pro-life

Is Abortion Already Illegal?

Calvin Freiburger 14th Amendment, abortion, civil rights, conservatism, Constitution, constitutional amendments, equality, http://schemas.google.com/blogger/2008/kind#post, Human Life Amendment, judicial activism, judiciary, natural law, pro-life

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.

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

Calvin Freiburger 14th Amendment, abortion, Commerce Clause, conservatism, Constitution, GOP, Herman Cain, http://schemas.google.com/blogger/2008/kind#post, human rights, politics, pro-life, romney, social issues

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

Calvin Freiburger abortion, conservatism, Coulter, evil, government, Hot Air, http://schemas.google.com/blogger/2008/kind#post, human rights, libertarianism, murder, Nazism, pro-life, Reason TV, Ron Paul
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.”

How Not to Discredit Pro-Choicers

Calvin Freiburger abortion, conservatism, dishonesty, health care, http://schemas.google.com/blogger/2008/kind#post, Jill Stanek, lying, politics, pro-choice, pro-life, Salon, social issues

Pro-life blogger Jill Stanek has been critiquing a Salon blogger, Mikki Kendall, who claims she almost died because of a doctor who refused to perform an abortion. Stanek raises some good, important questions about the credibility of Kendall’s story, but she undermines her own work by claiming to have found a smoking gun that’s anything but.

Stanek first highlights this quote from Kendall’s original piece:

I don’t know if his objections were religious or not; all I know is that when a bleeding woman was brought to him for treatment he refused to do the only thing that could stop the bleeding. Because he didn’t do abortions. Ever.

Then Kendall’s follow-up quote:

Some say I should name and shame the doctor that refused to do the procedure. If I knew why he refused I might have done just that, but since I know that there are many possible reasons that he did not do it? I’ve left him to deal with the internal procedures in place.

Stanek’s reaction:

Excuse me? Kendall’s entire Salon story was built upon her accusation that a heartless, negligent, anti-abortion doctor was willing to let her hemorrhage to death rather than provide a life-saving abortion.

And she has now admitted her story was a big, fat, fabricated lie.

Except the quote shows nothing of the sort. At most, Kendall’s latest words admit she doesn’t know the doctor’s motives, whereas she earlier implied that she knew the doctor had personal objections to abortion. That “inconsistency” is shaky enough, but the main problem is that it does nothing to show Stanek’s allegation that Kendall’s story “was a big, fat, fabricated lie.” It doesn’t change any of the much more germane details of the story, like what Kendall’s condition was, whether the doctor did in fact refuse, or whether the incident occurred at all.

Jill Stanek, as well as the folks at NewsBusters who re-posted her piece, simply can’t afford to be so careless when it comes to ensuring the evidence backs up their arguments.

Around the Web

Calvin Freiburger abortion, education, http://schemas.google.com/blogger/2008/kind#post, Malkin, moderate Muslims, polls, pro-choice, pro-life, protest, public schools, Scott Walker, unions, War on Terror

With collective bargaining reform passed, Scott Walker has called off the layoff notices.

If you know anything about the whereabouts of Marizela Perez, please share.

A roundup of on-site reporting of the chaotic takeover of the Wisconsin State Capitol.

Jill Stanek takes a look at the polling data and asks just how controversial being pro-life really is.

At NewsReal, Lisa Graas draws attention to pro-liberty Muslims the media doesn’t want you to know about.

Hope in the Face of an American Holocaust

Calvin Freiburger abortion, Bernard Nathanson, conservatism, evil, future, good, Holocaust, hope, http://schemas.google.com/blogger/2008/kind#post, Justice, morality, pro-choice, pro-life, redemption, social conservatism, social issues
It’s a couple months old, but I recently came across an incredibly powerful essay Kyle-Anne Shiverputs the evil of abortion in stark clarity and historical context. An exerpt: wrote on American Thinker, which
The whole problem with growing up and becoming intellectual is that we stop making the fundamental connections that children innately make.  We stop being able to see the threads of evil for what they really are.  We watch evil morph, change the colors or characteristics of its stripes, and we are fooled.  Again and again mankind is fooled into embracing evil’s new form, even while decrying those who perpetrated evils past.


The child sees clearly the common threads.  The child can connect an evil father with an evil slaver.  The child can see that the evil which ensnared Anne Frank is the same evil that Martin is railing against.  The child discerns that a Jewish life is the same as a black life is the same as a white life is the same as a young life is the same as an old life.  The child could easily, with no prompting whatsoever, see a sonogram and tell you it’s a baby.  The child does not dissemble and rationalize and wish for convenient ignorance. 



To paraphrase Martin, dehumanizing one human being dehumanizes every human being.  And dehumanizing leads inexorably to more and more dehumanizing.  The line between who is on the legal list of those who can be treated as property to be disposed of becomes more and more blurred.  Until doctors are killing live infants with scissors slammed into the backs of their tiny heads.  And intellectualized adults can try to explain the difference to a child who knows better.

And just in case that’s too depressing, you should also check out Robert George’s reflections on the life of Bernard Nathanson, the abortion pioneer who eventually reformed and became a pro-life hero. Nathanson’s story should give us all hope that, if light can transform even the darkest hearts, it can also work on the bleakest times:

There are many lessons in Bernard Nathanson’s life for those of us who recognize the worth and dignity of all human lives and who seek to win hearts and change laws. Two in particular stand out for me.


First is the luminous power of truth. As I have written elsewhere, and as Nathanson’s own testimony confirms, the edifice of abortion is built on a foundation of lies. Nathanson told those lies; indeed, he helped to invent them. But others witnessed to truth. And when he was exposed to their bold, un-intimidated, self-sacrificial witness, the truth overcame the darkness in Nathanson’s heart and convicted him in the court of his own conscience.


Bernie and I became friends in the early 1990s, shortly after my own pro-life writings came to his attention. Once during the question-and-answer session following a speech he gave at Princeton, I asked him: “When you were promoting abortion, you were willing to lie in what you regarded as a good cause. Now that you have been converted to the cause of life, would you be willing to lie to save babies? How do those who hear your speeches and read your books and articles know that you are not lying now?” It was, I confess, an impertinently phrased question, but also, I believe, an important one. He seemed a bit stunned by it, and after a moment said, very quietly, “No, I wouldn’t lie, even to save babies.” At the dinner he and I had with students afterward, he explained himself further: “You said that I was converted to the cause of life; and that’s true. But you must remember that I was converted to the cause of life only because I was converted to the cause of truth. That’s why I wouldn’t lie, even in a good cause.”


The second lesson is this: We in the pro-life movement have no enemies to destroy. Our weapons are chaste weapons of the spirit: truth and love. Our task is less to defeat our opponents than to win them to the cause of life. To be sure, we must oppose the culture and politics of death resolutely and with a determination to win. But there is no one—no one—whose heart is so hard that he or she cannot be won over. Let us not lose faith in the power of our weapons to transform even the most resolute abortion advocates. The most dedicated abortion supporters are potential allies in the cause of life. It is the loving, prayerful, self-sacrificing witness of Joan Bell Andrews and so many other dedicated pro-life activists that softens the hearts and changes the lives of people like Dr. Bernard Nathanson.


May he rest in peace.

Get Conservative

Calvin Freiburger abortion, American Principles Project, conservatism, gay marriage, libertarianism, marriage, pro-life, RINOs, social conservatism, social issues

The American Principles Project has been at the forefront of what I believe to be the most important fight within the Right going on today: whether or not conservatism is going to remain pro-life and pro-family, or if it’s going to degenerate into a slightly less embarrassing version of libertarianism. I’d like to call your attention to their blog, Get Conservative, which has a petition you should sign to voice your support for all of conservatism’s indivisible facets.

ALL Alert: Catholics vs. Catholic Health Association

Calvin Freiburger abortion, ALL, Catholic Church, Catholicism, health care, http://schemas.google.com/blogger/2008/kind#post, pro-life, religion, Religious Left, social issues
This just in, from Michael Hichborn at American Life League:

CATHOLICS URGE BISHOPS TO END RELATIONSHIP WITH CATHOLIC HEALTH ASSOCIATION

Washington, DC (9 February 2011) – American Life League is urging the U.S. Conference of Catholic Bishops to dissolve its relationship with the Catholic Health Association, following a series of reports linking CHA to support for abortion.

American Life League cited the following reasons for the USCCB to end its ties with CHA:

• CHA fully endorsed pro-abortion Obamacare, in direct opposition to the U.S. bishops
• CHA member Catholic Healthcare West gives millions of dollars to pro-abortion, pro-same-sex marriage organizations
• CHA’s recent Chairman of the Board was a “co-architect” in the creation of Healthy San Francisco, which covers birth control and abortion on demand
• CHA president, Sr. Carol Keehan, maintains a duplicitous position in claiming that local bishops have the authority to interpret the U.S. bishops’ ethical and religious directives (ERD), while maintaining that St. Joseph’s Hospital properly applied the ERDs in approving and performing an abortion in 2009.

“It’s clear that CHA is more interested in politics and money than maintaining Catholic teaching,” said Michael Hichborn, director of American Life League’s project, Defend the Faith.

Last month, in an online video report entitled, “Nun-Catholic Healthcare,” ALL revealed that CHA spends one fourth of its annual budget to pay its six highest paid employees, including Sr. Keehan’s $900,000 salary.
 

“When one considers that the mission of the USCCB is to ‘support the ministry of bishops with an emphasis on evangelization,’ maintaining a relationship with a group like CHA can only hinder that mission,” said Hichborn.

American Life League was cofounded in 1979 by Judie Brown. It is the largest grassroots Catholic pro-life organization in the United States and is committed to the protection of all innocent human beings from the moment of creation to natural death. For more information or press inquiries, please contact Jim Sedlak at 540.659.7685.

Happy Birthday, Mr. President

Calvin Freiburger abortion, Abraham Lincoln, conservatism, Founding Fathers, GOP, http://schemas.google.com/blogger/2008/kind#post, human rights, natural law, pro-life, Reagan

Today would have been the late, great Ronald Reagan’s 100th birthday. Many rightfully remember him for his unwavering support of free markets, limited government, and those suffering under Soviet oppression, but here it seems fitting to highlight one aspect of Reagan’s philosophy of liberty that the Right may be in danger of forgetting. In 1983, Reagan wrote a stirring essay called “Abortion and the Conscience of the Nation” which demands to be read in full by all who call themselves conservatives. A key excerpt:

Regrettably, we live at a time when some persons do not value all human life. They want to pick and choose which individuals have value. Some have said that only those individuals with “consciousness of self” are human beings. One such writer has followed this deadly logic and concluded that “shocking as it may seem, a newly born infant is not a human being.”

A Nobel Prize winning scientist has suggested that if a handicapped child “were not declared fully human until three days after birth, then all parents could be allowed the choice.” In other words, “quality control” to see if newly born human beings are up to snuff.

Obviously, some influential people want to deny that every human life has intrinsic, sacred worth. They insist that a member of the human race must have certain qualities before they accord him or her status as a “human being.”

Events have borne out the editorial in a California medical journal which explained three years before Roe v. Wade that the social acceptance of abortion is a “defiance of the long-held Western ethic of intrinsic and equal value for every human life regardless of its stage, condition, or status.”

Every legislator, every doctor, and every citizen needs to recognize that the real issue is whether to affirm and protect the sanctity of all human life, or to embrace a social ethic where some human lives are valued and others are not. As a nation, we must choose between the sanctity of life ethic and the “quality of life” ethic.

I have no trouble identifying the answer our nation has always given to this basic question, and the answer that I hope and pray it will give in the future. American was founded by men and women who shared a vision of the value of each and every individual. They stated this vision clearly from the very start in the Declaration of Independence, using words that every schoolboy and schoolgirl can recite:

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are life, liberty, and the pursuit of happiness.

We fought a terrible war to guarantee that one category of mankind — black people in America — could not be denied the inalienable rights with which their Creator endowed them. The great champion of the sanctity of all human life in that day, Abraham Lincoln, gave us his assessment of the Declaration’s purpose. Speaking of the framers of that noble document, he said:

This was their majestic interpretation of the economy of the Universe. This was their lofty, and wise, and noble understanding of the justice of the Creator to His creatures. Yes, gentlemen, to all his creatures, to the whole great family of man. In their enlightened belief, nothing stamped with the divine image and likeness was sent into the world to be trodden on. . . They grasped not only the whole race of man then living, but they reached forward and seized upon the farthest posterity. They erected a beacon to guide their children and their children’s children, and the countless myriads who should inhabit the earth in other ages.

He warned also of the danger we would face if we closed our eyes to the value of life in any category of human beings:

I should like to know if taking this old Declaration of Independence, which declares that all men are equal upon principle and making exceptions to it where will it stop. If one man says it does not mean a Negro, why not another say it does not mean some other man?

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.”

New on American Thinker – Pro-Abortion Columnist Says Philadelphia’s Dr. Death Thrived Because Abortions Aren’t Available Enough

Calvin Freiburger abortion, abortionists, American Thinker, crime, evil, http://schemas.google.com/blogger/2008/kind#post, Obama, Planned Parenthood, pro-life
My latest commentary, posted at American Thinker:

Finding a pro-choice spin to the horrific charges against abortionist Kermit Gosnell — “eight counts of murder in the deaths of a patient and seven babies who were born alive and then killed with scissors” — seems like an awfully tall order, but left-wing author Michelle Goldberg is going to give it a try anyway.


Her latest Daily Beast column opens by declaring that if Gosnell “is guilty of even a fraction of the carnage he’s been charged with, he should spend the rest of his life in prison,” but goes on to argue that not only is his office not representative of the average abortion clinic, but that his crimes actually demonstrate why abortion needs to be more widely available, more respected, and even subsidized:
“[T]he difference between this gruesome killing machine and a ‘safe’ clinic is aesthetics, really,” wrote Lori Ziganto in RedState.com. “There is no denying the horror of what was found in this ‘doctor’s’ office. But it happens in every abortion clinic across the land.”


She’s completely wrong. Gosnell’s clinic was in no way representative of most abortion facilities, which is why the country’s largest organization of abortion providers, the National Abortion Federation, refused him membership and testified against him to the grand jury.
That’s nice. But it misses the point, which would have been clear if Goldberg had quoted Ziganto’s next few sentences:
Sticking a scalpel in a baby’s neck in utero has the same result as sticking it in the neck with scissors outside the womb: Death.


In this case, people can visualize the actual babies, as they were horrifically kept in jars and bottles. In “safe” clinics, they are hidden away in haz-mat disposals or chopped up into tiny pieces before being sucked out of their mother’s womb and disposed of like trash. Hidden away, allowing people to blind themselves to what is actually happening. It is easier to remain blissfully ignorant and ignore the fact that a baby is a baby, in utero or out.
The “blood on the floor,” the “stench of urine fill[ing] the air,” the “cat feces on the stairs,” and the “[s]emi-conscious women” waiting “on dirty recliners covered with blood-stained blankets” may be unique horrors, but the other things that make Gosnell’s death den seem worse than a “nice, clean” abortion clinic are morally insignificant. If you’re stabbing a baby’s spinal cord, it doesn’t matter where the baby’s body is located. It doesn’t matter how you store or dispose of the remains. You still killed a child.


(Indeed, back in Illinois, President Barack Obama didn’t see the difference-he thought full-term babies should be equally killable before and after delivery…and if it was after, then their death-starvation-was guaranteed to be even slower.)