Good Job News for Wisconsin

Well, what do you know:

Using seasonally adjusted data, the 12,900 private-sector jobs created in June marks the largest one-month gain in Wisconsin since September 2003. The state’s net new job gain for June is 9,500 jobs, more than half of the nation’s net gain of 18,000 jobs for the same month.

Somehow, I don’t think we can expect any gratitude – or apologies – to Scott Walker or state Republicans from those who’ve been heralding Wisconsin’s complete capitulation to the rich. 

Indisputable Fact: Life Begins at Fertilization (Updated Edition)

In The Party of Death, National Review’s Ramesh Ponnuru writes:
We have developed ways of talking that enable us to pretend that the point can be blinked away. In the case of abortion and embryo research, the main technique is to suggest that there is some great mystery about “when life begins,” and that this alleged question is a religious or philosophical one. Yet science has since solved the mystery. From conception onward, what exists is a distinct organism of the human species. The philosophical question is what we make of that fact. To jumble these issues together—the essentially scientific question of categorizing an embryo as human and living, and the moral question of whether it follows from that categorization that it has a right to life—is a logical error. Justice Blackmun, of course, proceeded in just this erroneous fashion in Roe. And if we are not careful, talking in terms of “meaningful life,” or, as [author Ronald] Dworkin does, of “life in earnest,” can lead us into this error as well.

All of us who read this page were once human embryos. The history of our bodies began with the formation of an embryo. We were those embryos, just as we were once fetuses, infants, children, and adolescents. But we were never a sperm cell and an egg cell. (Those cells were genetically and functionally parts of other human beings.) The formation of the embryo marks the beginning of a new human life: a new and complete organism that belongs to the human species. Embryology textbooks say so, with no glimmer of uncertainty or ambiguity.

That new organism is alive rather than dead or inanimate. It is human rather than a member of some other species. It is an organism distinct from all others. It is not a functional part of a larger organism (the way a kidney is part of a larger organism). It maintains its own organic unity over time. It directs its own development, according to its genetic template, through the embryonic, fetal, and subsequent stages. Such terms as “blastocyst,” “newborn,” and “adolescent” denote different stages of development in a being of the same type, not different types of beings. At each of our earlier stages of life, we have been, as we are now, whole living members of the species Homo sapiens.
(hardcover, p. 77-78)
Ponnuru is correct. It is simply a fact that, once fertilization has occurred, a living, individual human being exists. Among the well informed, there is no real dispute about these facts, and where issues as serious as life and death are involved, there is no excuse for policymakers or commentators to not be well informed. Here are just a few examples of quotes demonstrating as much (sources linked at bottom of post).

Medical Authorities:
“Zygote. This cell results from the union of an oocyte and a sperm during fertilization. A zygote is the beginning of a new human being (i.e., an embryo).” … “[The zygote] marked the beginning of each of us as a unique individual.” (Keith L. Moore and T.V.N. Persaud, The Developing Human: Clinically Oriented Embryology, 7th ed., Philadelphia: Saunders, 2003, pp. 2,16)

“The zygote thus formed represents the beginning of a new life.” (J.P. Greenhill and E.A. Friedman, Biological Principles and Modern Practice of Obstetrics, Philadelphia: W.B. Sanders, 1974, p. 17)

“When fertilization is complete, a unique genetic human entity exists.” (C. Christopher Hook, MD, Mayo Clinic, as quoted by Richard Ostling in an AP news story, 9/24/99)

“The beginning of a single human life is from a biological point of view a simple and straightforward matter—the beginning is conception.” (Dr. Watson A. Bowes, University of Colorado Medical School)
Abortion Advocates:
“I think we have deluded ourselves into believing that people don’t know that abortion is killing. So any pretense that abortion is not killing is a signal of our ambivalence, a signal that we cannot say yes, it kills a fetus.” (Faye Wattleton, President of Planned Parenthood, 1997 Ms. Magazine interview)

“Clinging to a rhetoric about abortion in which there is no life and no death, we entangle our beliefs in a series of self-delusions, fibs and evasions. And we risk becoming precisely what our critics charge us with being: callous, selfish and casually destructive men and women who share a cheapened view of human life…we need to contextualize the fight to defend abortion rights within a moral framework that admits that the death of a fetus is a real death.” (Naomi Wolf, “Our Bodies, Our Souls,” The New Republic, October 16, 1995)

“Whether a being is a member of a given species is something that can be determined scientifically, by an examination of the nature of the chromosomes in the cells of living organisms. In this sense there is no doubt that from the first moments of its existence an embryo conceived from human sperm and eggs is a human being.” (Peter Singer, Practical Ethics, 2nd Edition, Cambridge: Cambridge University Press, 1993, pp. 85-86)
Abortionists:
“If I see a case…after twenty weeks, where it frankly is a child to me, I really agonize over it because the potential is so imminently there…On the other hand, I have another position, which I think is superior in the hierarchy of questions, and that is “who owns this child?” It’s got to be the mother.” (Dr. James MacMahon, Abortionist)

“When you do a D & C most of the tissue is removed by the Olden forceps or ring clamp and you actually get gross parts of the fetus out. So you can see a miniature person so to speak, and even now I occasionally feel a little peculiar about it because as a physician I’m trained to conserve life and here I am destroying life.” (Dr. Benjamin Kalish, Abortionist)

“It [abortion] is a form of killing. You’re ending a life.” (Ron Fitzsimmons, President of the National Coalition of Abortion Providers)

“I have never denied that human life begins at conception. If I have a complaint about our society, it’s that we don’t deal with death and dying. Do we believe human beings have a right to make decisions about death and dying? Yes we do, and those decisions are made every day in every hospital.” (Tim Shuck, Clinic Counselor)

“We know that it is killing, but the states permit killing under certain circumstances.” (Dr. Neville Sender, founder of Metropolitan Medical Service, an Abortion Clinic in Milwaukee, Wisconsin)
There is much, much more where those came from. The following links contain more than enough evidence to prove the humanity of the unborn to any honest person:

Westchester Institute for Ethics & the Human Person: When Does Life Begin? – Scientific exploration of “two central questions concerning the beginning of life: 1) in the course of sperm-egg interaction, when is a new cell formed that is distinct from either sperm or egg? and 2) is this new cell a new human organism—i.e., a new human being?”

Pro-Life on Campus: When Does Life Begin? – Collection of quotes from respected embryology textbooks and scientists, 1981 Senate testimony & report, and admissions from leading abortion advocates

Princeton Pro-Life: Life Begins at Fertilization – Collection of quotes from respected embryology textbooks and scientists

Eternal Perspective Ministries: Abortion Providers comment on whether abortion is the taking of a life – collection of quotes from abortionists who admit that they end lives

Abort73: Medical Testimony – Collection of quotes from respected embryology textbooks and scientists, and admissions from leading abortion advocates

Abort73: Prenatal Development – Detailed exploration of early fetal development

Abort73: Part of the Mother’s Body? – Explanation of how the preborn human is an individual separate and distinct from the mother’s body

Abort73: Are Sperm and Egg Cells Alive? – Explanation of the difference between a zygote and individual sperm or egg cells

Carnegie Stages of Early Human Embryonic Development – Links to extensive fetal development information

WebMD Pregnancy Center – Comprehensive pregnancy information

Baby2See Fetal Development Guide – Week-by-week fetal development information for expecting mothers

Endowment for Human Development: Prenatal Image Gallery Index – Over 200 images through every stage of development


 Abort73: Abortion Pictures – WARNING: Graphic Images


Klan Parenthood: 100 Abortion Pictures – WARNING: Graphic Images

New on RedState – An Open Letter to the Dane County Board of Supervisors Regarding the Smearing of David Prosser

My latest RedState post:

Dear Dane County Board of Supervisors,

I have several questions regarding the letter twelve of you wrote to Justice David Prosser, in which you ask him to take a leave of absence from the Wisconsin Supreme Court until investigators determine whether or not he strangled Justice Ann Walsh Bradley.

First, the Board of Supervisors is not a law enforcement body, nor does it have any role in the oversight of state government. By what principle or standard does pontificating on the incident fall under the purview of Dane County politicians?

Second, I am sure you are aware that multiple sources report that Justice Bradley was the aggressor, and that Justice Prosser merely raised his hands to defend himself. Have you written a similar letter to Justice Bradley, lecturing her on the serious of workplace violence and asking her to step aside until an investigation reveals whether or not the people of Wisconsin can trust her?

Read the rest on RedState.

So, How’s the Economy Doing?

As Tom Blumer explains, not so good. Read the whole thing for the details, but here’s the summary:
So, after considering civilian population growth, employment is a painful 4% worse. Also, after considering population growth, GDP is only 2% better. If you give each factor equal weight (why wouldn’t you?), the economy is 2% worse almost 2-1/2 years after Barack Obama’s term as president began. And this is all before considering the frightening and potentially economy-crippling debt overhang and unprecedented deficits as far as the eye can see that Obama’s stimulus and other programs largely created, which would obviously move the meter even further in the “worse” direction.

New on RedState – The Fate of Independence

My first RedState post:

As many of us celebrated the birth of our nation this weekend, our pride and gratitude were tempered by the fear that America might have a dwindling number of future Independence Days to look forward to. A survey of the political landscape reveals that such pessimism regarding the survival of our Founding principles and institutions is not without cause.

The Left’s cancerous influence over our politics, media, and culture remains widespread, and the Right’s efforts in curing it leave much to be desired:

  • Over one million unborn children are slaughtered every year, yet when the Susan B. Anthony List asks those running to be the nation’s next president for the most basic and mild of pro-life promises, National Review decides they ask too much. Reason’s Matt Welch claims that only 30% of professed libertarians apply their philosophy of liberty and unalienable right to those most in need of their protection.
  • Despite all the this-time-we-really-mean-it promises from Republicans after their 2010 victory, it’s still doubtful that the GOP has the fortitude or savvy to right our fiscal ship. Speaker John Boehner settled for a budget deal that began with far smaller spending cuts than America needs and turned out to be far, far less than even the announced numbers. Signs of further disappointment suggest the GOP still hasn’t kicked its addiction to compromise.

Read the rest on RedState.

Around the Web

A Madison teacher tells her second- and third-graders that Scott Walker’s actions are basically like racial segregation. There’s no other word than evil for someone who tries to make small children, who are much too young to understand the issues behind this debate, hate another human being over reasonable policy disputes through vicious, preposterous lies that no sound-minded adult could possibly believe in good faith. 

Thaddeus McCotter is officially in the presidential race. I’m withholding judgment, but given how underwhelming the rest of the GOP field is, I’m certainly willing to be won over if he’s got what it takes.

Robert Stacy McCain lays the smack down on a richly deserving scumbag with a history of defaming conservatives. If Taylor was sincerely worried about right-wing bloggers who aid America’s moral debasement, he could have started with the pro-choicers. No need to make stuff up.

Glenn Beck says he’s not playing the game anymore, and is ready to revolutionize the news and information system. Or something. I’m still skeptical that adding a subscription fee to what he’s basically already doing is going to do anything but decrease the number of people he reaches, not increase it.

Fox News Channel’s temporary post-Beck show, “The Five,” sounds really, really lame. “Hey, let’s throw together the C-listers we’ve got hanging around the studio anyway and call it a show!” (With apologies to Greg Gutfeld.)

Is Abortion Already Illegal?

Because abortion is ultimately a question of basic human liberty and not just good or bad policy, I have never agreed with those conservatives who think “leaving it to the states” is a sufficient solution to the issue (though it would be far preferable to the anti-democratic status quo forced upon us by Roe v. Wade). I instead support a Human Life Amendment to the U.S. Constitution, to protect the right to life nationwide. States should be able to do many things, but treating certain classes of human beings as property is not among them.
However, until the HLA becomes reality, I have also been wary of banning abortion via an act of Congress, for fear of violating the boundaries of Congress’s enumerated powers under Article I, Section 8 of the Constitution. The 14th Amendment, which was enacted to guarantee political rights to newly freed black Americans after the Civil War, seemed to come close to authorizing Congress to ban abortion, but the language about “all persons born” was always a hang-up for me.
But is that really a barrier? After closer contemplation of the 14th Amendment’s language, I’ve concluded the answer is no. Here are the relevant passages in their entirety:
Section 1: All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
Section 5: The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.
There’s no question that this empowers Congress to prevent states from treating their inhabitants unequally or depriving them of life, liberty or property. But do the unborn count among those inhabitants? Let’s go line by line:
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside.
So whatever else you are, you’re not a US citizen until you’re born.
No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; […]
When taken with the first sentence, this pretty clearly indicates that the unborn aren’t entitled to the full slate of “privileges or immunities” a citizen enjoys. So no guns or voting for fetuses. Sorry.
However, the sentence continues:
[…] nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
“Nor” sets up another set of requirements, separate and distinct from the preceding clauses. Here, the amendment discusses protections applicable to “any person,” not “any citizen.” So while some legal protections and entitlements only come with American citizenship, others apply to every human being within our borders, regardless of their legal status.
This makes perfect sense. Legal rights are merely the terms of an agreement made by a particular group of people in their constitution, whereas natural rights are, according to the Declaration of Independence, God-given qualities possessed by every human being, which cannot be justly denied or violated by anyone.
There are obvious reasons why countries don’t want to have to give foreign nationals exactly the same legal protections and benefits as their citizens—for instance, we shouldn’t have to go through a full-blown jury trial every time we want to deport a violent illegal immigrant. But at the same time, we would never want to set the standard that people can do whatever they want to someone just because he’s not an American.
This certainly seems to fit with the original intent behind the measure—as President Ronald Reagan wrote in his famous essay, “Abortion and the Conscience of the Nation”: 
When Congressman John A. Bingham of Ohio drafted the Fourteenth Amendment to guarantee the rights of life, liberty, and property to all human beings, he explained that all are “entitled to the protection of American law, because its divine spirit of equality declares that all men are created equal.” He said the right guaranteed by the amendment would therefore apply to “any human being.”
If the unborn are people—and from both scientific and philosophical perspectives, they clearly are—then the Constitution already requires that their right to life be protected, even without a new amendment explicitly saying so. Any state that prohibits the murder of fully-grown humans while allowing the murder of those in the womb is unconstitutionally discriminating against the latter.
All right-of-center observers agree that the Constitution doesn’t require the right to abortion, but the understanding I’ve just proposed—that the Constitution actually forbids it—is much rarer. Even Justice Antonin Scalia believes the Constitution is silent on the question. Further, conservatives tend to dislike enacting their policy goals through unelected courts on principle. For these reasons, pro-lifers should continue to support the Human Life Amendment anyway, so that when abortion’s long-overdue end finally does come, nobody can plausibly question its democratic legitimacy. But if we manage to save lives by convincing even a few courts that the right to life is an equal-protection issue, so much the better.

The Sad Spectacle of Chris Wallace vs. Jon Stewart

I don’t know which Chris Wallace Moe Lane was watching, but the one the one I saw on “Fox News Sunday” certainly didn’t “school” Jon Stewart. Not even close. He managed a satisfying zinger or two, but by and large, Wallace let the comedian walk all over him with outrageous and uncontested claims about Fox News.
Wallace first challenges Stewart’s claim that Fox News is a “relentless agenda-driven, 24-hour news opinion propaganda delivery system. Well, Wallace doesn’t actually challenge that statement; he instead asks if Stewart’s willing to say the same of the mainstream media. Why on earth would you let that stand? 
It wouldn’t exactly be difficult to refute. First, you could ask for so much as a single example of Fox’s bias, which Stewart doesn’t do at any point in the interview. Second, you could point out that Fox’s mostly conservative commentary programs are separate from its hard news reporting, which is impartial. Third, you could ask Stewart to explain the high number of liberal hosts and paid contributors on Fox, like Andrew Napolitano, Geraldo Rivera, Shepard Smith, Alan Colmes, Ellis Henican, Juan Williams, Marc Lamont Hill, Susan Estrich, Ellen Ratner, Kirsten Powers, or Bob Beckel. Even Bill O’Reilly is hardly a doctrinaire conservative—the guy believes in global warming, routinely bashes oil companies for “price gouging”, and has been known to trash conservative talk radio for being too anti-Obama for his tastes. Can of the competition boast a comparable number of conservative talent?
Anyway, Wallace instead asked if Stewart would be willing to say the same thing about the mainstream media. Predictably, he wasn’t:
WALLACE: You don’t think the New York Times is a liberal organization?
STEWART: No.
WALLACE: Pushing a liberal agenda?
STEWART: The New York Times, no. I think they are to a certain extent. Do I think they’re relentlessly activist? No. In a purely liberal partisan way? No, I don’t.
The entire hour could have been spent listing examples of the MSM’s left-wing bias, and for Stewart to claim he doesn’t see it is phony on its face. Wallace gave him a recent one: the New York Times and Washington Post’s call for their readers to help them go dirt-digging through Sarah Palin’s recently-released emails. Why pull such a stunt, and why didn’t they do the same with the 2,000-page ObamaCare bill?
STEWART: Because I think their bias is towards sensationalism and laziness. I wouldn’t say it’s towards a liberal agenda. It’s light fluff. So, it’s absolutely within the wheelhouse.
So Fox is a partisan propaganda machine, but their competitors’ misdeeds are merely apolitical grabs at juicy headlines. So it didn’t occur to anyone at the NYT or WaPo that there might be a few sensationalistic tidbits in a 2,000-page piece of legislation that many of its supporters didn’t even read? Can’t Fox’s (alleged, unidentified) misdeeds just as easily be attributed to “sensationalism and laziness”? And if sensationalism alone is the lifeblood of the MSM, then how does Stewart explain the MSM’s lack of interest in, say, the John Edwards love child story? What could be more sensationalistic than a man who was almost Vice President fathering a child with a mistress while his wife was dying of cancer?
Next came some arguing about whether Stewart’s primarily a comedian or an activist, which misses the point—lies are lies, no matter who says them. And regardless of what Stewart labels himself, many of America’s youth do turn to him as their primary source for political news.
The diversion did, however, lead to this incredible nugget from Stewart:
STEWART: You can’t understand because of the world you live in that there is not a designed ideological agenda on my part to affect partisan change because that’s the soup you swim in. And I appreciate that. And I understand that. It reminds me of, you know — you know, ideological regimes. They can’t understand that there is free media other places because they receive marching orders.
Here Stewart is using his own lie about Fox as proof Wallace must be wrong about him. Did Wallace call him out for it? Nope.
Wallace next gave another example of liberal MSM propagandizing: Diane Sawyer leading a hard-news story with an outright lie about Arizona’s immigration law. Stewart’s reaction? “That’s sensationalist and somewhat lazy. But I don’t understand how it’s partisan.” Of course.
Perhaps the biggest moment of the whole interview came a bit later, when Stewart—angrily—asked:
STEWART: In polls, who is the most consistently misinformed media viewers, the most consistently misinformed? Fox. Fox viewers. Consistently. Every poll.
How did Chris Wallace respond to such a brutal, direct attack on Fox News Channel’s credibility?
He didn’t.
Not a word about whether it was true. Instead he changed the subject to raunchiness on Comedy Central. Incredible.
Fortunately, PolitiFact decided it was worth checking, and, unsurprisingly, it turned out to be false:
So we have three Pew studies that superficially rank Fox viewers low on the well-informed list, but in several of the surveys, Fox isn’t the lowest, and other general-interest media outlets — such as network news shows, network morning shows and even the other cable news networks — often score similarly low. Meanwhile, particular Fox shows — such as The O’Reilly Factor and Sean Hannity’s show — actually score consistently well, occasionally even outpacing Stewart’s own audience.

Meanwhile, the other set of knowledge surveys, from worldpublicopinion.org, offer mixed support for Stewart. The 2003 survey strikes us as pretty solid, but the 2010 survey has been critiqued for its methodology. 

PolitiFact’s look at the findings is worth checking out in full, as are takedowns they link to by John Lott and Brent Bozell, but they actually give too much credit to World Public Opinion. Here’s the gist of the 2003 study:
It asked three questions: “Is it your impression that the U.S. has or has not found clear evidence in Iraq that Saddam Hussein was working closely with the al-Qaida terrorist organization?” “Since the war with Iraq ended, is it your impression that the US has or has not found Iraqi weapons of mass destruction?” And whether, “The majority of people [worldwide] favor the US having gone to war.”
The obvious problem is that the first two “wrong” answers aren’t actually wrong. The study’s authors can nitpick about what evidence they think respondents should have considered “clear,” but just because people were confident Saddam had terrorist connections and WMDs doesn’t make them “misinformed”; in fact, the evidence of Iraq’s terror ties and WMD pursuits was more likely to actually get covered at Fox, making their viewers better informed than the MSM’s. The only question Fox viewers really do get wrong is the global opinion one—but anyone who remembers Fox’s coverage of the Iraq War at the time (which I do) can tell you that they didn’t try to whitewash anti-American sentiment; in fact, whether America should “go it alone” was a frequent topic of debate.

So the truth behind Stewart’s big, angry beef with Fox was complete garbage, and where a better interviewer could have used it to completely destroy him, Wallace let him get away with it scot-free.

Three Lousy Objections to Susan B. Anthony’s Pro-Life Pledge…and One Real One

Republican presidential candidates Mitt Romney and Herman Cain have come under fire for refusing to sign the Susan B. Anthony List’s Pro-Life 2012 Citizen’s Pledge, which reads:
I PLEDGE that I will only support candidates for President who are committed to protecting Life. I demand that any candidate I support commit to these positions:

FIRST, to nominate to the U.S. federal bench judges who are committed to restraint and applying the original meaning of the Constitution, not legislating from the bench;

SECOND, to select only pro-life appointees for relevant Cabinet and Executive Branch positions, in particular the head of National Institutes of Health, the Department of Justice, and the Department of Health & Human Services;

THIRD, to advance pro-life legislation to permanently end all taxpayer funding of abortion in all domestic and international spending programs, and defund Planned Parenthood and all other contractors and recipients of federal funds with affiliates that perform or fund abortions;

FOURTH, advance and sign into law a Pain-Capable Unborn Child Protection Act to protect unborn children who are capable of feeling pain from abortion.
Romney’s instead offered his own pro-life pledge, consisting of good-but-mild promises regarding thinks like opposing Roe and backing the Hyde Amendment, and explaining where SBA goes too far:
It is one thing to end federal funding for an organization like Planned Parenthood; it is entirely another to end all federal funding for thousands of hospitals across America. That is precisely what the pledge would demand and require of a president who signed it. 
I could ask why somebody who claims to understand conservative principles and the original intent of the Constitution is so hung-up on ensuring that hospitals continue to receive federal funding, but here it’ll suffice to echo SBA’s reminder that the pledge doesn’t say anything about defunding hospitals, which “has never been considered by Congress [and] is not part of public debate,” and ask why it would be a bad thing to make abortion so radioactive that hospitals know even tangential dealings with abortion providers could risk their access to the public trough. And frankly, the 5% of hospitals that SBA says do perform abortions should be defunded.
The pledge also unduly burdens a president’s ability to appoint the most qualified individuals to a broad array of key positions in the federal government. I would expect every one of my appointees to carry out my policies on abortion and every other issue, irrespective of their personal views.
Actually, the pledge doesn’t cover a “broad array” of federal posts; merely those “relevant” to life issues, namely “National Institute of Health, the Department of Justice, and the Department of Health and Human Services.” Romney says, “oh, my guys will do what I want, regardless of their own views,” but that’s simply not good enough. For one thing, it’s not enough for the president to have confidence in a public servant; the American people must be able to trust that they’ll execute the law the way we voted for. Can anybody seriously say that they’d be comfortable with a pro-abortion Health and Human Services Secretary, even with a self-described pro-lifer in the White House? For another, abortion is a question of basic liberty, so you can’t just separate someone’s position on abortion from his position on other issues and expect someone who thinks it’s okay to let babies be murdered for convenience to be just fine on everything else.

As someone who strongly supported Mitt Romney last time around (a decision I stand by, as the viable alternatives were still worse), this is the most damning evidence yet that he doesn’t truly take the pro-life cause seriously. (Charles Krauthammer and Bill O’Reilly are full of crap on this issue.)

Herman Cain, meanwhile, says his problem was the wording of point four:
I support right-to-life issues unequivocally and I adamantly support the first three aspects of the Susan B. Anthony pledge involving appointing pro-life judges, choosing pro-life cabinet members, and ending taxpayer-funded abortions. However, the fourth requirement demands that I “advance” the Pain-Capable Unborn Child Protection Act. As president, I would sign it, but Congress must advance the legislation.
Cain seems to be alluding to the fact that presidents don’t have a constitutional role in the legislative process until a bill reaches their desk, which is true, but come on. Rejecting an entire pledge because of one word that wasn’t quite precise enough for Cain is awfully nitpicky, even for a disgruntled constitutional purist like me. Cain’s pro-life street cred is far better than Romney’s, but this is just the latest in a string of bungles by Cain that convince me he’s not ready for primetime.

Now that we’ve got the candidates’ crappy reasons for rejecting the SBA pledge out of the way, we must unfortunately turn to a real problem with it that few people have touched upon. David Kopel explains why the Pain-Capable Unborn Child Protection Act may be constitutionally problematic:
The federal version of PCUCPA is S. 314, introduced by Sen. Mike Johanns (R-Neb.). After the definitions section of the proposed statute, the bill states: “Any abortion provider in or affecting interstate or foreign commerce, who knowingly performs any abortion of a pain-capable unborn child, shall comply with the requirements of this title.”

Federal abortion control under the purported authority of congressional power “To regulate Commerce…among the several States” is plainly unconstitutional under the original meaning of the interstate commerce.

Even under the lax (but non-infinite) version of the interstate commerce power which the Court articulated in Lopez,  a federal ban on partial-birth abortion is dubious, as Glenn Reynolds and I argued in a Connecticut Law Review article. Indeed, in the 5–4 Supreme Court decision upholding the federal ban, Gonzales v. Carhart, Justices Thomas and Scalia, who voted in the majority to uphold the ban as not violating the Casey abortion right, concurred to point out “that whether the Act constitutes a permissible exercise of Congress’ power under the Commerce Clause is not before the Court. The parties did not raise or brief that issue; it is outside the question presented; and the lower courts did not address it.”

In other words, if the attorneys who challenged the federal ban on partial-birth abortions had been willing to raise all plausibile constitutional claims, instead of losing the case 4–5 they probably could have won 6–3, by assembling a coalition of 4 strongly pro-abortion-rights Justices, plus Scalia and Thomas on the commerce issue.
Clearly, using the Commerce Clause for authorization is every bit as invalid as when liberals do it. Congress’s power to regulate interstate commerce was meant to prevent the states from placing onerous restrictions on interstate commerce. Using it to justify regulations on abortions that cross state lines violates the spirit of the clause, and using it to justify regulations on abortions that don’t cross state lines violates both the spirit and the letter of the law.

Can the bill be justified on other grounds, though? The Fourteenth Amendment says no state can “deny to any person within its jurisdiction the equal protection of the laws,” and empowers Congress to enforce that promise. As Ronald Reagan famously pointed out, the architect of the Fourteenth Amendment, Rep. John Bingham, said the amendment’s guarantee of “life, liberty, and property” would apply to “any human being.” I think a case can be made that the Fourteenth Amendment gives Congress the constitutional authority to prohibit abortion (more on that later), but then we come across another problem: does a measure designed to merely discourage abortion constitute protecting fetuses?

I’m not sure. (UPDATE: Here’s my first stab at the issue.) As much as I want Republicans to fight abortion harder, I also want them to do it constitutionally. At the very least, pro-life policymakers cannot justify exploiting chinks in the Constitution’s armor first made by the Left. And that the trickier legal issues involved can be vexing even among pro-lifers is all the more reason to support the Human Life Amendment.

Of course, any progress on that front would require statesmen of a higher caliber than Mitt Romney and Herman Cain.

UPDATE II: Ramesh Ponnuru has another, more substantive beef with the pledge: 

But this pledge, taken seriously, would preclude me from voting for Mitt Romney against Barack Obama in 2012 — which is to say, that given these entirely imaginable options, it would preclude me from doing what I can to advance the pro-life cause. (It would have precluded me from supporting Bush over Gore in 2000, too, since Bush made no such commitment on personnel.) It would preclude me from voting for Romney in the primaries even if I believed he offered pro-lifers our best shot at replacing Obama with someone who would appoint good justices to the Supreme Court.

What Is the Libertarian Position on Abortion? UPDATED

That is the question posed by Hot Air’s Ed Morrissey to Reason Magazine’s Matt Welch and Nick Gillespie for their “Ask A Libertarian” video series:

Ed reacts with appreciation for a “measured, thoughtful response.” As you might expect, I’m not so charitable.
No, Ed, this was not a thoughtful response. A thoughtful response would have asked what the scientific evidence reveals about the humanity of the unborn, and the discussed how the answer relates to the nature of liberty (you know, the root word of “libertarian”) and the libertarian purpose of government. Instead, all we got was platitudes about respecting differing views wrapped around, quite frankly, Naziesque talk of a “sliding scale of humanity” and how “definitions of life and death change with time.” Gillespie even admits that the sliding scale is an intuitive idea, rather than a logical argument.
I’ll be the first to acknowledge that there are principled, consistent libertarians out there, like Libertarians for Life, who embrace the full implications of the statements “all men are created equal” and “to secure these rights, governments are instituted among men.” But in what might be the most disturbing part of the video, Welch claims that only about 30% of libertarians call themselves pro-life. If that number is accurate (and I don’t know if it is), then that confirms my worst suspicions about libertarianism being merely a form of liberalism that wants to keep its paycheck rather than a sincere, coherent liberty ethos.
But hey, that moral and intellectual confusion is one of the reasons I’m a conservative and not a libertarian. That’s their knot to untangle, and I hope for the sake of the Right as a broader coalition that pro-life libertarians are successful in untangling it.

UPDATE: Speaking of libertarians and social issues, Ann Coulter nukes Ron Paul and company along similar lines, in a column so good we’ll let slide her misguided infatuation with Chris Christie:

Most libertarians are cowering frauds too afraid to upset anyone to take a stand on some of the most important cultural issues of our time. So they dodge the tough questions when it suits their purposes by pretending to be Randian purists, but are perfectly comfortable issuing politically expedient answers when it comes to the taxpayers’ obligations under Medicare and Social Security.

If they could only resist sucking up to Rolling Stone-reading, status-obsessed losers, they’d probably be interesting to talk to.

In my book “Demonic: How the Liberal Mob is Endangering America,” I make the case that liberals, and never conservatives, appeal to irrational mobs to attain power. There is, I now recall, one group of people who look like conservatives, but also appeal to the mob. They’re called “libertarians.”