the HUMAN LIFE REVIEW SUMMER 2007 Featured in this issue: Kathryn Jean Lopez • William Murchison • Mary Meehan • Paul Benjamin Linton • Patrick J. Mullaney Frank Pavone M.E.V. • Stephen Vincent • Benjamin D. Horne • Donald DeMarco • Edward Short RAMESH PONNURU ANSWERS HIS CRITICS IN: THE AFTERPARTY OF DEATH Also in this issue: Nicholas Frankovich • John D. Woodbridge • Edmund C. Hurlbutt • Colleen Carroll Campbell • Susan Yoshihara Published by: The Human Life Foundation, Inc. New York, New York Vol. XXXIII, No. 3 $7.00 a copy THE HUMAN LIFE REVIEW the HUMAN LIFE REVIEW Summer 2007 Vol. XXXIII, No. 3 Introduction . 2 Editor Maria McFadden Maria McFadden The Afterparty of Death . 7 Senior Editors Ramesh Ponnuru Ellen Wilson Fielding Faith Abbott McFadden The Fictional Post-Roe Prison Rush . 17 Mary Meehan Kathryn Jean Lopez William Murchison Boomers Go Bust . 23 Managing Editor William Murchison Anne Conlon Consulting Editor, Europe Making the Most of the Mary Kenny, London Presidential Debates . 31 Contributors Mary Meehan Lynette Burrows Sacred Cows, Whole Hogs James Hitchcock & Golden Calves . 43 Rita L. Marker Paul Benjamin Linton William McGurn George McKenna The Foundations of American Freedom . 51 David Quinn Patrick J. Mullaney Wesley J. Smith Ten Reasons Why We’re Winning . 59 Business Manager Frank Pavone, M.E.V. Rose Flynn DeMaio Production Manager In Cases of Rape . 66 Christina McFadden Stephen Vincent Publishing Consultant The 14th Amendment & the Acquisition Edward A. Capano of Personhood . 73 Founding Editor Benjamin D. Horne J.P. McFadden Viewing Abortion Objectively . 82 Published by THE HUMAN LIFE FOUNDATION, Donald DeMarco INC. Editorial Office, 353 Lexington Avenue, Suite 802, New York, N.Y. 10016. Phone: Anne Ridler and the Poetry of Life . 87 (212) 685-5210. The editors will consider all Edward Short manuscripts submitted, but assume no re- sponsibility for unsolicited material. Editorial and subscription inquiries, and requests for re- Appendices . 99 print permission should be sent directly to our Nicholas Frankovich editorial office. Subscription price: $25 per year; Canada and other foreign countries: $30 John D. Woodbridge (U.S. currency). ISSN 0097-9783. Edmund C. Hurlbutt ©2007 by THE HUMAN LIFE FOUNDATION, INC. Colleen Carroll Campbell New York, N.Y. Printed in the U.S.A. Susan Yoshihara SUMMER 2007/1 INTRODUCTION INTRODUCTION How fitting that we open this issue with an article that concludes: “The intellec- tual high ground is now ours”—though we would say it always has been. My late father, J. P. McFadden, founded this Review with the conviction that there could be no equivalent on the “other side”—how could one muster philosophical, legal, religious and moral arguments in support of killing the unborn? And yet, the point our lead author, Ramesh Ponnuru, is making in “The Afterparty of Death” concerns a shift in the arguments from the early days of abortion “re- form.” “In 1970 and for many years thereafter, advocates of legal abortion por- trayed themselves as the party of cool, dispassionate reason. Their opponents were the prisoners of superstition and emotion.” Things have changed: because of medi- cal and scientific advances, there is no longer any plausible way to deny the “alive- ness” of a fetus. And the pro-life ranks have grown, especially among the young. Faced with these facts, Ponnuru writes, abortion advocates tend to either “refuse to engage the argument at all or to retreat behind their feelings and other non-rational defenses.” Ponnuru, a senior editor of National Review, reaches his conclusion after taking on several critics of his 2006 book, The Party of Death. When you read the suc- cinct summary of the arguments there, and his motivation for writing the book—he wanted to show that, since the 1990’s, early trends have been reversing and there is “evidentiary basis for hope” that the tide is turning—you will understand why his critics were numerous and … exercised. Ponnuru is a deft, logical thinker and masterful writer. One critic, unable to mount a logical argument, resorted to accus- ing him of clandestinely basing his positions on his Catholicism, as if there could be no alignment between religious convictions and clear reasoning. Ponnuru writes, “For the record: When I was an agnostic I opposed abortion for the same reasons I give in the book.” One issue Ponnuru thinks “in retrospect” he should have addressed more fully is the matter of punishment for women who abort. There is much misunder- standing on this subject: “Many people of good will misguidedly believe that pro- life premises lead logically to draconian punishments for abortionists and their clients.” There are also deliberate attempts to mislead on this subject, as Kathryn Jean Lopez, a colleague of Ponnuru’s at National Review and a nationally-syndicated columnist, writes next. Newsweek’s Anna Quindlen (a celebrated Catholic abortion advocate) challenged pro-lifers in a recent column to answer the question: “How much jail time?” She contended there are “only two logical choices: hold women accountable for a criminal act by sending them to prison, or refuse to criminalize the act in the first place.” Um … no, Ms. Quindlen—as Lopez argues, this is an example of promoting “pro-choice fright propaganda” (another sign we are gaining ground). Jail time for 2/SUMMER 2007 THE HUMAN LIFE REVIEW women has never been a focus or goal of the mainstream pro-life movement. Lopez answers Quindlen: “We’re not looking to further victimize women. They are al- ready victimized—by abortion.” But she also stresses that even to spend time do- ing so plays “into the pro-abortion spin machine” (pay attention, pro-life presiden- tial candidates). There is one practical, non-debatable consequence of the abortion culture here and in many other countries: a shortage of babies. In Boomers Go Bust, senior editor William Murchison warns there is a crisis brewing for baby-boomers who may look around in their golden years and find that the “Social Security well has run dry from lack of sufficient contributions.” The deeper issue is: how did child- bearing lose its standing? It used to be not just another lifestyle “choice” but what people did, because birth and children are good, and also part of the essential “natural cycle of decline and replenishment.” Now, children are sometimes seen as less important than material goods, travel, or privacy—and the “modern mind” is in denial about what consequences this attitude has and will have. (Interestingly, Ire- land, where abortion is still illegal, has the smallest ageing population in Europe, with only 11 percent of the country aged 65 and over—a statistic just announced this August. While most of Europe is seeing the “graying” of its population, Ireland’s nurseries and schools are struggling to keep up with the country’s little ones.) We are currently witnessing (God help us), the “early stages of the longest presi- dential campaign in our history,” writes senior editor Mary Meehan. And what are the candidates saying about “our” issues? According to Meehan, what many of them do say doesn’t ring with sincerity or substance. There is a lot of the clichéd “personally opposed but” talk, and since “many Americans believe abortion is solely a religious issue,” it isn’t challenged. Some candidates do talk about their faith, but only how it has influenced their thinking about non-controversial issues. What, wonders Meehan, would it be like if candidates were forced to give candid an- swers? She offers some first-rate options for questions “guaranteed to get the candidate’s attention. But you may hear some stammering—and see some panicky, deer-in-the-headlights looks—before you receive answers.” Even among those who agree that the killing of the unborn ought to be against the law, there are heated disagreements about how best to work for that goal. Attor- ney Paul Benjamin Linton, who we welcome to our pages, argues here that “the pro-life movement is bedeviled by three ways of thinking that seriously impede its progress.” As he enumerates each, he defends the “incremental” strategy against its critics, taking as his starting point assertions made by Professor Charles Rice, an influential pro-life thinker who is “well-known for his ‘purist’ views and … his support of efforts to establish the constitutional ‘personhood’ of the unborn child.” The latter effort is one Linton sees as lacking—“The pursuit of ‘personhood,’ espe- cially as an alternative to reducing abortions through appropriate regulatory mea- sures, is a counsel of despair dressed up in the guise of false hope.” Several of our contributors in the last few years have been much more optimistic SUMMER 2007/3 INTRODUCTION about a personhood amendment, including Patrick Mullaney, who wrote about it in “A Father’s Trial: The Case for Personhood” (Spring 2001), and “Exactly What Does Constitute Us?” (Summer 2004). For this issue, Mullaney, who is also an attorney, has written an essay about the foundations of American freedom. For an understanding of freedom itself, he looks to the thought of the late Pope John Paul II, who argued that there could be no true freedom that didn’t include a respect for the dignity of the human person. Mullaney writes that America’s history with sla- very “demonstrates a progression of values, of the correction of prior imperfec- tions with standards that are more just.” But “It is now the life issues … that test the obligations and limitations of freedom.” Mullaney contrasts John Paul II’s concept of freedom to that expressed in the Supreme Court’s 1992 Casey v. Planned Par- enthood decision: that “at the heart of liberty is the right to define one’s own con- cept of existence, of meaning, of the universe and of the mystery of human life.” Casey’s “freedom” celebrates diversity and tolerance, even unto allowing for the killing of the unborn—this, Mullaney writes, is not the authentic freedom for which America was founded.