Douglas Kmiec Will Have a Plate of the "Safe, Legal and Rare" with a Side of "I Feel Your Pain," Please.

By Leon H Wolf Posted in Comments (26) / Email this page » / Leave a comment »

Comes now the latest insanity (via hot air) from former sentient being and Romney advisor Douglas Kmiec, who would like to tell us all how Obama is better than McCain on abortion. By way of reminder, when Kmiec originally decided to endorse Obama, our own Pejman Yousefzadeh took him to task, which provoked the following response from Kmiec on the abortion question:

Senator Obama has the interesting capacity to go to people and emphasize the values of self responsibility. So when he goes to Planned Parenthood, he says the usual things the Democrats say, but then he also emphasizes that we need to teach young people to have a reverence for what sexual intimacy means and how it’s necessarily linked to new life and parenting. That’s remarkable for someone on his side of the world to say. It’s not enough to satisfy my concerns as a Catholic and conservative who believes the Court had no business in that territory. But it is a kind of federalist reminder – that these problems get solved first in family, church and the community.

Apparently, after having basked in the glow of His Obamaness for a week or two, Kmiec has decided to recant. Not only is Obama not unsatisfactory on abortion, he is more satisfactory than Reagan, McCain, or either of the Bushes!

More below...

I was tempted to cut-and-paste long sections of Kmiec's piece and dissect them here for you all to see, but I'm afraid it's neither worth my effort nor your time. You see, Kmiec merely trots out every tired canard that has ever been used by any earnest Democrat or pro-choicer who has desired to assuage the consciences of sincere Catholics. Obama feels your pain. Obama understands this is a hard decision. Obama supports birth control which is the only real way to curb abortions [you reactionary Jesus Freak]. And on and on and on and I just can't bring myself to read all the way to the end of this particular book again, and I certainly don't want to subject you all, dear readers, to the same old arguments again and again. I have extensive archives here at RedState on this topic for those who care to read them. I have but a few brief observations that apply to Kmiec personally that I shall share with you all.

First, if he really believes the tripe he is now peddling, then he never had any business supporting Romney. He should have instead supported Rudy. This was, as you may recall, the defining difference between the two men's approach on abortion, which has heretofore been one of Kmiec's signature issues. The remaining differences between Rudy and Romney dealt almost exclusively with their personal, rather than policy, traits. And if a guy like Kmiec *really* thought the Rudy approach to abortion was superior, then I haven't the foggiest why he wasn't a Rudy supporter.

Second, Kmiec used to be a sharp enough guy to recognize the fallacy of the false dilemma when he saw it. Supporting judges who want to overturn Roe v. Wade doesn't mean you can't also support things like birth control, education, and parishioners talking to their pastors. Kmiec offers no evidence whatsoever that McCain is against the widespread availability of birth control or all the other things that allegedly make Obama's approach on abortion better. Kmiec's argument on this point really boils down to nothing more substantive than "Barack Obama looks a lot more handsome and convincing when he bites his lower lip and tells women that he feels their pain." Well, I suppose that may be true, but I haven't the foggiest why it should sway a man who makes a living by allegedly thinking and writing seriously about legal issues.

Third, how in the world does a guy like Kmiec, who himself recognizes in the piece I above linked that the very notion of abortion is incompatible with enlightened conceptions of personhood and basic human rights, not understand the moral disrepute that the existence of Roe v. Wade brings upon this country? It has been argued (I express no personal opinion on the matter) that even if the Civil War had not been fought, slavery in America would have ended prior to World War I. Let us posit a world, then, in which there never was a Civil War, yet here in 2008, the institution of slavery has peacably passed out of existence, its existence being justly repudiated by society as a whole. Does Kmiec suppose that it would have offered no value along the way for either the Courts or Congress to have passed some Constitutional amendment or statute expressly repudiating the Dred Scott decision? Would he today support a man who stood up and forthrightly declared that he supported the legal institution of slavery, provided that the same man very sincerely considered it to be a "tough moral choice"?

Of course, no morally serious person would support such a candidate. And Douglas Kmiec used to be a morally serious person. But now, one reads through his writings searching in vain for anything approaching serious moral reasoning that begins from valid premises and ends with sound conclusions. Instead, we are treated to Andrew Sullivan-esque analysis that leaves one with the feeling that the analyst is not describing a person, but rather a siren whose bewitching song has robbed the analyst of his reasoning faculties.

Kmiec used to be better than this. And he still professes to understand the great evil that abortion represents. Sadly, he has decided to actively pursue a course which demonstrates that his judgment has utterly betrayed him. It is thus somewhat apropos to find him in the camp of the man whose only claim to competence for the job to which he aspires is his own flawed judgment. It would appear that Kmiec and Obama have been peas in a pod all along.

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Douglas Kmiec Will Have a Plate of the "Safe, Legal and Rare" with a Side of "I Feel Your Pain," Please. 26 Comments (0 topical, 26 editorial, 0 hidden) Post a comment »
5 nt by Dan McLaughlin

"No compromise with the main purpose, no peace till victory, no pact with unrepentant wrong." - Winston Churchill

Did you ever see that by RandomGuy

Did you ever see that episode of Star Trek called "Spock's Brain" where Spock's brain gets stolen?

Lately, I've started to wonder if that's happened to Prof. Kmiec.

He's a very smart man, and if he could justify why he supports Obama with anything resembling a logical argument based on his principles, I'd disagree, but I'd at least respect his argument. However, his arguments lately are simply not respectable if he holds the beliefs that he says he holds. They are more like the musings of an alcoholic trying to convince himself that having one more drink is OK.

"I will look for people in the cast of John Roberts, Samuel Alito, and my friend the late William Rehnquist – jurists of the highest caliber who know their own minds, and know the law, and know the difference." - John McCain

when a smart man can get wrapped up in Obamamania.



Now also found at The Minority Report

Indeed. I mean, he's by RandomGuy

Indeed.

I mean, he's absolutely right that dealing with Abortion is more then just overturning RvW. Ultimately, it will require social changes that go far beyond a court decision. But exactly how is Obama, or McCain or any other politician for that matter, suppose to change that? We aren't electing the national deity, we're electing a president.

"I will look for people in the cast of John Roberts, Samuel Alito, and my friend the late William Rehnquist – jurists of the highest caliber who know their own minds, and know the law, and know the difference." - John McCain

We've established that he's not a fool but the phrase "safe, legal and rare" is usually said in foolishness or willful dishonesty. It's not inherently safe and if it's legal, it won't be rare. I don't know that is should be illegal, per se, but I don't see that side of the aisle making any efforts to change the culture.

lesterblog.blogspot.com

conservative legal anaylist.

5555555555! n/t by Feddie

__________________________________________________

The blogger formerly known as "Alexham"

THIS is the real reason Kmiec supports Obama. He goes on to say:

•Reaffirm an American foreign policy respectful of international standard

•And end an unjust, preemptive war – another obvious life issue -- that deprives families of some of our most self-sacrificing yet often least advantaged young men and women and drains our economy in a 3 trillion dollar fashion, crippling our practical ability to be the force for human good that Americans want their country to be.
http://tinyurl.com/3zkeuj

So Mr. Kmiec is faced with cognitive dissonance: He is passionately antiwar and Obama is antiwar; but he's struggling to reconcile the rest of his conservative beliefs with Obama's doctrinaire liberalism.

In that sense he's like Pat Buchanan, who has now written column after column supporting Nancy Pelosi in her attempts to end America's military intervention in Iraq.

Unfortunately, no. by RandomGuy

I wish that were the case. That would at least make sense. However, during the primaries, he was a big Romney supporter.

Apparently he believed Romney was lying about his support of the war? That's the one and only thing that makes any sense.

"I will look for people in the cast of John Roberts, Samuel Alito, and my friend the late William Rehnquist – jurists of the highest caliber who know their own minds, and know the law, and know the difference." - John McCain

To be fair, what choice does Kmiec have? I have reluctantly come around on McCain because I agree with him on Iraq. But it’s a lot easier to overlook McCain’s flaws when you agree with him on the single biggest issue of our time. Take that issue off the table and suddenly it becomes very difficult to line up for the Straight-Talk Express.

Kmiec might say Romney was right on taxes, judges, sovereignty, and values. Obama is right on the War. McCain is right on nothing.

I said he has not given a rational reason given his behavior.

If he were against the war, that's his big issue, why did he support Romney? If that's his big issue, he should have been supporting Obama or someone like that all along.

But he wasn't, he was with Romney. If his position on the war is what drove him, he shouldn't have supporter Romney.

If he wants to come out and say "I'm opposed to the war, which I think is an extremely important reason that overrides my opposition to Obama's policies on abortion, and I was wrong to support Romney and/or I thought Romney's support of the war was phony," I would strongly disagree, but his reasoning would be sound.

But that's not what he's doing. He's trying to spin some silly argument about Obama being more pro-life and ignoring the fact that he supporter Romney while Romney was supporting the war.

It's not that I disagree, I do, but who cares? It's that his reasoning is irrational.

"I will look for people in the cast of John Roberts, Samuel Alito, and my friend the late William Rehnquist – jurists of the highest caliber who know their own minds, and know the law, and know the difference." - John McCain

Mr. Kmiec feels strongly about two key issues: He's pro-life and he's antiwar.

Go ahead, name me a candidate who fits that profile other than Ron Paul, who had no chance of getting nominated.

So no matter which candidate he ends up supporting, he is going to have to twist himself like a pretzel into convincing himself that the candidate is OK on both those issues when he really isn't.

Frankly, of the other Republicans running, I always regarded both Rudy Giuliani and McCain as more hawkish on foreign policy than Romney. The difference was one of passion. Romney would fight terrorists, sure. But the difference is that Rudy actually hates their stinking guts for what they did to his city on 9-11, and with him it's personal.

He's making some silly argument about Obama being more pro-life.

I said, if he came out and basically said "I didn't think Romney was all that serious about his war support, so I favored him, but I favor Obama because he's anti-war," that would at least make some sense. But that's not what he's doing. He's trying to justify his position with weird acrobatics that make no sense.

"I will look for people in the cast of John Roberts, Samuel Alito, and my friend the late William Rehnquist – jurists of the highest caliber who know their own minds, and know the law, and know the difference." - John McCain

Or at the very least he is still MUCH better than Obama on these subjects. And he is no worse than Obama on sovereignty; if by that you mean amnesty.

All of which makes Kmiec's endorsement of Obama all the more insane.

I think he's arguing some kind of "balancing test" thing, since McCain isn't good ENOUGH on these things, he'd flip to Obama.

But still, it's one of those things where if that's what he thinks, he's not saying it. That's why his arguments don't make sense.

"I will look for people in the cast of John Roberts, Samuel Alito, and my friend the late William Rehnquist – jurists of the highest caliber who know their own minds, and know the law, and know the difference." - John McCain

Romney was late in advocating the surge. If you remember the GOP debates, he took a rather lukewarm approach to the surge: "We'll see how it plays out," he said.

Not like McCain, who used tough language like "victory."

He's got the same problem with Romney and Iraq that he has with Obama and abortion: He can't find a candidate who agrees with him on all his key issues--who is both a dove on Iraq and is pro-life.

The only pro-life dove I can think of is Ron Paul, and he's a flake.

So he's stuck between Romney, who was pro-life and a moderate hawk, and Obama, who is pro-choice and a dove.

Perhaps that's true, but that's certainly not what Romney was selling. NR went nuts when McCain accused Romney of not supporting the surge.

I personally just think Romney will say pretty much anything to get elected.

Bottom line is that there are arguments Kmiec COULD make that make sense. But he's not making them.

"I will look for people in the cast of John Roberts, Samuel Alito, and my friend the late William Rehnquist – jurists of the highest caliber who know their own minds, and know the law, and know the difference." - John McCain

Has Doug Kmiec ever heard of...... by St. Louis Conservative

...the Born Alive Infant Protection Act? I'd love to see how he explains that one away.

“.....women and minorities hardest hit”

I don't get it by Nintendork22

As a Catholic myself, it bothers me greatly how some of my fellow Catholics attempt to justify voting for someone like Barack Obama who is about as liberal as it gets on abortion rights. Its a huge issue and you can't just come up with reasons to excuse it.

... with respect to bioethics. If you don't have the bioethics down, you could be the most conservative jurist in the world and still think legal abortion is fine because you think fetuses are like toe clippings.

well said, Leon [nt] by Paul J Cella

And the Lord upon the Golden Horn is laughing in the sun.

I was about to add an [nt] to that as, quite frankly, that sums it up for me.

However, I find Kmiec's position and "argument" (if you can call it that) so morally and intellectually reprehensible that he makes Mitt Romney look bad since Kmiec previously supported him. I know that is unfair to Romney -- I really do -- but I am being honest.

Agreed, sort of by ZootSuit

It's just that Kmiec's comments and support of Barack Obama are just so asinine.

Hey. I'm an original FredHead but if Kmiec had headed Fred's judicial team but then supported Obama and said the things he has said, I would wonder about Fred.

I'm sorry but I just find Kmiec's comments so whack!

Kmiec was a great Conservative on legal issues and a great academic. He was Assistant Attorney General for the Office of Legal Council under Bush 41, replacing Ted Olson. He's also written a lot of great stuff about federalism, natural law, pro-life, etc.

It just seems like he's lost his mind lately. That's why things are so weird.

"I will look for people in the cast of John Roberts, Samuel Alito, and my friend the late William Rehnquist – jurists of the highest caliber who know their own minds, and know the law, and know the difference." - John McCain


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