Comment rescue: Elwood P Dowd in The Pirate’s Cove on prenatal infanticide

William Teach’s most liberal commenter, a strong supporter of prenatal infanticide, asked:

When does a conceptus become a person?

It should be at conception!

We already know that he is alive; we define single cell organisms as alive if they meet certain criteria, including respiration, absorption of nutrients, elimination of wastes and reproduction. There is no question that life exists even at the moment of conception.

Which leaves those favoring prenatal infanticide trying to claim that he is not human or is not a person. He is obviously human, in that his DNA are human, and he continues along the natural growth path through which all humans go. We develop through gestation, and we continue to develop after we are born; development and growth, as well as aging and decline are natural parts of life.

That leaves the question the distinguished Mr Dowd raises: is he a legal person?

The Supreme Court addressed a similar question 166 years ago:

The question is simply this: can a negro whose ancestors were imported into this country and sold as slaves become a member of the political community formed and brought into existence by the Constitution of the United States, and as such become entitled to all the rights, and privileges, and immunities, guarantied by that instrument to the citizen, one of which rights is the privilege of suing in a court of the United States in the cases specified in the Constitution? . . . .

The words “people of the United States” and “citizens” are synonymous terms, and mean the same thing. They both describe the political body who, according to our republican institutions, form the sovereignty and who hold the power and conduct the Government through their representatives. They are what we familiarly call the “sovereign people,” and every citizen is one of this people, and a constituent member of this sovereignty. The question before us is whether the class of persons described in the plea in abatement compose a portion of this people, and are constituent members of this sovereignty? We think they are not, and that they are not included, and were not intended to be included, under the word “citizens” in the Constitution, and can therefore claim none of the rights and privileges which that instrument provides for and secures to citizens of the United States. On the contrary, they were at that time considered as a subordinate and inferior class of beings who had been subjugated by the dominant race, and, whether emancipated or not, yet remained subject to their authority, and had no rights or privileges but such as those who held the power and the Government might choose to grant them.

The case was, of course, Dred Scott v Sandford, 60 U.S. 393 (1856).

Roe v Wade, 410 U.S. 113 (1973), was similarly decided: beings which had no voice of their own were not legal persons, and could simply be killed at the whim of the pregnant women, just as Chief Justice Roger Taney ruled that, not being legal citizens of the United States, Negroes had no right to sue in the federal courts.

It took what President Lincoln called a “great civil war,” and the military defeat of the Confederacy, plus the imposition by the victorious Union of the 13th, 14th and 15th Amendments to replace the decision in Dred Scott.

The appellee and certain amici argue that the fetus is a “person” within the language and meaning of the Fourteenth Amendment. In support of this, they outline at length and in detail the well known facts of fetal development. If this suggestion of personhood is established, the appellant’s case, of course, collapses, for the fetus’ right to life would then be guaranteed specifically by the Amendment. The appellant conceded as much on reargument. On the other hand, the appellee conceded on reargument that no case could be cited that holds that a fetus is a person within the meaning of the Fourteenth Amendment.

The similarities with the Dred Scott decision are stark and obvious.

Mr Dowd also wrote:

Americans never respond well when a right is taken away. For 50 years Roe v. Wade has been the law of the land, with women having the right to an abortion with significant limits after the first 12 weeks of gestation (1st trimester).

Many Americans did not respond well when their rights to own slaves were taken away, but those rights were taken away to grant rights to the people who had been enslaved. If Roe is overturned, it will be to give rights to, to recognize the rights of those living human beings who are still in their mothers’ wombs.

I get it: many pregnant women simply do not want a child, or another child. They have now, and will have in the future, the absolute right to surrender that child for adoption, a right I would not take away even if I could. This could result in a hard life for those children, but a hard life is better than no life. We see this with the handicapped, many of whom about which we have said — though not to their faces — “I could never live like that; I’d rather be dead,” who have an attempted suicide rate roughly four times than of non-disabled people, but still fewer than 10% actually attempt to kill themselves:

As compared to adolescents without physical disabilities, adolescents with physical disabilities were significantly more likely to commit suicide or have suicidal behavior. In a study among 85,765 students in Denmark, Christoffersen, Poulsen, Nielsen found that adolescents who had been hospitalized for severe handicap or chronic disease had an increased rate of attempted suicide as compared to those were not physically disabled (8.7% vs 2.9%). In a cross-sectional study conducted in 13,917 adolescents from the 50 states and the District of Columbia, Epstein and Spirito reported that adolescents with physical disabilities and health problems were significantly more likely to attempt suicide as compared to those without (OR = 3.01, CI: 2.18-4.17). Hence, the limited number of studies that took a look at suicide in physically disabled adolescents, it was found that adolescents with physical disabilities were more likely to attempt suicide as compared to those did not have physical disabilities.

If 8.7% of physically disabled adolescents attempt suicide, then 91.3% do not. Somehow, some way, 91.3% of handicapped adolescents, the people about whom we have so often mused that “I’d rather be dead than to live like that,” have decided that they’d rather live than die.

After my father left, while I was in the second grade, I grew up poor. My mother, who had no education beyond high school, was responsible for caring for three children — I was the oldest — as my father found child support to be more of an option than an obligation. In the 1960s, men could get away with that! While not as poor as some, we did go a couple of months without running water, when a pipe froze and burst, and my mother did not have the money to get a plumber to fix it. Yet, despite that, I never contemplated suicide.

We see it in prisoners on death row, the vast majority of whom continue their appeals to the last extremis, preferring to stay alive in a cage than to die. Life may be hard for the orphan, but it is still life.[1]Regular readers of The First Street Journal know that I am opposed to capital punishment.

Abortion in almost every case is a choice of the convenience of the pregnant woman over the life of her unborn child.

On November 24, 2008, Patterico posed a question based on a comment from one of his readers:

Suppose the technology existed to safely remove a fetus from a womb at any gestational stage for incubation elsewhere until birth. If such “no-death abortion” was available to any woman who wanted it, would most abortion rights supporters stand down?

I’m especially interested in what abortion rights supporters have to say, because I’ve always thought that their position is based on opposition to forced pregnancy (”Keep your laws off my body”).

I especially love this hypothetical because I too have been thinking about the same issue for years. Indeed, I asked a modified version of it in this post. But Not Rhetorical’s articulation is less inflammatory and more conducive to good discussion.

I’m especially fond of the hypothetical because I explicitly discussed it recently with two women: the first night with one who was pro-choice, and the next night, with one who was pro-life. (To my surprise, the pro-choice woman would most assuredly not accept the sort of “no death abortion” that Not Rhetorical posits.)

I have told people since (and said to the pro-life woman) that I wish I could have had a camera over my shoulder taking footage when I was talking to these women. I respect both of the women very much, even though I violently disagreed with the pro-choice woman on this issue. But I found the contrast between their points of view — and the reasons for them — to be transcendent and profound in a way I’m not sure I could ever adequately express.

I don’t feel comfortable saying more, even without naming the women, because the conversations were private. But the conversation solidified my view that this particular hypothetical cuts right to the heart of the debate in a way that few others do.

I also very much liked Not Rhetorical’s suggestion for commenters: “I’d appreciate it if you could keep the usual stuff about murder and evil and so forth to a minimum. Like zero. I’m more interested in a dispassionate discussion.” Indeed. Every discussion about abortion devolves into one side screaming Abortion Evil! and the other side screaming Abortion Is a Right! That can get tiresome, and I’m looking for something that addresses the concerns raised by the specific hypothetical.

Patterico added the following to his hypothetical, assuming that the law absolutely assures mothers who choose this that they will never bear any legal responsibility for the child, whether financial or otherwise.

There are 153 reader comments, and they run the gamut, but there are clearly some who don’t think that such a solution would be a good thing, talking about the burdens on the adoption and foster care systems, and on welfare. One commenter, styling himself TC, wrote:

Anybody ever stop to think that not ALL conceived homo sapiens should be brought to life? I suppose I’m a bit tainted by a grandmother that was an OB nurse for 43 years and hearing some of her tales. . . . .

One more time here, IT IS JUST NOT YOUR BUSINESS AT ALL!!! YOU DO NOT HAVE A RIGHT or even a NEED TO KNOW!!! ever!!!

So very many people are just as concerned about getting rid of the child as they are about the woman who does not want to be pregnant. So many people seem to believe that children ought to be disposable, because they are just so much of a burden.

Actress Nana Visitor, who played Major Kira Nerys on Star Trek: Deep Space Nine, was pregnant during the filming of Season 4, and the writers found an interesting way to work it into the series. In the episode “Body Parts,” Keiko O’Brien was critically injured in an accident aboard a runabout. In order to save her baby, Dr Julian Bashir transferred it to the only available undamaged womb, Major Kira’s. Several episodes into Season 5 involved Major Kira and her interaction with the O’Brien family, and of course the Major was simply helping them out, and was going to give the baby, eventually named Kirayoshi, to the O’Briens after delivery.

That she did, but after Kirayoshi was born, Major Kira wistfully, almost tearfully said that she just wished she could hold him. How many of the women who favor prenatal infanticide are worried that once they go through pregnancy, fully intending to give up their child, wouldn’t be able to do so due to the natural bonding that takes place between human mothers and children? It’s just so much more important to kill him before that can happen!

In the end, those favoring abortion seem just as interested in making sure the child is dead than just relieving the pregnant woman of her burden. Those favoring prebirth infanticide are the ones siding with Chief Justice Taney.

References

References
↑1 Regular readers of The First Street Journal know that I am opposed to capital punishment.

“What difference, at this point, does it make?”

The title is taken from former Secretary of State Hillary Clinton’s infamous statement as she was trying to defend herself from charges of ineptitude as four Americans were killed by rioters in Benghazi. But that statement can apply to so many things.

Clarence Dixon

Clarence Dixon’s Final Words Before Execution in Arizona

by Khaleda Rahman | Thursday, May 12, 2022

Clarence Dixon chided medical staff in his final moments before he was put to death in Arizona’s first use of the death penalty since 2014.

Dixon, 66, who was blind and in declining health, died by lethal injection at the state prison in Florence for the 1978 killing of 21-year-old Arizona State University student Deana Bowdoin.

He was executed at 10 a.m. local time, according to Frank Strada, a deputy director with Arizona Department of Corrections, Rehabilitation and Reentry.

“The Arizona Supreme Court should follow the laws,” Strada said Dixon declared shortly before he was put to death, according to The Associated Press.

“They denied my appeals and petitions to change the outcome of this trial. I do and will always proclaim innocence. Now, let’s do this sh**.”

There’s more at the original. Continue reading →

Senator Bob Casey lies through his scummy teeth! Another Catholic Democrat who finds being a Democrat more important than being Catholic

In 2004, Pennsylvania’s Auditor General, Bob Casey, Jr, ran for State Treasurer. Because I wanted to support declared pro-life candidates, and because I wanted to see more pro-life Democrats in the Democratic Party, I went ahead and cast my ballot for Mr Casey.

This was obviously a mistake.

Sen. Bob Casey said he’ll back a bill to ensure abortion access, a new marker for the ‘pro-life’ Democrat

Casey, and his family, have a long and complicated history with abortion laws, but the Democratic senator said he will vote for the Women’s Health Protection Act.

by Jonatham Tamari | Tuesday, May 10, 2022

WASHINGTON — Sen. Bob Casey will vote to support a bill to ensure access to abortion nationwide, he said Tuesday, taking a significant step in favor of abortion rights despite long describing himself as a “pro-life” Democrat.

Casey, whose namesake father was part of a landmark Supreme Court case on abortion restrictions, announced his stand Tuesday ahead of a Senate vote, expected as soon as Wednesday, that would attempt to write into law the Supreme Court’s 1973 Roe v. Wade decision legalizing abortion and blocking many bans.

While the vote is certain to fail in the face of opposition from Republicans and likely from West Virginia Democrat Joe Manchin, it represents Democrats’ first formal pushback against a forthcoming Supreme Court decision that appears poised to overturn the pivotal abortion ruling.

Casey, in a statement, said he has never voted for and would not support “a categorical ban on abortion” that could result from the expected ruling.

There’s more at the original.

What exactly does “pro-life” mean to someone who has claimed that definition, but who is planning to vote for a bill which would codify a ‘right’ to prenatal infanticide into federal law? Continue reading →

The pro-abortionists really, really don’t like it when someone uses plain and concise language If abortion is such a good and noble thing, why must the left mealy-mouth their words about it?

We have previously noted how the credentialed media use control of language to try to influence the debate toward their favored positions, which always seem to be toward the left.

Twitter did so by prohibiting “targeted misgendering or deadnaming of transgender individuals.” Simply put, if someone wanted to tweet something about William Thomas, the male swimmer who claims to be female and is on the University of Pennsylvania’s women’s swim team using the name “Lia,” that person would have to concede to Mr Thomas’ claim that he is a woman by using the feminine pronouns and his assumed name, not his real one. The New York Times laughably gave major OpEd space to Chad Malloy, a man male who claims to be a woman going by the name “Parker” to claim that Twitter’s Ban on ‘Deadnaming’ Promotes Free Speech.

Twitter’s ban on ‘deadnaming’ — the reference to ‘transgender’ people by their birth names — and ‘misgendering’ — the reference to ‘transgender’ people by their natural, biological sex — tramples on the speech of normal people, people who do not believe that girls can be boys and boys can be girls. The argument is that, in effect, we can’t hurt their precious little feelings, and so we must concede their major point to engage in debate. Here’s hoping that Elon Musk changes that!

Now comes Jeffrey Barg, also known as the Angry Grammarian, getting upset that Associate Justice Samuel Alito used plain language, did something radical like tell the truth, in his leaked draft majority opinion on Dobbs v Jackson Women’s Health Organization: Continue reading →

Conservative Kentuckians need to thank Mitch McConnell! He filled an inside straight when the safe bet would have been to fold.

Screen capture from The Washington Post. Click to enlarge.

If this draft opinion truly reflects the decision of the Court, we need to give thanks exactly where it is due: to Senator Mitch McConnell (R-KY), who, as Majority Leader at the time, prevented a vote which would have elevated Merrick Garland to the Supreme Court. This allowed President Trump to instead appoint Neil Gorsuch, one of the (reported) 5-4 majority which overrules Roe v Wade 410 US 113 (1973).

When Senator McConnell took his decision, it was not at all clear that a Republican would win the 2016 election. The odious Hillary Clinton was the presumptive nominee of the Democratic Party, though Bernie Sanders was still making inroads, and Donald Trump was throwing the orderly Republican nomination process into chaos. Every poll, every poll, concluded that Mrs Clinton would solidly defeat Mr Trump if that was how the November contest would be held. If that turned out to be the case, the (purportedly) more moderate Judge Garland would be replaced as nominee by a really flaming hard leftist like, oh, Judge Ketanji Brown Jackson.

Even if Mrs Clinton would simply have renewed the appointment of Judge Garland, were he on the Supreme Court he would have voted to uphold Roe.

Senator McConnell placed a serious bet, against the odds, and he won; he filled an inside straight, when the safe bet would have been to fold.

I’m very proud to say that I voted for Mitch McConnell in November of 2020!

“It’s a stinking business, Mr Rutledge, a stinking business!” It seems that Planned Parenthood is having difficulties finding physicians who want to perform abortions

In the musical 1776, Roy Poole, the actor playing delegate Steven Hopkins of Rhode Island, shouts to John Callum, who played Edward Rutledge of South Carolina, on slavery, “It’s a stinking business, Mr Rutledge, a stinking business!” That’s how I see abortion, and I am appalled that anyone would willingly be a part of it.

According to the Bureau of Labor Statistics, there were 940 OB/GYNs employed in Georgia in May of 2010, the fifth highest in the nation. The ‘location quotient’ for OB/GYNs in the Peachtree State was 1.38; BLS defines the term as:

The location quotient is the ratio of the area concentration of occupational employment to the national average concentration. A location quotient greater than one indicates the occupation has a higher share of employment than average, and a location quotient less than one indicates the occupation is less prevalent in the area than average.

There are 21 OB/GYNs employed in Georgia per 100,000 population, which is the highest number in the South, and one of the highest in the nation, but somehow, Planned Parenthood can’t find anyone in the Peachtree State willing to perform preborn infanticides! Continue reading →

Will other bishops and priests have this kind of courage?

Among all of the talk about denying the Eucharist to (purportedly) Catholic politicians who support abortion, I have very, very rarely heard of it actually being done. From the Catholic News Agency:

    Diocese responds after state senator says he was denied Communion

    By Kate Scanlon | July 19, 2021 | 2:30 PM EDT

    Washington, DC: After a New Mexico state senator said he was denied Communion this weekend because of a political matter, his diocese responded that it had privately warned him he should not approach for Communion, due to his obstinate support for a pro-abortion bill.

    In a tweet on Saturday, July 17, New Mexico state Sen. Joe Cervantes (D) wrote he “was denied communion last night by the Catholic bishop here in Las Cruces and based on my political office.”

    “My new parish priest has indicated he will do the same after the last was run off,” Cervantes added. “Please pray for church authorities as Catholicism transitions under Pope Francis.” The senator represents New Mexico’s 31st district, around Las Cruces.

    In response, Christopher Velasquez, director of communications for the Diocese of Las Cruces, told CNA on Monday that it is “unfortunate that a pastoral issue with a member of the local church be publicized.”

Mr Velasquez stated that Senator Cervantes was notified, several times, by both the Most Reverend Peter Baldacchino, Bishop of Las Cruces, and his local diocesan pastor, that if he voted for Senate Bill 10, which Mr Cervantes cosponsored, repealed a 1969 state law criminalizing abortions, he should not present himself to receive the ERucharist. That law has not been enforced since the odious Roe v Wade decision, but if the Supreme Court ever overruled Roe v Wade, the New Mexico law could come back into effect. The Bishop, Mr Valasquez said, had not received any reply from Senator Cervantes. The article did not specify whether Mr Cervantes had responded to his diocesan pastor.

It’s good to see a Bishop with the courage of his convictions and his faith. If only more bishops and priests would show the same mettle.

Alabama gets stupid about capital punishment A waste of time and money

Sometimes I have to wonder about the utter stupidity of some people. Willie B Smith III was sentenced to death in Alabama for the 1991 murder of Sharma Ruth Johnson in Birmingham. Mr Smith and his cronies abducted her at an ATM, forced her to withdraw $80 in cash, at which point they took her to a cemetery, upon which Mr Smith shot her in the back of the head.

The too-few readers of The First Street Journal know that I am opposed to capital punishment, but that is not the point of this article.

Mr Smith was scheduled to be executed, and requested that his pastor accompany him into the death chamber. The Department of Corrections refused, and Mr Smith’s attorney sued. The Court of Appeals for the Eleventh Circuit issued an injunction stating that Mr Smith had a right to have his pastor present. Alabama could have simply granted Mr Smith’s request, and proceeded with the execution, but no, the State had to get all high and mighty and appeal to the Supreme Court, where the state lost. From The Washington Post:

Supreme Court says Alabama cannot execute inmate without his pastor present

By Robert Barnes | February 12, 2021 | 8:12 AM EST

The Supreme Court said late Thursday night that Alabama could not execute a death row inmate without the man’s pastor by his side, and indicated that other states must find a way to honor final requests for a spiritual adviser in the death chamber.

The court’s order came an hour before Alabama’s self-imposed deadline of executing Willie B. Smith III, convicted of a 1991 robbery and murder. A lower court had put the execution on hold, and Alabama asked the Supreme Court to step in.

But the request divided the court’s conservative majority. For the first time since she joined the court in October, Justice Amy Coney Barrett sided with liberal colleagues in a capital punishment case, saying federal law requires states to make accommodations for prisoners like Smith.

Barrett joined an opinion by Justice Elena Kagan that said a federal law protecting the religious rights of prisoners set a high bar Alabama did not meet.

There’s more at the original.

I have to ask: why did the state not simply allow Mr Smith’s pastor into the execution chamber? If the pastor agreed to perform that onerous duty, and agreed not to be disruptive, there was no practical reason not to allow this. Faced with the injunction from the Eleventh Circuit, the State had to know that its legal position was shaky, and that if the Supreme Court declined to end the injunction, the execution date would pass with Mr Smith still breathing.

And that’s what happened. Mr Smith is still alive. As an opponent of capital punishment, I think that’s a good thing. More, it exposes just how stupid states can get when it comes to capital punishment. Pennsylvania, for instance, has 142 people on death row, but has actually executed only three men since the reinstatement of capital punishment in 1974 . . . and all three men “volunteered,” voluntarily dropped all of their appeals to just get it over. Despite all of the additional costs that come with a capital sentence, the Keystone State has not been able to put anyone to death against his will!

Governor Tom Wolf (D-PA) is an opponent of capital punishment, but does not have the authority to commute death sentences without the recommendation of the state Board of Pardons and Paroles. He can, and has, refused to advance any capital sentences toward execution. But, don’t blame Governor Wolf too much; the previous Governor, Republican Tom Corbett, a strong supporter of capital punishment, signed 47 death warrants during his four years in office, and there were still no executions during his term. Is not stupidity involved in maintaining capital punishment in the Keystone State?

California has 711 people on death row, but has executed only 13 since 1976, and the last one was in 2006. Is not stupidity involved in having capital punishment in the Pyrite State?

Alabama? Well, the state has been successful in carrying out executions, 67 of them since the restoration of capital punishment. But with the stupidity, and yes, stupidity is the right word, shown by Jefferson Dunn, Commissioner of the Department of Corrections, it’s amazing that he’s been so successful. It would have been far more efficient, and less expensive, to have simply granted Mr Smith’s last request. By doing that, the state would have been able to carry out the sentence; by fighting it, the state lost, and failed to carry out the execution.

Justice Brett Kavanaugh, who dissented from the decision not to vacate the injunction, wrote:

Because the State’s policy is non-discriminatory and, in my view, serves the State’s compelling interests in ensuring the safety, security, and solemnity of the execution room, I would have granted the State’s application to vacate the injunction.

But the Court has a different view and denies the State’s application. Given the stays of execution here and in Gutierrez v. Saenz, it seems apparent that States that want to avoid months or years of litigation delays because of this RLUIPA (Religious Land Use and Institutionalized Persons Act) issue should figure out a way to allow spiritual advisors into the execution room, as other States and the Federal Government have done. Doing so not only would satisfy inmates’ requests, but also would avoid still further delays and bring long overdue closure for victims’ families.

In other words, Justice Kavanaugh said to states which still have the death penalty, don’t be stupid!

As the Post noted, while we know that Chief Justice John Roberts and Associate Justices Clarence Thomas and Kavanaugh sided with Alabama, the votes of Justices Neil Gorsuch and Samuel Alito are not mentioned. At least one of them must have voted along with Justices Elena Kagan, Sonia Sotomayor, Steven Breyer and Amy Barrett, to form a majority.

The easiest non-stupid thing to do would be to simply eliminate capital punishment. It’s actually cheaper to imprison someone for life than it is to execute him. And Alabama’s stupidity in this case is just one more in a long list of dumb behavior the courts have had to adjudicate as states have tried to put people to death.