abortion

Ethics Observations On The Dobbs SCOTUS Opinion Draft Leak And Reactions To It

/ Jack Marshall / 29 Comments

Ethics Alarms posted briefly on the stunning leak of what appears to be a draft of a majority opinion striking down Roe v. Wade and the related Casey decision. [The link to the draft is in that article.] The position here is that any analysis based on the draft itself is premature and irresponsible, since the document is 1) a draft 2) not even necessarily the latest draft, and 3) the opinion as well as the support for it on the Court could change materially before the actual opinion is released.

The only ethics issue immediately clear is that regarding the leak itself, and, by extension, the leaker. Leaks always constitute a unethical breaches of trust; only in the rare cases where they reveal actual criminal activity can they be justified. For a lawyer to leak any information related to a professional obligation or representation is grounds for disbarment, and permanent infamy within the profession. This leak cannot be defended, and pundits, politicians or activists who praise the leaker reveal their own ethics bankruptcy. Keep a watch out for the leak apologists. Then relegate them to your “Untrustworthy” file.

Now the focus shifts to the reactions to the draft, and it is fair to say they constitute a freak-out. Prime among them is the hypocritical and hysterical joint statement by Sen. Schumer and Speaker Pelosi. Imagine: these are leaders of the party that has accused Donald Trump of undermining core American institutions.

The statement is breathtakingly dishonest. None of the members of the Court ever stated that they would not vote to overrule Roe. They said it was the law of the land, which is true, and stated their support for the principle of stare decisus. That did not preclude their voting to reverse Roe later based on a case that hadn’t been briefed or argued yet. I have read enough of the draft to know that Justice Alito clearly explains that stare decisus has always had exceptions (but I knew that) where a wrongfully decided Constitutional case had to be reversed, writing.

“We have long recognized, however, that stare decisis is ‘not an inexorable command,’ and it ‘is at its weakest when we interpret the Constitution.’ It has been said that it is sometimes more important that an issue ‘be settled than that it be settled right.’ But when it comes to the interpretation of the Constitution — the ‘great charter of our liberties,’ which was meant ‘to endure through a long lapse of ages,’ we place a high value on having the matter ‘settled right….On many other occasions, this Court has overruled important constitutional decisions. … Without these decisions, American constitutional law as we know it would be unrecognizable, and this would be a different country.”

It should be very easy for Republicans and anyone else to explain the demise of Roe to the public. It was, as Alito says, a bad decision from the beginning, and it was time for the rights of the unborn to be considered, and not just the imaginary right of mothers to have their children snuffed out.

I’m going to spend most of my time devoted to this episode reading the draft, but here are links to various news reports and commentary: ABC News, The Daily Beast, HuffPost, CNN, New York Times, CBS News, Reuters, Washington Examiner, Associated Press, Fox News, NPR, Townhall, Slate, The Guardian, CNSNews, Al Jazeera, Outside the Beltway, Washington Post, De Civitate, Insider, Bloomberg, NewsOne, USA Today, A Lawyer Writes, emptywheel, pjmedia.com, The Nation, Breitbart, Los Angeles Times, The Daily Signal, Vox, Washington Times, The Comity Channel, Deadline, KLAS, The Daily Caller, Men Yell at Me, PennLive, The Hill, The Moderate Voice, littlegreenfootballs.com, NBC New York, Ninja Smith & Friends, WCMH-TV, HotAir, Variety, Deseret News, BuzzFeed News, NBC News, RedState, Mississippi Free Press, Mediaite, Things Worth Thinking About, thot pudding, homeculture, National Review, Big League Politics, WCTX-TV, Twitchy, Talking Points Memo, SCOTUSblog, CNBC, Jill Filipovic, Lawyers, Guns & Money, The Daily Wire, Maxwell’s Newsletter, A Propensity …, Gem State, Louder With Crowder, PharmaHeretic’s Newsletter, First We Think, Vanity Fair, New York Post, Law & Crime, Raw Story, The 19th, The Texas Tribune, Dana Loesch’s Chapter …, Power Line, The Racket News, New York Magazine, Fortune, Hennessy’s View, Trash Chair Thoughts, VICE, UPI, The Gateway Pundit, GC News, Instapundit, Watch Night News, Rolling Stone, Sacramento Bee, The Even Place, Let’s Get Politigal, WPRI-TV, Daily Insurrection, Mother Jones, Super-Probably Relevant …, Mercury News, The Right News, The Western Journal, TheBlaze, Althouse, Unfogged, Ace of Spades HQ, Teresa L’s Newsletter, Boing Boing, CBS Denver, IJR and Progress Report

Further observations:

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Maryland Leaps On The Deadly Abortion Slippery Slope

/ Jack Marshall / 14 Comments

When you think about it, this shouldn’t surprise us, as horrible and unethical as it is. The steps from abortion, to late-term abortion, to legal infanticide have always been smaller than abortion advocates have been willing to admit.

In one of the efforts underway in several Democratic-controlled legislatures to protect abortion rights if the Supreme Court alters or strikes down Roe v. Wade, Maryland is considering Senate Bill 669. The bill’s language states, in addition to protecting abortions themselves from prosecution, that no person can be investigated or charged for “experiencing a miscarriage, perinatal death related to failure to act, or stillbirth.”

The perinatal period consists of “the period shortly before and after birth, from the 20th to 29th week of gestation to one to four weeks after birth.” Mark Tapscott concludes,

In other words, it’s anywhere up to four weeks after the birth of the child you and your sexual partner conceived, and you decide you really don’t want the child, hey, no problem, just don’t feed it, don’t get medical care, don’t do a thing. Eventually, the child will die.

And that, under the meaning of the bill’s text, is OK.

The bill, which Tapscott believes is certain to pass and withstand a veto by Maryland’s Republican governor, also bans any investigations into perinatal infant death while creating the private right the right to sue for civil damages if one is investigated for causing a perinatal death through neglect. Continue reading →

The Ethics Corruption Of The Democratic Party Is Apparently Complete

/ Jack Marshall / 14 Comments

The fact that the radical feminist and pro abortion lobbies did it is no excuse. The party has allowed abortion to corrupt it. There need to be consequences.

The Women’s Health Protection Act would codify Roe v. Wade and make all abortion restrictions illegal. Every Democratic Senator except one—Joe Manchin, of course—voted for the bill yesterday in lockstep with party leaders, despite its brutal, unethical and radical objective. [In the House as well, only one Democrat thought that the lives of full term unborn human babies were worth protecting.] The bill would allow doctors to abort unborn babies at any point in a pregnancy if they determine that allowing the pregnancy to continue to birth “would pose a risk to the pregnant patient’s life or health.”

Note the woke weasel words in that proposed law. Although the title of the bill and the long introductory argument for the law mention women prominently, the proposed wording of the law itself doesn’t mention women anywhere, as an obvious sop to the trans community, which seeks to erase all gender distinctions.

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Morning Ethics Warm-Up, 1/21/2022: Christmas’s And Meat Loaf’s End Edition

/ Jack Marshall / 12 Comments

Meat Loaf has died. The hilariously theatrical pop singer with the big voice was responsible for one of the great ethics songs: “Paradise by the Dashboard Lights.” It packed almost everything into one epic musical journey: temptation, non-ethical considerations vs. ethics, betrayal, consequences and cosmic retribution.

***

Absent a last-minute reprieve or a relapse of whatever it is that I’ve been battling, this looks like the final day for our especially lovely, inspiring Christmas tree. I always feel like I’m making the world a little meaner and less hopeful when I take it down. This post, from three years ago, still stands.

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In U.S. ethics history, January 21 stands for one of the more significant pardons in American Presidential annals, because in 1977 Jimmy Carter pardoned all those young men, hundreds of thousands of them, who had fled to Canada rather than risk being drafted to fight in Vietnam. (Only half came back. I am tempted to say, “Good!,” but I won’t…) Those who left as a matter of principle and those who ran off because they wouldn’t have fought for their country under any circumstances (this was the era of “Better Red than Dead,” after all) were treated the same. It was a utilitarian trade-off, and whether the President’s decision was unethical (my Vietnam vet friends said it made them feel like suckers) or ethical (it definitely helped heal the national divisions over that misguided conflict), it was certainly brave and consequential. For example, that single act probably killed the draft as much as anything else.

***

Feel free to debate that issue here; I’m not up to it today myself. There won’t be the usual Friday Open Forum because there was one just two days ago (and it’s still open!). Full disclosure: in my fevered state, I really thought it was Friday when it was Wednesday.

1. This video is worrisome if it’s genuine, and it may not be. A young woman freaks out after getting a positive Wuhan variant test result, and acts as if she’s been sentenced to die on the rack and wheel. I fear this is what two years of politically-driven pandemic hysteria is turning our rising generations into: cowards, whiners, phobics and weenies. Her tearful lament ““The coolest characteristic about myself is that I haven’t gotten it!” is particularly nauseating. Continue reading →

NYT Letters To The Editor On Abortion vs. Adoption Continue An Revealing Unethical Pattern

/ Jack Marshall / 5 Comments

adoption

Perhaps no comment during the recent oral argument before SCOTUS regarding Mississippi’s Roe-defying 15 week abortion limit received more attention than Justice Amy Coney Barrett statement that a mother’s option to give a baby up for adoption at birth rendered abortion was unnecessary in most cases. Numerous abortion defenders have attempted to discredit her assertion, and, like all of the pro-abortion arguments I have seen and heard so far, fell short in logic, honesty and ethics

Today’s Sunday Times letters section exemplified the disconnect among reality, self-interest and fairness that continue to plague abortion fans, no matter how passionately they argue their position. The Times dedicated the section to rebuttals of Comey’s assertion. That the editors deemed these the cream of the crop is telling. Also telling: no letter selected by the editors supported Comey. Here are the key quotes from each:

Anne Matlack Evans, of Napa, California writes in part,

In 1954, my mother, a single mother of three young children, had no other option than to do just what Justice Barrett proposes. After losing her job because of the pregnancy, she took refuge with her mother and, several months later, gave birth to a child whom she gave up that very day….

The consequences of my mother’s pregnancy and the baby’s adoption profoundly affected my mother and us children. She was traumatized by the pregnancy and the necessity of abandoning a child — especially so after caring for us. She felt ashamed, stigmatized and less able to protect her existing children.

Ethics Alarms Comment: Why did a single mother have three children? Why did she get pregnant again? She felt ashamed and stigmatized about giving up a live infant for abortion that she couldn’t care for, but apparently would have flt no stigma or shame if she ended the nascent human being’s life before it could be born. That’s exactly the confused attitude that our culture needs to change. Her unborn child “existed” before it was born.

David Leonard of Kennett Square, Pennsylvania writes in part, Continue reading →

And The Latest Desperate Rationalization As Abortion Advocates Search For A Persuasive Argument To Justify Allowing Pregnant Women The Unilateral Right To End Another Human Being’s Life Is….

/ Jack Marshall / 9 Comments

Unborn children in heaven

…..this intellectually dishonest opinion piece by Kate Cohen in the Washington Post. It is titled “How would you feel if your mother had aborted you?’ Easy. I’d feel nothing,” and embodies several themes in the abortion-loving Left’s escalating freak-out over the very real possibility that Roe v. Wade will be overturned or limited by the current Supreme Court.

One theme is that that abortion advocates almost unanimously continue to avoid dealing with the other human party in the equation whose interests are at stake: the unborn human being. Another is using collateral attacks on religion and faith to minimize the belief by religious people that it’s wrong beyond question to kill an innocent individual for the benefit of a more powerful one. The third…

Well, let me address the second a bit again. Progressives are largely hostile to religion and the religious, whom they regard as unsophisticated, superstitious rubes. Since people tend to project their biases and attitudes on others, those who want open season on fetuses think they score points by linking the anti-abortion side of the debate to something they think is ridiculous. It is not a genuine argument but rather a cognitive dissonance trick. They are counting on a someone conflicted about the abortion debate being pulled to their side by the association with a different subject they regard with contempt. It is the same kind of tactic as using “The Handmaiden’s Tale” as a false map for the dystopian future abortion fans claim awaits if Roe goes down: linking abortion to something horrible, even a science fiction story, will diminish the appeal of the anti-abortion position, not with logic or reason, but with a negative association alone.

I have a difficult time not concluding that those using the anti-religion, association tactic are malign people because of their association with it. The belief that killing an innocent human being is wrong isn’t only a religious belief and bedrock moral tenet. It is basic ethics as well, a conclusion virtually all societies have accepted based on human experience. That’s where ethics comes from: one doesn’t have to be religious to strongly object to killing human beings, indeed religion isn’t necessary to reach that conclusion at all. Whether one reaches the position that legal abortion consists of one powerful human being who has had the opportunity to live ending that opportunity for a weaker human being for her own sole benefit and is therefore wrong, through religion, Kant, Rawls, basic ethical analysis, logic, common sense or some other path is irrelevant. You got there. Congratulations. It’s the ethical place to be.

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Comment Of The Day: “Ethics Villain: University Of California Prof. Michele Goodwin”

/ Jack Marshall / 11 Comments

Racist science

What continues to amaze, as pro-abortion supporters and activists throw every conceivable argument they can come up with against the proverbial wall in hopes that one might stick,is how insubstantial, emotional and often intellectually dishonest those arguments are. As the Supreme Court deliberates, we are certain to hear and read many more, and I honestly can say that I am hoping for a legitimate and persuasive one to finally emerge.

What I fear we will get, however, as the arguments do not stick but slide off that wall like wet tissue, is more warnings, threats, insults and jeremiads, like Justice Sotomayor’s despicable “stench” question, which I translate as, “Aren’t you properly terrified that if we don’t just do as the pro-abortion machine demands rather than analyze a difficult problem objectively according to facts, law and ethics, people who have already made up their minds regardless of all of those will be furious?”

The “pro-choice” rhetoric increasingly reminds me of the arguments made by the slave-holding South as thoughtful abolitionists and the anti-slavery sentiment strengthened ten-fold by “Uncle Tom’s Cabin” began backing defenders of “the peculiar institution” into a corner. They primarily invoked invalid or dishonest arguments: “science” and “studies” claiming to prove that black people were not quite human (see above), and did not have the “necessities” (to quote poor Al Campanis a century later) to be free; slavery had been permitted so long that it constituted a betrayal to end it; a Supreme Court ruling had protected the practice, and the way of life that slavery’s practitioners enjoyed and benefited from immensely would be threatened if slavery were banned. These are all essentially the same arguments being advanced today to justify continuing to treat another group of vulnerable and exploited human beings as property and non-humans. The fetus doesn’t deserve human rights because it isn’t “viable” or “cognizent.” A right that has been part of the law for half a century should never be challenged. Roe v. Wade is to the unborn as Dred Scott was to slaves.

And, perhaps most of all, American women have thrived by treating developing babies as disposable by “choice.”

Here is Ryan Harkins’ Comment of the Day addressing the related argument, advanced by a law professor, that the right to kill the offspring of incest and rape is essential to the advancement and success of people like her.

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Abortion Wars: It’s The New York Times vs. The New York Times!

/ Jack Marshall / 3 Comments

fetal development

Stockholm Syndrome liberal David Brooks, once the alleged conservative pundit in the Times far-left array, was in one of his “pox on both your houses” moods as he condemned what he claimed were equally unethical (my word, not his) arguments coming from the pro-and anti-abortion camps. “Many conservatives focus on the fetus to the exclusion of all else, ” he wrote. “A lot of the progressive commentary, on the other hand, won’t recognize the fetus at all.” False equivalency, David (and you know it). Since the fetus is the party that’s killed in an abortion, many conservatives and anti-abortion activists take the completely defensible and classic Kantian position that “deference to women who become pregnant in terrible circumstances” doesn’t and can’t justify taking a human life. On the other side of the divide, however, refusing to acknowledge the existence of a life at all is to deliberately rig the debate. And it isn’t “a lot” of the progressive commentary that tries to do this; it’s virtually all of it.

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Ethics Villain: University Of California Prof. Michele Goodwin

/ Jack Marshall / 9 Comments

Goodwin

Why does Ethics Alarms rate Professor Goodwin an Ethics Villain rather than the more common, and usually forgivable, status of Ethics Dunce? It is because in her op-ed for the New York Times, “I Was Raped by My Father. An Abortion Saved My Life,” she deliberately misrepresents the law and ethics of the abortion issue while using her status as a law professor to mislead readers. She also presents an argument that is purely an appeal to emotion, though as a scholar and teacher she is professionally obligated not to advance a position without basing it in reason and fact.

There is nothing unethical or inappropriate about Goodwin advancing a pro-abortion position if she does so honestly. She is obviously committed on the issue as the founding director of the U.C.I. Law Center for Biotechnology and Global Health Policy and its Reproductive Justice Initiative, and the author of “Policing the Womb: Invisible Women and the Criminalization of Motherhood.” Terrific: make your case, Professor! I have an open mind; I look forward to reading it. You obviously have the skill, background, experience and erudition to be enlightening and persuasive on the topic.

But Goodwin doesn’t make a legal case, an ethical case, a moral case or even a logical one in her op-ed. Doing any of those require acknowledging counter arguments and rebutting them with facts and analysis. Instead, her essay goes straight for the heartstrings and viscera, bypassing the brain entirely.

Goodwin was raped by her father when she was 12, you see. How horrible. She courts our sympathy, and, not inappropriately, receives it. However, she never makes the case that a young woman’s (or girl’s) misfortunes, however severe, justify taking the life of another human being.

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Ethics Alarms To NYT Columnist Ross Douthat: “Exactly!” (Corrected)

/ Jack Marshall / 15 Comments

Abortion monument

I’m still working on the Ethics Alarms prescription for an ethical national policy regarding abortion. The briefs and oral arguments in the Dobbs v. Jackson Women’s Health Organization case now before the U.S. Supreme Court are useful, but I received a special assist this morning from Times columnist Ross Douthat, who presented a full page, marvelously thorough and ethically spot-on analysis of the issue in an essay titled, “The Case Against Abortion.”

I wish I had written it, but I am grateful that he did. He deserves to have it read thoroughly by all, but some especially apt sections shout out for special mention:

  • “At the core of our legal system, you will find a promise that human beings should be protected from lethal violence. That promise is made in different ways by the Constitution and the Declaration of Independence; it’s there in English common law, the Ten Commandments and the Universal Declaration of Human Rights. We dispute how the promise should be enforced, what penalties should be involved if it is broken and what crimes might deprive someone of the right to life. But the existence of the basic right, and a fundamental duty not to kill, is pretty close to bedrock.

    “There is no way to seriously deny that abortion is a form of killing.”

    And that must be the starting point for any policy debate.

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