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Making Sense of Schiavo
Much has been written even today about the Schiavo case. I have chosen to limit my postings on the subject essentially to updates, because the issues are too large to be addressed in traditional blog length posts. However, because I have received several emails with questions, I will address it here. Accordingly, please pardon the length of the post.
The Schiavo case has created a conundrum perhaps best captured by Charles Krauthammer’s column today:
For Congress and the president to then step in and try to override that by shifting the venue to a federal court was a legal travesty, a flagrant violation of federalism and the separation of powers. The federal judge who refused to reverse the Florida court was certainly true to the law. But the law, while scrupulous, has been merciless, and its conclusion very troubling morally. We ended up having to choose between a legal travesty on the one hand and human tragedy on the other.
Why a Human Tragedy
While I am not as intimately familiar with all the details of the state court proceedings or Terri’s medical condition as I’m sure a number of NLT’s readers are, several features raise serious questions about withdrawing food and hydration.
First, there are credibility and motive issues with her husband, who has been made the surrogate decisionmaker by the Florida courts. He has started a new life with a woman, with whom he lives and has two children. I think that few people blame him for this, but one thing is a bit peculiar: why has he not terminated his marriage with Terri? Given her state, he could do so easily, and no one would blame him or call him a cad. He would essentially be formalizing the fact that he has started a new life with his new common-law wife. I don’t see how this would disrespect Terri any more than starting a new life, which is to say, the social mores against divorcing her seem fairly weak. Furthermore, divorcing Terri would permit him to formally remarry, rather than continue his status as—you’ll pardon the phrase—a common-law polygamist. One possible answer as to why he has continued his marriage is that Terri received a large jury settlement (exceeding $1 million) after her accident. This fund must be used for her care while she is alive, and Michael would presumably lose his claim to these funds if he divorced her. Suddenly, Michael has an incentive both to remain married, and to pull the plug. There are, admittedly, varying accounts as to how much money remains, but I am unaware to what extent the courts took this into account.
There are also claims from several doctors, including a leading neurologist who examined Terri before speaking with Maj. Leader Frist, and a leading speech therapist at the University of Chicago, that Terri could actually progress with the aid of therapy—even to the point of speaking and, key to this inquiry not requiring a feeding tube. Yet Michael has refused to authorize any of these therapies in the 15 years of hospitalization. The question of this inaction is only complicated by the fact that he is so adamant in refusing the requests of her parents to attempt any of these therapies, which to my understanding they have offered to do at their own expense. Even if we assume that he is sincere and genuine in his proffer that Terri would not want to live like this, why would he not want to at least try therapies that could improve her standard of living? Why the rush to die?
Finally, there is a hint of a pro-euthanasia agenda on the part of the local Florida judge who has presided over the case for these many years. Bill Kristol has noted that the neurologist that the judge relied upon is a major proponent of euthanasia, and the has given short shrift to conflicting evidence by other experts who have examined Terri.
In short, there are serious doubts as to whether all reasonable steps have been taken, and there are questions of the motives of those making the decisions. While I think that many in society believe that in tough calls, the presumption should be in favor of life, this case looks like one in which the presumptions may have run the other way.
Why a Legal Travesty
Despite these questions, issues of family law are traditionally the province of the state. For this reason, there have been howls about federalism as a result of Congress creating federal jurisdiction for this case.
I have seen a number of good and bad arguments in the federalism context. The most prominent “bad” argument—indeed one which is put forward today by Charles Fried, is the comparison to habeas reform. The argument is essentially that Congress limited federal habeas review for state offenders, and yet here they go hypocritically creating special jurisdiction for Terri. Aside from the fact that a life may be at issue, the analogy is actually rather weak. First, contrary to what Fried argues, it is not inconsequential that you are comparing apples and oranges. A habeas petitioner has been found guilty beyond a reasonable doubt by a jury of his peers (following which, I might add, he has a right to appeal through the state system, generally has a state post-conviction habeas proceeding which again can go all the way to the state supreme court, and then he gets a hearing in federal court), whereas in Terri’s case, her fate was decided not based upon her guilt, but rather based upon who was her guardian. Because the case was civil, no issue had to reach the high level of proof beyond a reasonable doubt. Therefore, the nature of the proceedings leading up to federal review are sufficiently different as to raise some doubt as to the utility of their comparison.
But even if we treat them as the same, the habeas reform initiated by Congress simply prevented state prisoners from bringing endless appeals in federal court. Instead, Congress reaffirmed that prisoners would have one bite at the apple, during which they could raise any federal or constitutional claims arising from their state criminal conviction and preserved during their state proceedings. Congress thereby reaffirmed that in our federal system, despite the fact that we believe that state courts are competent to adjudicate federal and constitutional claims, there is still a place for limited federal review where criminal convictions result in limitations on core liberties. In Schiavo’s case, Congress created a similar, one-bite review exclusively to review federal and constitutional issues. Contrary to those who suggest that this is different than the habeas reform bill, it actually is quite similar in its effect in this case. The only way to call them different is to make the thin debaters point that Congress made one law more strict (preventing endless petitions in federal court) and the other created new access. O.K., but the motion in opposite directions led to the same functional result: one review of exhausted federal claims in federal court.
That does not answer the tougher federalism question, however, which is whether Congress rightfully got involved in the first place. First, Congress was careful to act within its constitutionally limited power. Unlike other pet conservative projects, such as the partial birth abortion ban (which I talked about here), Congress did not illegitimately appeal to a bloated version of the Commerce Clause. Rather, they legitimately appealed to their authority to create and modify the jurisdiction of the federal courts. Even so, there are several features of the bill which, even if permissible, seem imprudent. For example, the fact that they created jurisdiction just for this case, and stated that any findings of the court would not have precedential value (the latter of which may well be beyond congressional power) are both questionable judgments. I would have much preferred that Congress pass the version of the bill which passed the House—one which provided for removal to hear exclusively federal claims in any such case where cessaton of life-sustaining procedures was imminent following the exhaustion of state court proceedings.
Yet the fact that Congress acted within the constitutional limits on federalism does not speak to whether Congress acted within the philosophical limits of federalism. This is, I think, the strongest objection. The general rule that family law is the province of the state is a very strong one in American law, and one which should not be ignored lightly. The best reply is that Congress sought simply to assure that Terri had a venue for exploring her federal rights. This may be true, but that is also the reason why Terri has lost who appeals to date, and why she will most likely lose her appeal before the U.S. Supreme Court. While she does have a right to life, unless we indulge in reading the Constitution broadly, she has been afforded Due Process by the state court proceedings. Congress was able to give her a venue to assure that her federal claims were heard, but the federal claims end up being narrow, and therefore we should not fault the courts for applying the law correctly.
Where Should We Go From Here?
I have seen a number of news broadcasters and commentators suggest that the moral of the story is that everyone should have an advance directive. But this is only part of the story. The real moral of the story is that courts—both federal and state—are not particularly good venues for deciding these kind of contentious moral issues. Contrary to all the screaming about the influence of politics on this matter, it is precisely the political branches that should be weighing in, and passing laws to prevent future Schiavos. (Indeed, Krauthammer has suggested that they weigh in to specifically save Schiavo.) Anyone who doubts the respective capacity of the branches to resolve disputed moral questions need only recall that the representational function of government which gave us the Declaration of Independence (" . . . all men are created equal . . .), and the judicial branch which has given us such glowing statements as Dred Scott and Plessy. Update:The examples are admittedly a bit glib, and counter examples can be (and indeed have been) raised. That said, it goes to the proper function of the branch of government. Courts are designed to handle specific cases and controversies, not to create policy. The liberals have turned to the courts specifically because they cannot get their agendas passed by the legislatures. But the courts do not have the capacity to do the kind of hearings, townhalls, and general factfinding that the legislative branch does. Judges are not chosen to represent the people. And, importantly in the case of the federal judiciary, they cannot be corrected when they create rules which are contrary to the desires and moral sentiments of the people. Even when the legislatures have endorsed laws such as Jim Crow which were contrary to the principles of constitutional law and notions of right, these interpretations were checkable through the political process. Dred Scott offered no such easy check.
People should have advance directives, but they should do a good many things that people don’t do. We need to have general norms in place for when people become afflicted with these kinds of conditions without directives, and if those norms do not comply with public sentiments of right (which seems to be the issue with Schiavo), it should be the political branches, not the courts, which alter those norms.
 Posted by Robert Alt | Link to this Entry | Comments [21] | 3/23/2005 12:38 PM
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Salazar for governor?
I find this interesting. Why would a newly elected Democratic Senator from Colorado, Ken Salazar, be interested in running for Governor in 2006. Is he not amused with working with the national Democratic Party? Perhaps he doesnt like being in the minority? Colorado is all a buzz.
 Posted by Peter Schramm | Link to this Entry | Comments [2] | 3/23/2005 10:07 AM
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EU warming, China cooling
I note with interest that even the New York Times understands that the Bush administration deserves credit for the European Unions turnabout on its plans to lift its arms embargo on China. Todays NYTimes article
notes that "European diplomats cited Chinas newly adopted antisecession law and intense American opposition to easing restraints on weapons sales to explain the shift. The Chinese law adopted this month threatens military action if Taiwan pursues formal independence from the mainland."
And then this:
But sentiment shifted after President Bush visited Europe in February, where he lobbied against the lifting of the embargo while also backing a highly restrictive code of conduct on arms sales to replace it. Congress has appeared ready to increase the stakes, threatening to punish any European companies that sell arms to China and seek defense business in the United States.
Though European officials cited the antisecession law as the reason for maintaining the embargo for the immediate future, some Chinese analysts say it was the United States that played the decisive hand.
 Posted by Peter Schramm | Link to this Entry | Comments [2] | 3/23/2005 9:34 AM
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Intelligent Design and intelligent science education
Jay Mathews has a smart column in todays WaPo. He quotes, among others, John West, with whom he disagrees. Which is what makes the column smart. Let me explain. Mathews big point is that by actually addressing the controversy between proponents of I.D. and evolution in biology classes, students would become better, more self-conscious scientists. The material would be more engaging, and students would be compelled to think both about the big issues underlying all of science (and all of life) and about the ways in which scientific theories are developed and disproven. This is what would make a science class something other than indoctrination, i.e., the propounding of a doctrine simply asserted to be true. Since I think that people become more self-conscious and better informed adherents of their positions when they are "compelled" to think through the challenges to them, I find Mathews position quite congenial. Most of my students come into my classes as vaguely Lockeian liberals (that is, they know they have rights). We read Locke, but we also read the thinkers against whom Locke as reacting (like Aristotle and Aquinas, to name just two), and we read those who criticize Locke (like Rousseau). They leave the class having a much better sense of whats at stake in thinking they have rights, as well as a better sense of what might be missing from a "purely Lockeian" vision of the world. Even if they remain Lockeian (most of them do), theyre more thoughtful and self-critical Lockeians. Id rather have folks who can intelligently defend Lockes views (even if their convictions are less passionate and more "nuanced"--a word I use with some trepidation since John Kerry so debased its currency) than folks who can simply and passionately repeat slogans. Just so were clear: this is a post about education, not about I.D.
 Posted by Joseph Knippenberg | Link to this Entry | Comments [9] | 3/23/2005 5:06 AM
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Hogzilla lived
A team of National Geographic experts has confirmed south Georgias monster hog, known to locals as
Hogzilla
was indeed real — and really, really big. O.K. the thing wasnt 1,000 pounds as claimed by the myths, but he was 800 lbs heavy, which aint bad. I bet the locals are already saying that the monster had many sons and daughters. This aint the end of it!
 Posted by Peter Schramm | Link to this Entry | Comments [1] | 3/22/2005 4:20 PM
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Dukakis speaks
This interview with Michael Dukakis (remember him?) might be worth a glance. Note his comments on grassroots campaigning. At first sight it seems, well Karl Rove-like and sensible, and then he confuses real mano-a-mano politics with internet fundraising. He is asked what he thought of Kerrys campaign:
I think the one great missing piece in this campaign, and it’s something that we Democrats have got to get serious about at every level, was that we still aren’t doing the grassroots job the way it has to be done. I happen to be a product of grassroots campaigning, grassroots organization. I wouldn’t have been elected dogcatcher in my state had it not been for that.
When I’m talking about grassroots organization, I’m not talking about parachuting kids in with two weeks to go from seven states over. I’m talking about a precinct organization with a precinct captain in every precinct and block captains – maybe a half a dozen per precinct – who systematically make contact with every single voting household in that precinct, beginning early. This is not something you do in the last couple of weeks. You have to start months in advance. And you do it on a 50-state basis. I don’t care if the state is red, blue or polka dot.
Then he goes on to explain how this can be accomplished at no cost (and no work) by using the internet. I guess he didnt learn from Karl Rove.
 Posted by Peter Schramm | Link to this Entry | Comments [5] | 3/22/2005 4:09 PM
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Kofi Annan’s report
In Larger Freedom has been published. This is Kofi Annan’s proposal to reform the United Nations. The Belmont Club outlines the fat thing, and says this:
In my own opinion Kofi Annan’s proposals are a recipe for disaster for two reasons. His entire security model is philosophically founded on a kind of blackmail which recognizes that the only thing dysfunctional states have to export is trouble. He then sets up the United Nations as a gendarmarie with ’a human face’ delivering payoffs to quell disturbances. This is the "bargain whereby rich countries help the poor to develop, by promoting the Millennium Development Goals, while poor countries help alleviate rich countries’ security concerns." Second, his model flies in the face of the recent experience in Afghanistan, Iraq and the entire democratizing upheaval in the Middle East. It is by making countries functional that terrorism is quelled and not by any regime of international aid, inspections, nonproliferation treaties, declarations, protocols, conferences; nor by appointing special rapptorteurs, plenipotentiary envoys; nor constituting councils, consultative bodies or anything else in Annan’s threadbare cupboard.
I like Wretchard’s concluding paragraph:
It was a dictum in Field Marshal Zhukov’s Army that a good commander never reinforced failure only success. It is a maxim of the United Nations that progress is achieved by doing everything that never worked all over again. Probably nowhere is the bankruptcy of Annan’s vision (and I use that word consciously) more evident than in Paragraph 29, where he lays out the UN vision for a better world. It is a laundry list of all the special interest ’development’ goals the UN has acquired over the years where problems of different orders of magnitude and positions in the chain of causality are jumbled together; a bureaucrat’s dream and a human being’s nightmare.
 Posted by Peter Schramm | Link to this Entry | Comments [3] | 3/22/2005 3:59 PM
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Holbrook on Kennan
Richard Holbrooke writes a pretty fair assesment of George F. Kennan and explains why he almost always disagreed with him. And that is quite revealing. He sees Kennan as "not the brilliant architect of containment but an eloquent skeptic, forcing people in power to make sure their easy justifications stood up before his polite but ferocious criticism." Kennan was always bemused that his doctrine of containment inspired the heardheaded power politics that shaped the cold war. Holbrook shows us Kennans great flaw. He writes that Acheson had Kennan right: Achison said that Kennan reminded him of his fathers old horse who, when crossing wooden bridges, would make a lot of noise, then stop, alarmed by the racket he had caused. Kennan will be remembered as a footnote--not as a cause--to the policy of containment.
 Posted by Peter Schramm | Link to this Entry | Comments [4] | 3/22/2005 3:47 PM
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Public reason and prophetic witness
Michael C. Dorfs column contains much that is sensible, but then he invokes the ghost of John Rawls and conjures up fears of religious warfare and persecution. Having argued persuasively that we cant really impeach a persons (religious) motive for supporting a particular piece of legislation, he nonethless insists that "in a pluralistic society like ours, it is fair to demand that our laws be justifiable by reference to secular ends and means." I wont quarrel with the argument that government may pursue only secular ends, but why must the argument in defense of the secular end be a secular argument? And why must the means be secular? Why not a level playing field, offering support for both religious and secular means of addressing secular problems? Dorfs response to this line of argument is to point to the good old slippery slope: what the objection overlooks is the reason we as a society have for trying to prevent public policy debates from becoming competitions between different religious sects. As the framers of our Constitution and Bill of Rights well knew, history teaches that societies in which political divisions track religious ones frequently descend into bloodletting. And sadly, our own era provides no shortage of further examples.
Of course, I do not suggest that the injection of religious arguments into American politics by evangelicals or others will plunge us immediately into a religious civil war. But the abundant lessons of the past and present do provide reasons to be wary of even the first step down that path. I have a different thought. In the first place, there are significant religious freedom concerns at stake here. If the only way I can bear prophetic witness in the public square is by means of "public reason," then I cant genuinely practice my faith.
Those who "conscientiously object" to the requirement of public reason have a point. Second, the experience of participating faithfully in a pluralistic public square need not simply teach us to persecute those with whom we disagree; it might teach us how to deal respectfully with them. On the other hand, the secular "silencing" of the religious teaches them about the appropriate use of political power to marginalize those with whom you disagree. Achieving and maintaining respectful "non-toxic" pluralism (Im borrowing the language, not endorsing the authors use of it) may require some bumpy experience; I dont think it can be achieved by the simple exercise of state power, or even by a kind of secular censorship.
 Posted by Joseph Knippenberg | Link to this Entry | Comments [4] | 3/22/2005 1:39 PM
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Carter-Reagan Continuities
Joe asks me to weigh in, so I shall. Yes, there are some striking parallels between Reagan and Carters idealism, especially on wanting to abolish nuclear weapons. The fundamental difference in their statecraft, though, is that Carter approached the world through a Kantian moral framework, while Reagan was more Aristotelian; that is to say, Reagan had great practical judgment where Carter had none. And look whose approach succeeded, and whose didnt.
I am reviewing the Gil Troy book on Reagan and the 1980s shortly in The Weekly Standard, and I wont give away much here, except to say: I really dont like it. Stay tuned for the review.
One final footnote: Reagan quickly came to regret signing the abortion bill that Jenkins mentions. Also, his environmental record as president was just as good as his record as governor, as you can see if you review the actual results here.
 Posted by Steven Hayward | Link to this Entry | Comments [1] | 3/22/2005 1:01 PM
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Democrats (cant) Move On
This is required reading, since it tells us so much about the Democratic Partys center of gravity (but not gravitas). Note also the presence of HRC at this rally; her moderate noises to the contrary notwithstanding, this is a constituency to which she must pay obeisance.
 Posted by Joseph Knippenberg | Link to this Entry | Comments [2] | 3/22/2005 11:56 AM
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Carter-Reagan continuities?
Philip Jenkins is a bold man, arguing in his review of this book that we exaggerate the differences between Ronald Reagan and his predecessor: just how different was Reagan from his predecessor? In terms of popular memory, the contrast seems absurd: the Gipper versus the Wimp. But Carter and Reagan had much in common. Carter was more conservative than is often recalled, and Reagan more liberal. On issues of gender and morality, Reagan had a distinctly moderate record, having endorsed the ERA and opposed California’s anti-gay Briggs initiative. His two terms as governor included liberal measures on abortion rights and no-fault divorce, not to mention a fairly progressive tax policy and a respectable environmental record. At times, he looked like the kind of politician the Reaganites were warning about. The two men also shared much in their idealistic moral vision and their religious sense of national purpose. Both saw national problems in moral terms, as issues of the human heart. Neither was reluctant to invoke moral justifications for policy or to see a divine hand in political destiny, and both were attacked for religious sentiments that the secular-minded regarded as naïve or hypocritical. Having read
this book and having lived through both presidencies (not to mention much of the Carter post-presidency at first-hand here in Atlanta), I couldn’t disagree more. Carter’s moralism was much less friendly to American patriotism than was Reagan’s and his character ultimately much less generous and patient. Steven Hayward, what do you think?
 Posted by Joseph Knippenberg | Link to this Entry | Comments | 3/22/2005 11:25 AM
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Postgate?
Powerline is suggesting the possibility that the memo described in this article may be a fake. Here’s the text of the memo; Powerline is awaiting a facsimile. And here’s an update from Powerline casting a little more doubt on the authenticity of the memo. Are these guys gunning for the 2005 "Blog of the Year" award, hard on the heels of their orchestration of the information necessary to discredit Dan Rather’s 60 Minutes story? Note: I’m not suggesting untoward motives on the part of the Powerline guys; their skepticism is healthy and well-informed, and plays the role the press is supposed to play in a democratic republic. Update: More here. The story gets curioser and curioser. And it is a pretty stupid memo, whoever produced it.
 Posted by Joseph Knippenberg | Link to this Entry | Comments [3] | 3/22/2005 9:20 AM
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More on Ending the Filibuster
For those who missed it, George Will wrote an article over the weekend stating his objection to a ruling from the chair declaring filibusters of judicial nominees impermissible, and on Monday Mark Levin responded on NRO.
 Posted by Robert Alt | Link to this Entry | Comments [2] | 3/22/2005 8:25 AM
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Dionne goes (anti-) nuclear
Im not surprised by E.J. Dionnes overall argument. But this chunk is quite revealing: Harry Reid, the Senate Democratic leader, called an urgent meeting last week with leaders of civil rights, civil liberties, environmental and womens groups. His message: The Senate faces a nuclear winter that could engulf them.
What emerged at that meeting was an order of battle that could mark American politics for years. Reid told the participants that he had learned from friendly Republican senators that Bill Frist, the majority leader, intended to push forward with what has come to be known as the "nuclear option," a fiddling with Senate rules that would block filibusters of judicial nominees. And Reid warned the groups that the Republican effort to curb the rights of the Senate minority would not stop with judges. If Frist won on judges, Reid predicted, Republicans would be emboldened to roll other legislation through on narrow majority votes. Dionne says that minority "rights" are threatened; Id call them "interests." And the best--indeed, the truly constitutional--defense of those interests comes through the ballot box. If the Republicans overreach, if the interests they threaten are genuinely popular, then theyll pay at the polls in 2006 and thereafter. The Democratic "constitutionalists" are so accustomed to working around inconvenient, recalcitrant, backward-looking voting majorities that theyve forgotten the true basis of all constitutional government, the will of the people, expressed (to be sure) through the constitution (albeit not through the judges "policy preferences") but also through voting. If the Democrats were so confident that the Republicans are playing a losing electoral hand, they wouldnt be hiding behind the judiciary and the "constitution" as much as they do.
 Posted by Joseph Knippenberg | Link to this Entry | Comments [2] | 3/22/2005 8:12 AM
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Schiavo Update
U.S. District Judge James Whittemore declined to enter an injunction this morning which would have required the reinsertion of the feeding tube in Terri Schiavo. The Fox News/AP report is here. The parents have vowed an appeal to the 11th Circuit Court of Appeals.
 Posted by Robert Alt | Link to this Entry | Comments [5] | 3/22/2005 8:09 AM
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Beinart on Bolton
Peter Beinart argues that times have changed in the world and at the U.N.; hence the confrontational style that worked for Daniel Patrick Moynihan and Jeane J. Kirkpatrick, when U.N. majorities deserved a spanking, would be counterproductive now, when the U.S. actually stands a chance to build coalitions at the U.N. I think Beinart fundamentally misunderstands the appointment. Bolton isnt there to criticize the member states so much as he is to criticize the demonstrably corrupt U.N. bureaucracy. The problem this time lies not with the emerging democratic states (save, perhaps, insofar as they insist on condemning Israel), but with the bureaucracy (I could do more of this, but just go here for all the links you could possibly want) and the few contrarian "allies" who are complicit with it.
 Posted by Joseph Knippenberg | Link to this Entry | Comments [1] | 3/22/2005 7:45 AM
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Calling the Democratic Bluff
There has been much talk in Washington about using the so-called "nuclear option"--a grossly misnamed procedure designed to stop the unprecedented Democratic filibuster of judicial nominees. I must admit that I have my doubts as to whether the Republicans have the intestinal fortitude to actually force a vote. After all, they never forced a "real" filibuster for any significant length of time; and they have allowed a simple rule clarification to be dubbed an apocalyptic weapon.
But Senator George Allen’s article in the Washington Times today provides some hope. He argues that the Republicans to "go for it" without timidity. Here is a taste:
As senators, we have a constitutional responsibility to give our "advice and consent" regarding the president’s judicial nominations and that responsibility is being thwarted by a minority of Democrats who don’t agree with these nominees’ ideological positions. No senator has an obligation to vote in favor of a nominee, but every senator should have the backbone to get off their haunches and vote yes or vote no on these nominees and explain their vote to their constituents.
He also asks the right question about the Democratic threat of becoming uncooperative, essentially asking what is this becoming nonsense. I think he is right. The Democrats have established themselves as the party of "no." The only way that they can become less cooperative is to force a government shutdown, and that is a risk that I don’t think they actually want to take. I think it is past time to call their bluff.
 Posted by Robert Alt | Link to this Entry | Comments | 3/22/2005 7:59 AM
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Diana Schaub, Star Trek , and bioethics
Diana Schaub was due for some good press. Lord knows, she was lambasted by libertarians and the science lobby when President Bush appointed her (and my good friend Peter Lawler) to his Council on Bioethics. While not quite as puffy and fluffy as this piece or as perfervid as this one, the Baltimore Sun treats her views respectfully. Shes a conservative, yes, but not particularly religious; and shes catholic (small "c") in her sources of inspiration--looking to Abraham Lincoln and Star Trek for grist for her mill. You can find her two most famous or infamous bioethics articles here and here. Schaubs most provocative statement on cloning comes from the first of those pieces: Cloning is an evil, and cloning for the purpose of research actually exacerbates the evil by countenancing the willful destruction of nascent human life. Moreover, it proposes doing this on a mass scale, as an institutionalized and routinized undertaking to extract medical benefits for those who have greater power. It is slavery plus abortion. Her view, it should be emphasized, doesnt depend upon religion, though it is certainly compatible with a religious view. In that respect, she harkens back to the early rather heterodox Lincoln, who abhorred slavery as an evil long before he began to utter vaguely orthodox religious sentiments. The second piece, on aging, is one that I read just last week, in preparation for a paper Im writing (on Tolkien and bioethics) for
this conference. She uses two Star Trek episodes to elucidate some of the issues connected with the natural (but problematical) desire to prolong our lives. Heres a brief snippet: Apparently, in the research conducted thus far, the most common (though not universal) side effect of age retardation is sterility or reduced fertility. It seems as if, in pursuing an ageless body, the balance between the individual and the species is altered. When we choose vastly longer life for the individual, the propagation of the species is sacrificed. The society in the Star Trek episode is a drastic rendition of the trade-off. In pursuing immortality for themselves, the residents of the planet made clear their hostility to the succession of the generations. They sought to make themselves irreplaceable. If I may be permitted an editorial comment based upon my reading of Schaub, the Council on Bioethics materials, and Tolkien: the desire "unreasonably" to prolong life is a selfish and distorted response to our finitude, while reproduction and child-rearing are natural and ultimately "pious" responses. The former response leads us to dwell ever more intensely on ourselves; the latter to think of our responsibilities to others. When the Tolkien paper is finished (gee, I still have almost three weeks!), Ill have more to say and will share my half-baked thoughts with anyone who wants a copy.
 Posted by Joseph Knippenberg | Link to this Entry | Comments [7] | 3/21/2005 3:34 PM
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