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Undecided Catholic Obama? America Undecided America Undecided By Edward M. Gaffney Douglas W. Kmiec J. Patrick Whelan Catholic, Independent & Social Justice Perspectives on Election 2012 Createdspace.com Valparaiso * Malibu * Boston 0 Gaffney * Kmiec * Whelan © 2012 Edward M. Gaffney, Douglas W. Kmiec, J. Patrick Whelan. All Rights Reserved. No part of this publication may be reproduced or transmitted in any form by any means, electronic or mechanical, including photocopying, recording or any information storage and retrieval device, without permission in writing from the authors. 1 America Undecided Contents The Authors .................................................................................................... 6 Dedication ....................................................................................................... 8 Inspiration .................................................................................................... 10 Part I ............................................................................................................. 12 The Undecideds ............................................................................................. 12 How the judgment of Catholic, independent and social justice voters can determine the outcome of election 2012 ........................................................... 12 Who are the undecided voters? ................................................................ 13 This is 2012, not 2008. ........................................................................... 17 Faith-filled Freedom ................................................................................ 29 Part II ............................................................................................................ 34 An inspiration of Empathy and Service .......................................................... 34 Dreams from His Mother ......................................................................... 35 “A Singular Woman” ................................................................................ 36 The Gifts of Empathy and Open-Mindedness ........................................... 40 A Sense of Service ................................................................................... 42 “Always Love Your Mother” ...................................................................... 44 Part III........................................................................................................... 47 Empowering the Poor and Encountering Catholic Social Thought .................. 47 “Bound Together in the Service of Others” ............................................... 48 Ryan’s Reverse Robin Hood ..................................................................... 64 Part IV .......................................................................................................... 65 The Historic Achievement of Health Care Reform ........................................... 65 “A Moral Imperative, A Requirement of Justice” ....................................... 66 What the Affordable Care Act is Not: Universal ........................................ 67 Health Care and Catholic Social Thought ................................................ 68 President Obama’s Vision of Health Care Reform ..................................... 73 Congress Enters the Stage: The Power to Tax and Spend ......................... 75 The Role of Abortion in the Health Care Debate ....................................... 77 No Empirical Support for Fear of Increased Abortion ............................... 79 2 Gaffney * Kmiec * Whelan Resolution of the Abortion Concern? ....................................................... 85 The Health Care Reform Need Not Be Perplexing ..................................... 90 Part V............................................................................................................ 95 The politics of abortion and the controversial HHS regulations ...................... 95 The Difficulty of Addressing Abortion ...................................................... 96 A New Administration Addresses The Abortion Problem ........................... 98 The ACA Is a Valid Exercise of the Power of Congress to Tax ................... 99 Clear Ethics, Sound Medical Science, and Respect for Women ............... 110 Personal Responsibility and Social Ethics .............................................. 111 Perspectives from Medical Science ......................................................... 115 Do emergency contraceptives cause death or loss of fertilized embryos? 117 Distinguishing Abortion and Contraception ........................................... 119 Honoring Individual Claims of Conscience ............................................. 123 The Litigation ........................................................................................ 125 Part VI ........................................................................................................ 127 Obama on Religion and Public Life .............................................................. 127 A More Theologically Literate President Then Most ................................ 128 Obama Wrongly Targeted as Muslim ..................................................... 130 Part VII ....................................................................................................... 132 Obama’s “Call to Renewal”........................................................................... 132 Nearing the Time to Decide ................................................................... 133 The Meanness of the Times ................................................................... 135 To disagree is not necessarily to deny liberty ......................................... 137 Part VIII ...................................................................................................... 139 “Solidarity (and Subsidiarity) Forever” ......................................................... 139 Rebuilding a Broken Social Order.......................................................... 140 “The Catholic Moral Vision in the United States” ................................... 143 A Call for Economic Renewal and Support for Workers .......................... 145 Building a More Just Economy.............................................................. 146 The Vatican Joins Occupy ..................................................................... 148 3 America Undecided Enter the Real Catholic Social Teaching ................................................ 150 A Word from the Nuns on the Bus ......................................................... 151 Women’s Work ...................................................................................... 153 It’s No Party – the Church, that is ......................................................... 156 Part IX ........................................................................................................ 158 The Way Forward -- Will Obama Hit unto or over (the) Mitt? ........................ 158 It Will Make All the Difference ..................................................................... 158 Of Insubstantial Burdens and Monumental Reform – A few last words on the HHS Contraception Mandate ........................................................... 159 So You Can’t Blame The Supreme Court For This One .......................... 162 Yes We Can . Lose . .but Not “if we have faith, hope & enthusiasm” . 164 Part X ......................................................................................................... 171 Additional Homework for the Undecided ...................................................... 171 Transcending Sound-Bites & Forming Conscience ................................. 172 Bernard Lonergan and the Duty to Understand ..................................... 173 4 Gaffney * Kmiec * Whelan 5 America Undecided The Authors Ed Gaffney is professor of law at Valparaiso University, where he teaches a seminar on religious freedom and a course on war and peace. He also taught at Notre Dame, Loyola (LA), Pepperdine, and Pennsylvania. He received the S.T.L. from the Gregorian University and served as a translator at the third and fourth sessions of the Second Vatican Council, during the critical discussions of the Declaration on Religious Freedom. He is the co-author with Judge John T. Noonan, Jr., of Religious Freedom: History, Cases, and Other Materials on the Interaction of Religion and Government (New York: Foundation Press, 3 rd ed. 2010). He has filed numerous amicus briefs in cases relating to protection of religious freedom in many appellate courts, including the U.S. Supreme Court. He was a founder of the Journal of Law & Religion and served for a quarter century on its editorial board. He has written for America, Commonweal, Cross Currents, and U.S. Catholic, and has produced, directed, and written two documentaries, Empty Boxcars (2012) and Holy Land: Common Ground (2010). Ambassador (ret.) Douglas W. Kmiec is Caruso Family Chair and Professor of Constitutional Law & Human Rights, Pepperdine University. In addition to being an author and syndicated columnist, he has been privileged to serve Democratic and Republican presidents alike. Until recently, upon nomination by President Obama and confirmation by the Senate, he was U.S. Ambassador to the Republic of Malta, where he completed the construction of a $125.5 million embassy compound and upgraded the security and economic ties between the Mediterranean and the U.S.
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