The always-interesting John Zmirak disagrees
with Lew Lehrman's
attempts to make abolitionists a model for the pro-life
movement. Zmirak is right that centralizing, univeralizing
ideology is more likely to lead to results pro-lifers and other
social conservatives dislike than the other way around. The logic
might also appear to justify violent antiabortion extremism. "We
can't," Zmirak writes, "turn the pro-life movement into a
Kantian, ideological monstrosity."
There are definitely problems with Lehrman's essay, and perhaps
with the entire project of rooting the pro-life movement in
excessively
Declarationist grounds. But I'm not sure Lehrman's basic
premise has to lead in the precise direction Zmirak takes
it. For one thing, Lehrman doesn't come close to suggesting
we should fight a Civil War over abortion. He specifically
defends Lincoln's political efforts against slavery, which prior
to the war were fairly incrementalist (which is why some
anti-Lincoln Civil War revisionists argue the 16th president was
insufficiently abolitionist).
Furthermore, Lehrman doesn't seem to be "suggesting that a set of
natural rights" ought to be "discerned by intellectuals and
imposed by judges." Neither does he appear to be proposing "a
totalizing system that enforce[s] 'human rights'" in place of
conservative if occasionally wrongheaded local subcultures.
Instead Lehrman opposes the abortion and slavery rulings "imposed
by judges" and urges pro-lifers to strip federal courts of
jurisdiction over abortion, which would enable the
"state-by-state approach to banning abortion" Zmirak supports.
Lehrman is appealing to the conscience of the nation, hoping that
the American people will use reason to discern natural law and
have their elected representatives vote in the morally correct
way.
A modest linkage between opponents of legal abortion and legal
slavery can probably be defended: both groups oppose something
widely practiced, recognized by law, and seen as indispensable to
the economic livelihood and social fabric of its practictioners.
Yet both movements, dominated by believing Christians,
nevertheless recognized these accepted practices as moral evils
perpetrated against their fellow human beings that must
ultimately lose the sanction of law. The British anti-slavery
movement might be a better parallel than the more radical
American abolitionists -- and the British succeeded earlier --
but there are definitely some deeply American traditions to draw
upon here.
The main thrust of Zmirak's argument seems to be that Lehrman's
project is a politically pointless delusion. Abortion opponents
will ultimately fail to win the image of moral authority held by
abolitionists. I suspect Zmirak is right that it is probably
easier to teach a slightly prejudiced pro-lifer to abandon racism
than to make a committed anti-racist social liberal feel sympathy
for the plight of the unborn. But there's also
good reason to believe that the pro-life movement's ability
to marshal liberal, rights-based arguments for its position --
even this approach is not without its own problems -- has
made the pro-life cause accessible to people who would never,
say, oppose same-sex marriage.
But the pro-lifer/abolitionist analogy is just that: an analogy
that is imperfect and inevitably breaks down somewhere. To my
mind, it works best as a cause for encouragement among
pro-lifers: If abolitionists could succeed against a moral evil
with such deep roots in law, custom, and culture as slavery, they
should have some hope of overturning the abortion regime of the
past 36 years.
"If abolitionists could succeed against a moral evil with such
deep roots in law, custom, and culture as slavery, they should
have some hope of overturning the abortion regime of the past 36
years." Very encouraging note to end on. Thank you!
Thanks, Jim. Actually, I left unspoken a key element that was
implicit in my thinking: The conflict between Scalia and Thomas
on the Court. From what I've read, Scalia thinks the Constitution
is silent on abortion, and that it must be left to legislators in
the 50 states to outlaw it (just what we do with murder). Thomas
is said to follow Jaffa's arguments, and believe that the Court
could "find" in the Declaration and the 14th Amendment the right
to life for the unborn--and at least in theory, could decree (in
a kind of mirror-image of Roe v. Wade) their protection. THAT is
the scenario I had in mind, but my other points against
centralization stand without it.
Big Leo| 3.30.09 @ 1:58PM
The analogy is excellent. During the pre-Civil War period the
Abolitionists were a minority, but a large number of people in
the North (and a surprising number in the South) opposed slavery
in a vague non-absolutist way. It was the Civil War, the struggle
itself that changed that weak antislavery sentiment into a
resolve to end the whole institution. The contact with the Union
soldiers with the realities of slavery as they encountered it in
the drive south brought about much of that change. The more we
face the realities of abortion, the greater the public support
will be for abolishing it.
"Yet both movements, dominated by believing Christians,"
Actually many of the abolitionists in the North were no longer
orthodox (small o) Christians and had embraced a liberal social
gospel (often outright Unitarian and Universalist.) The South was
definitely the bastion and defender of Christian orthodoxy at the
time of the War.
Dr. David Rusch| 3.31.09 @ 12:29AM
The whole issue between abortion and slavery is this: They are
morally equivalent atrocities. However, it only takes a Supreme
Court decision that recognizes the humanness (i.e. personhood) of
the unborn to end the abortion holocaust. Or perhaps even a
presidential decree. The states right thing is not viable. Is
there any argument that can lower this issue to one that
individual states have authority? I think not. If this is the
case then slavery falls into the same category. The protection of
innocent human life must be infused into the constitution – and
it actually already is in the Declaration of Independence (The
Creator and Life) and the scientific certainty of the humanness
of the unborn.
Brian Kirk| 3.30.09 @ 12:49PM
"If abolitionists could succeed against a moral evil with such deep roots in law, custom, and culture as slavery, they should have some hope of overturning the abortion regime of the past 36 years." Very encouraging note to end on. Thank you!
John Zmirak| 3.30.09 @ 12:58PM
Thanks, Jim. Actually, I left unspoken a key element that was implicit in my thinking: The conflict between Scalia and Thomas on the Court. From what I've read, Scalia thinks the Constitution is silent on abortion, and that it must be left to legislators in the 50 states to outlaw it (just what we do with murder). Thomas is said to follow Jaffa's arguments, and believe that the Court could "find" in the Declaration and the 14th Amendment the right to life for the unborn--and at least in theory, could decree (in a kind of mirror-image of Roe v. Wade) their protection. THAT is the scenario I had in mind, but my other points against centralization stand without it.
Big Leo| 3.30.09 @ 1:58PM
The analogy is excellent. During the pre-Civil War period the Abolitionists were a minority, but a large number of people in the North (and a surprising number in the South) opposed slavery in a vague non-absolutist way. It was the Civil War, the struggle itself that changed that weak antislavery sentiment into a resolve to end the whole institution. The contact with the Union soldiers with the realities of slavery as they encountered it in the drive south brought about much of that change. The more we face the realities of abortion, the greater the public support will be for abolishing it.
Red Phillips| 3.30.09 @ 4:55PM
"Yet both movements, dominated by believing Christians,"
Actually many of the abolitionists in the North were no longer orthodox (small o) Christians and had embraced a liberal social gospel (often outright Unitarian and Universalist.) The South was definitely the bastion and defender of Christian orthodoxy at the time of the War.
Dr. David Rusch| 3.31.09 @ 12:29AM
The whole issue between abortion and slavery is this: They are morally equivalent atrocities. However, it only takes a Supreme Court decision that recognizes the humanness (i.e. personhood) of the unborn to end the abortion holocaust. Or perhaps even a presidential decree. The states right thing is not viable. Is there any argument that can lower this issue to one that individual states have authority? I think not. If this is the case then slavery falls into the same category. The protection of innocent human life must be infused into the constitution – and it actually already is in the Declaration of Independence (The Creator and Life) and the scientific certainty of the humanness of the unborn.