of opportune moments during the 2008 presidential elections when Catholic bishops were obliged to speak out, publicly, forcefully and collectively, in correction of blatantly false presentations of Catholic teaching on abortion by Nancy Pelosi and (then) Senator Joseph Biden.
There have been numerous missed “teaching moments” for our bishops and the Catholic Church on the matter of torture.
Archbishop George H. Niederauer of San Francisco addressed on January 13, 2010 a free will defense of abortion by Nancy Pelosi, Speaker of the House:
In a recent interview with Eleanor Clift in Newsweek magazine (Dec. 21, 2009), House Speaker Nancy Pelosi was asked about her disagreements with the United States Catholic bishops concerning Church teaching. Speaker Pelosi replied, in part: “I practically mourn this difference of opinion because I feel what I was raised to believe is consistent with what I profess, and that we are all endowed with a free will and a responsibility to answer for our actions. And that women should have the opportunity to exercise their free will.”
Embodied in that statement are some fundamental misconceptions about Catholic teaching on human freedom. These misconceptions are widespread both within the Catholic community and beyond. For this reason I believe it is important for me as Archbishop of San Francisco to make clear what the Catholic Church teaches about free will, conscience, and moral choice.
Catholic teaching on free will recognizes that God has given men and women the capacity to choose good or evil in their lives. The bishops at the Second Vatican Council declared that the human person, endowed with freedom, is “an outstanding manifestation of the divine image.” (Gaudium et Spes, No. 17) As the parable of the Grand Inquisitor in Dostoevsky’s novel, The Brothers Karamazov, makes so beautifully clear, God did not want humanity to be mere automatons, but to have the dignity of freedom, even recognizing that with that freedom comes the cost of many evil choices.
When Cardinal George requested that pro-life Republicans vote for the Stupak amendment to the health care bill, he was shaming conservative American legislators that they need to stand up for what they claim in public. Cardinal George discounted reasonable Republican objections that this was just a ploy by Nancy Pelosi to get pro-life Democrats on board knowing full well that all pro-life language would be stripped in the joint chambers conference committee.
Was Cardinal George this naive to fall for this parliamentary trick? Can we assume he isn’t this naive?
No, Cardinal George is not this naive because why would the Vatican choose him to lead a diocese? The Vatican certainly takes its time to make wise and knowledgeable decisions don’t they? The Holy Spirit guides them in their work, granted that this is done primarily through the teachings of the Church. Though we can be reasonable enough knowing that the Vatican wouldn’t choose someone who is incompetent to be a shepherd to his flock.
House Speaker Nancy Pelosi was interviewed in a recent edition of Newsweek, in which she had the opportunity to set the bishops straight on the participation of Catholics in public life.
I think you have had some brushes with [church] hierarchy.
I have some concerns about the church’s position respecting a woman’s right to choose. I have some concerns about the church’s position on gay rights. I am a practicing Catholic, although they’re probably not too happy about that. But it is my faith. I practically mourn this difference of opinion because I feel what I was raised to believe is consistent with what I profess, and that is that we are all endowed with a free will and a responsibility to answer for our actions. And that women should have that opportunity to exercise their free will.
Is it difficult for you to reconcile your faith with the role you have in public life?
You know, I had five children in six years. The day I brought my fifth baby home, that week my daughter turned 6. So I appreciate and value all that they want to talk about in terms of family and the rest. When I speak to my archbishop in San Francisco and his role is to try to change my mind on the subject, well then he is exercising his pastoral duty to me as one of his flock. When they call me on the phone here to talk about, or come to see me about an issue, that’s a different story. Then they are advocates, and I am a public official, and I have a different responsibility.
Fr. John Zuhlsdorf applies the necessary fisking and muses: “I cannot fathom why she hasn’t been told she must not receive Holy Communion. How much more public scandal does she have to give before the bishops of the places where she resides take concrete action?”
My thoughts exactly. Note that she has already received an admonishment from the Holy See and an invitation to “converse” from San Francisco Archbishop George H. Niederauer.
Here is the text of Bishop Olmsted’s letter to President Jenkins (h/t American Papist):
While I am disappointed by President Jenkin’s decision to invite President Obama to speak at commencement, particularly the decision to confer an honorary law degree, I have several questions about this letter:
A lone individual with a sign protesting the second collection for the Catholic Campaign for Human Development sets Vox Nova‘s Morning’s Minion on a tirade against Fr. Neuhaus and evangelicals:
After a moment of confusion, it suddenly dawned on me what this was about. And then I became rather angry. Yes, it was just one “whack-job”, but I was still angry. And then I thought of Fr. Richard John Neuhaus’s partially-successful attempt to align Catholics with the emergent right-wing evangelical movement, and realized that it had come to this. Catholics, including Neuhaus, were lambasting an anti-poverty program because it simply did not fit with the the ideological talking points of the hour.
As Fr. Neuhaus points out, “Ten years ago, CCHD was exposed as using the Catholic Church as a milk cow to fund organizations that frequently were actively working against the Church’s mission, especially in their support of pro-abortion activities and politicians.”
Pointing to the CCHD’s stated principles, including that it “will not consider organizations which promote or support abortion, euthanasia, the death penalty, or any other affront to human life and dignity,” Morning’s Minion dismisses Neuhaus’ concerns:
This is important as many of the critics (including Neuhaus) claim it is funding pro-abortion activities. (Yet again, the mis-use of the abortion agenda as a Trojan horse to further a distinctly less noble cause– will this ever end?)
Unfortunately, Neuhaus’ claim is true — CCHD has a disappointing history of, contrary to its stated principles, providing extensive funding for questionable political groups with agendas morally at odds with Catholic teaching.