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The Conservative Crackup

Kmiec's Abortion Folly

Posted Thursday, Nov. 6, 2008, at 1:40 PM ET

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Tucker, Douglas, Jim, Kathleen, and Christine,

I tend to think that the GOP's position on abortion is pretty low on the list of topics that conservatives should be fretting about at the moment: My impression is that the life issue (or the choice issue, if you prefer) had very little impact on either party's fortunes in this cycle. But since Douglas Kmiec suggests that conservatives could profit from Barack Obama's example on the issue, let me offer a few words in response.

The trouble with seeking common ground on abortion is that the legal regime enacted by Roe and reaffirmed in Casey permits only the most minimal regulation of the practice, which means that any plausible "compromise" that leaves Roe in place will offer almost nothing to pro-lifers. Even the modest restrictions that prevail in many European countries (and that, not coincidentally, coincide with lower abortion rates) are out of the question under the current legal dispensation. This, in turn, explains why the national debate inevitably revolves around the composition of the Supreme Court and the either/or question of whether a president will appoint justices likely to chip away the Roe-Casey regime or justices likely to uphold it.

This state of affairs creates enormous frustration for pro-choice Republicans, a group in which I know some of the participants in this discussion count themselves, since it makes it next to impossible for pro-life primary voters to consider supporting a pro-choice candidate for the presidency or vice presidency. I think this frustration is somewhat misplaced, since to my mind any pro-choice American who sincerely seeks a national consensus on the subject of abortion should support overturning Roe and returning the issue to the democratic process—a position that I would have liked to see the pro-choice Rudy Giuliani experiment with, for instance, in his quest to become the GOP nominee. But I certainly understand why pro-choicers don't see things quite that way.

What I don't understand at all is Kmiec's position, which seems to be that the contemporary Democratic Party, and particularly the candidacy of Barack Obama, offered nearly as much to pro-lifers as the Republican Party does. I am sure that Kmiec is weary of being called a fool by opponents of abortion for his tireless pro-Obama advocacy during this election cycle, but if so, then the thing for him to do is to cease acting like the sort of person for whom the term "useful idiot" was coined, rather than persisting in his folly.

Those seeking a primer on the case against Kmiec's putatively pro-life position on Obama and abortion can begin here or here or here. Suffice to say that what he calls "outright lies and falsehoods" about Obama's views were, in fact, more or less the truth: The Democratic nominee ran on a record that can only be described as "very, very pro-choice," and his stated positions on abortion would involve rolling back nearly all the modest—but also modestly effective—restrictions that pro-lifers have placed upon the practice and/or appointing judges who would do the same. There may have been reasons for anti-abortion Americans to vote for Barack Obama in spite of his position that abortion should be essentially unregulated and funded by taxpayer dollars. But Kmiec's suggestion that Obama took the Democrats in anything like a pro-life direction on the issue doesn't pass the laugh test. (And nor, I might add, does his bizarre argument that because the goal of placing a fifth anti-Roe justice on the court is somehow unrealistic, the pro-life movement should pursue a far more implausible constitutional amendment instead.)

I suppose I could find a thing or three to agree with in Kmiec's longer list of ideas for how the party he abandoned could win back his vote. But frankly, I don't see the point. I understand that the pro-life position on abortion does not command majority support in the United States and that people of good will can disagree on the subject. And I have no doubt that the Republican Party can profit from greater dialogue between its pro-life and pro-choice constituents—and do a better job, as well, of addressing itself to both pro-lifers and pro-choicers who aren't already inside its tent. But I can't begin to fathom why the GOP should consider taking any advice whatsoever from a "pro-lifer" who has spent the past year serving as an increasingly embarrassing shill for the opposition party's objectively pro-abortion nominee.

Kmiec's Abortion Folly

Posted Thursday, Nov. 6, 2008, at 1:40 PM ET
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Tucker Carlson is an author and commentator for MSNBC and The Daily Beast. Ross Douthat is the author of Grand New Party and a blogger for the Atlantic. Douglas Kmiec is a professor of constitutional law at Pepperdine University. Jim Manzi, chairman of an applied artificial-intelligence software company, is a contributing editor of National Review. Kathleen Parker is an author and syndicated columnist who also blogs for the Washington Post. Christine Todd Whitman is the former governor of New Jersey and author of It's My Party, Too.
Photograph of elephant on Slate's home page by DigitalVision.
COMMENTS

I was floored by Douthat's response to Kmiec, especially by the arrogance it took to call him an idiot with such a convoluted, faux-academic tone.

Knowing nothing about Douthat's views, I can only say that he sounds like the sort of pro-life hardliner that sees no other issue as important. The reason that Roe has not been struck down is simple; someone who wants to criminalize an activity that half the population does not see as criminal has a tough row to hoe. I don't know anyone who loves abortions, or who wants there to be more of them. But hawks like Douthat think nothing is acceptable short of an outright ban, which means that when his allies are in the White House, noting gets done to reduce the need for abortions.

Just because Obama is staunchly pro-choice does not mean that he has nothing to offer Catholics on the issue. On a personal note, I live in a strongly Catholic European country, where abortion on-demand is legal. Catholic groups do not wring their hands trying to get clinics shut down, or to demonize abortion practitioners. They merely offer help and alternatives to those finding themselves in unwanted pregnancies, as well as education on how to avoid them. It's a pragmatic approach that I believe most pro-lifers in America are starting to see as preferable to another 30 yars of deadlock because of their hardline position.

--Junggai

(To reply, click here.)

Tucker, I realize you have to think in terms of political philosophies, but most Americans are not ideologues. The only reason for most people to vote is to improve their own individual lives. They vote with their wallets and their hearts. They balance personal pragmatism with their personal feelings about the likeability and trustworthiness of candidates. […]

The GOP's next presidential horse could win by speaking in tongues, if individual Americans could only believe they would make their lives better. If you want the GOP to survive, try dropping the unproductive ideology, regulation of social issues, and the promotion of enemies. […]

Show average Americans, the great middle of the voting bell curve, a plan for making their personal lives better. From their viewpoint, the great Left/Right political divide that defines your professional career doesn't actually matter.

--whitehat

(To reply, click here.)

Is this The Onion? Is Slate staging some sort of high-minded comedic prank by letting their guest conservative writers become caricatures of exactly what they are trying to address?

Hilarious Irony aside, you blogging heads are inadvertently pinpointing the exact problem with Republicanism right now - the party has focused way too much on how to market their policies, and has ignored the actual substance and content thereof.

Instead of thinking about "how do we sell this hooey to voters?" maybe you should think about upgrading your product. Message management is all well and good, but when the message and the product become one-and-the-same, that's when you know you have a problem. […]

The republicans didn't offer any solutions this election. They tried to run on a platform of change, which meant running on a platform that was nearly identical to Bush's, but under the title of "maverick." Americans do love some good advertising, but c'mon, we've got to get something similar to what is advertised.

Only when you folks figure out the disconnect between creating policy and selling policy, will the republicans win again.

Until then, be my guest to keep fighting amongst yourselves like infants.

--jwschmidt

(To reply, click here.)

I think some of us are really tired of arguing with people about abortion and are ready to move on. IMO, we lost this argument long ago. For whatever reason, the majority of people in America want to keep abortion legal, so we need to work within that framework. Who knows? If enough of us organize, maybe we can hold Obama's feet to the fire on his statement to reduce abortions and respect the sanctity of life.

--Ripley

(To reply, click here.)

"Once the party figures out what it's for—or more precisely, against—it ought to stick to its story. People respect principle, even if they disagree with it."

I don't know about that. When you define your big tent as being united in opposition to something, don't you just come off as being a bunch of haters? The problem with making "out of the frying pan" into the basis of one's political ideology is that a thoughtful person could realize that "into the fire" fulfills the letter of your platform. But I guess the main problem that I have with a party defining what it's against as a means of tying itself together is that I've never been sure that I wouldn't find myself as being one of the Despised Other when it became politically expedient.

--Lyger

(To reply, click here.)

(11/08)

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