February 09, 2010

Douglas Kmiec and the Lure of Obama
by Deal W. Hudson   
2/20/08

In a "Window" from last week,
I addressed Catholic law professor Doug Kmiec, who had written an article in Slate titled "Reaganites for Obama?"
 
In that piece, Kmiec made an argument encapsulated in the following sentence:"Beyond life issues, an audaciously hope-filled Democrat like Obama is a Catholic natural." I criticized him for exemplifying the kind of Catholic politician who divorces the life issues from political judgments.
 
Professor Kmiec has since responded in an article on Catholic Online. I predict we'll hear a lot more of this kind of argument from Catholic supporters of Obama in the 2008 presidential election, though I sincerely hope Professor Kmiec will not be among them.
 
Responding to my own column, Kmiec wrote:
 
These are remarkably uncharitable and uninformed words. They are words of hate, designed not to advance the protection of human life so much as to thoughtlessly denigrate.

My words were not motivated by hate, but by anger. I've admired Doug Kmiec for a long time, and I was angry that he could argue something so mistaken. I could find no other explanation than that he was looking to ingratiate himself to Obama. Nevertheless, I should never have impugned ill motives to Kmiec. I am not a mind reader and should not have acted like one. I apologize for that.
 
Of course, the charge that I spoke "uninformed words of hate" requires a response. This is simple sophistry -- how could it be that I "denigrate" unborn life by pointing out that Senator Obama is in favor of ending it, even after the baby has emerged from the womb? (Obama voted against a measure outlawing partial-birth abortion in his home state.) Barack Obama has a 100 percent pro-abortion rating from NARAL, but for pointing that out, I am the one denigrating unborn life?
 
Kmiec writes that I am guilty of "blind partisanship" and accuses me of using the pro-life issue as a political "wedge." He's right about that. That's why I wrote a number of articles publicly opposing Rudy Giuliani's candidacy when he was the presumptive GOP nominee. There is nothing wrong with criticizing a candidate who is entirely opposed to the teaching of the Catholic Church on a non-prudential matter such as abortion. I have been (and will continue to be) critical of John McCain on the matter of research on embryonic stem cells, just as I was of George W. Bush in 2001 when he allowed federal dollars to be spent on existing embryonic cell lines.
 
Kmiec further argues:
 
Mr. Hudson's commentary suggests that it is impermissible for a Catholic to even inquire about Senator Obama's suitability for the presidency, and he proposes to support this remarkable proposition by making reference to documents from the Catholic bishops and the Vatican.
 
It's true that we have a "moral duty" to inquire about particular candidates' suitability for the presidency, but I find it hard to accept that he was merely carrying out a "moral duty" in the Slate article. It is one thing to prognosticate that Catholics may find Obama preferable to McCain, but another thing to virtually bless that conclusion.
 
Kmiec admits that he "whimsically entitled" his essay "Reaganites for Obama?" Without being oversensitive, such whimsy is hardly appropriate to the serious business of explaining to Catholic voters how it is possible for them to see Obama's candidacy in a positive light, in spite of his hideous voting record on abortion.
 
Ironically enough, Kmiec also calls my article "uninformed," and yet he lists McCain's position on immigration as another reason Catholics might prefer Obama. Among all the GOP candidates for president, no one is closer to the position of the U.S. Bishops on immigration than Senator McCain. His bi-partisan effort with Sen. Ted Kennedy to propose an immigration bill, the "Secure America and Orderly Immigration Act" (June 2005), is entirely consonant with the bishops' "Justice for Immigrants" campaign launched just a month earlier.
 
 
But of course, immigration policy is a prudential matter, as are the other issues listed by Kmiec -- the Iraq War, a family wage, energy consumption, and the environment. There is no authoritative Catholic teaching on these issues that is obligatory -- unlike that on abortion, euthanasia, and treatment of human embryos.
 
And that is Kmiec's fundamental error: He compares McCain to Obama on prudential matters and finds Obama a "Catholic natural." Prudential issues do matter and they must be included in the range of factors informing the choice of candidates. But they are not equal in importance to the life issues, as both the Holy Father and the U.S. bishops have repeatedly taught.
 
Come November, many Catholic voters may end up choosing Obama over McCain because of McCain's prudential judgment about supporting the Iraq War. They may erroneously equate John Paul II's and Benedict XVI's expressions of concern over the Iraq War as equal in moral importance to the Church's binding teaching on fundamental life issues. No one can stop them from doing that.
 
Unfortunately, Doug Kmiec has made it easier for them to make that mistake.
 

Deal W. Hudson is the director of InsideCatholic.com and the author of
Onward, Christian Soldiers: The Growing Political Power of Catholics and Evangelicals in the United States (Simon and Schuster, March 2008).

Readers have left 18 comments.
   Quote(1) Abortion - An obstacle to peace
February 21st, 2008 | 1:47am
The most horrendous and unjust war that has ever been waged is the war in the womb. As a Catholic Christian I approach my civic duty informed by a hierarchy of values and recognize that the right to life is first on that hierarchy.

People are making too little out of embryo destruction. All unborn children, including embryos, are human beings and have a right to life, which must be defended by each and every citizen.

We all must come to recognize the human person in everyone who is victimized, rejected, abandoned, and defenseless in the worldwide community. This cannot be accomplished if we do not firstly recognize and protect the most defenseless among us, the unborn. Not until we have done all in our power to end the abomination of abortion (and embryo destruction) worldwide by peaceful measures, can we hope to see a measure of peace in the world. Let us unite in our defense of each and every one of us.

I do not believe we will ever see an end to war in this world until we end the war in the womb. Perhaps our loving and merciful God will help us end poverty and war if we help Him end the war in the womb.

God is not mocked, for whatever a man sows, that he will also reap." (Gal. 6:7)

Pass that on to McCain, Clinton, Obama, Romney, Thompson, Giuliani and even Paul (who would let each state decide the fate of the unborn).
 Written by Fredi D'Alessio
   Quote(2) interesting
February 21st, 2008 | 2:11am
Deal,
First of all apologizing for the intemperate remarks shows a lot of class.
Second Doug Kmiec is totally off base to suggest that supporting McCain and opposing Obama is partisan. It is required because of the extreme pro-abortion position advocated by Obama. What should bother any decent person as well, is that Obama, for all he claims to be doing for the "poor," the downtrodden and his own, is in favor of a procedure (abortion0 that disproportionately kills the poor, the downtrodden and his own. If he were truly beyond the failed liberal politics of the past, he would oppose the killing of hte unborn. He would challenge the society to look to the future by caring for all the children, born and unborn.

As for a moral duty to examine the candidates, is he for real?

five minutes and you are done.
Simply ask the question: which candidate is in favor of reversing Roe v Wade?

 Written by John Jakubczyk
   Quote(3) Regarding Kmiec
February 21st, 2008 | 9:16am
Deal,

Thanks for calling Kmiec on his Hate charge.

There has got to be something fundamentally wrong with anyone who begins a sentence with, "Well apart from the life issues,..." and then goes on to say that a candidate is a good guy. That statement leads me to wonder why not defend the virtue and prudential judgements anyone, even a Hannibal Lector? It's a Terror kind of world we live in. Even Kmiec is infected by it.

"Well apart from from the murderous violence on the unborn... and partially born and... okay, newborn, and yes, the "death by drug and dehydration" medical policies against the disabled and elderly to keep nuisance and medical costs to a minimum, our candidate stands to defend anybody else because he's a good guy for change." (Cue and bring up angelic voices)

It is strange world, strange times when "change" comes dressed in a skinny suit and more melanin than the average Ted Kennedy. If change is spelled O-b-a-m-a, I see no change. The fanatic swooning is amusing to watch; it signals a deplorable lack of imagination and experience of the swoooner, but I see no change regarding the Left except that its gone more Left but it calls itself centrist. Can Dems spell o-b-f-u-s-c-a-t-i-o-n? If they can't, they can just say "lie." It means the same thing. Same old politics.
 Written by Teri Bohlinger
   Quote(4) More on Obamic Swooning
February 21st, 2008 | 9:23am
Maybe all the swooning, even at sea level, means that somebody is sucking up all the oxygen in the room. Any conspiracy theorists want to tackle this one?
 Written by Teri Bohlinger
   Quote(5) Kmiec Criticizes McCain for Positions on Which He Gave Romney a
February 21st, 2008 | 10:42am
Illinois attorney Donald McClarey, commenting at my blog, makes a compelling case that former Romney advisor Professor Doug Kmiec's embrace of Obama and rejection of McCain has more to do with personal animosity toward McCain than it does with any sort of policy disagreement.

The evidence? On the policy issues for which Kmiec criticizes McCain, Romney's positions were either identical or even MORE at odds with the Church than McCain's:

http://tinyurl.com/yvrhwf


Why the inconsistency? Why criticize McCain for his immigration stance - a position that is very close to the USCCB's own position and one that he has staked out at great political risk, when Romney's immigration position was the sort of harsh position of which the U.S. Bishops have been so critical?

And why does McCain's position on Iraq make him unpalatable, when Romney had the exact same position?

And what about torture/waterboarding? McCain, again to great political risk to himself, staked out a position on the issue in line with Church teaching while Romney was busy trying to out-Jack-Bauer the other GOP candidates. How in the world, then, was Romney supposedly acceptable to "Catholic Reaganites" but McCain is not?

If Professor Kmiec wants to be taken seriously on this matter of Obama being a "Catholic natural" while McCain is not, then he needs to address these inconsistencies between your previous support for Romney and your criticisms of McCain. If he can't or won't address the matter, then I'm afraid Mr. McClarey is right that Kmiec's "Catholic Reaganites for Obama" movement looks like nothing more than just sour grapes against McCain.
 Written by Jay Anderson
   Quote(6) Kmiec's Inconsistencies RE: McCain and Romney
February 21st, 2008 | 10:47am
The last paragraph of my previous post should read:

"If Professor Kmiec wants to be taken seriously on this matter of Obama being a "Catholic natural" while McCain is not, then he needs to address these inconsistencies between HIS previous support for Romney and HIS criticisms of McCain. If he can't or won't address the matter, then I'm afraid Mr. McClarey is right that Kmiec's "Catholic Reaganites for Obama" movement looks like nothing more than just sour grapes against McCain."
 Written by Jay Anderson
   Quote(7) Overdue Actions
February 21st, 2008 | 10:49am
If I ran the Church:

1) Catholic bishops who profess to be engaging in "pastoral dialogue" with publicly pro-abortion communicants, and can't make up their minds, after 35+ years of said "pastoral dialogue," to obey Canon 915, would be informed that they are manifest grave sinners. After one week, those bishops who decline to obey Canon 915 would be informed that they are <I>obstinate</I>, manifest, grave sinners, and, pursuant to Canon 915, are forbidden to receive Communion. After one (1) more week, any bishops who continue to decline to obey Canon 915 would be retired to suitable jobs which do not involve the administration of the sacraments.

2) Bishops' conferences would be forbidden to make any statement on any issue, or containing any proposition, upon which two Catholics can take opposing positions while both remaining in communion with the Catholic Church. Thus, the Catholic in the pew would be freed from the task of "weighing" Candidate A's dissent from the bishops' position on Involuntary Suicide for Seniors against Candidate B's dissent from the bishops' position on a 3.6% increase in federal funding for Fuzzier Puppies for Preschoolers.
 Written by Joseph Sheehy
   Quote(8) Obama, Obama! Please look at me!
February 21st, 2008 | 11:44am
<b>I could find no other explanation than that he was looking to ingratiate himself to Obama.</b>

Ingratiation is correct. Sounds like someone wants to be a federal judge--in the mould of Anthony Kennedy.
 Written by Jason in San Antonioq
   Quote(9) kmiec and kissling-perfect together?
February 21st, 2008 | 12:47pm
Now that former "Catholics" for Free Choice president Frances Kissling has endorsed Obama, will Kmiec reconsider ? His persistence in trying to legitimize voting for Obama is getting close to a Canon 915 violation. He should ask for an audience with his Bishop and repent.
 Written by vincent manning
   Quote(10) Kmeic was stumping for a position, no doubt
February 21st, 2008 | 12:50pm
I'm not sure what my favorite part of Kmeic's hyperbole is -

1 - his insistence that he isn't personally stumping for Obama while admitting he is personally giving Obama strategic advice on how to lace his empty rhetoric to engage Catholics in the swoon fest.

or

2. The tail end of the long painful hypocrisy where he labels Inside Catholic as a fake Catholicism.

You won't see any hateful or ad hominem coming out of that fellow's pie hole. No siree.
 Written by Carol McKinley
   Quote(11) Untitled
February 21st, 2008 | 1:43pm
I'm interested in engaging Kmeic into a discussion about just exactly where he proposes Catholics should draw the line on discretion, if it isn't decpatitating partially born live infants.

Is it permissible for Catholics to judge the suitability of a candidate who support lesser crimes like wife beating, slavery.
 Written by Grace
   Quote(12) TMS
February 21st, 2008 | 3:19pm
Deal,

Many "Catholics" will make the same justification to vote for Obama as did the Professor - because it is easy. But as I argued before, should these people be referred to as Catholics? I am a member of a parish with over 1000 families registered. The parish prints only 600 bullitins each week and hands out even less (around 450), so you can do the math.

But when a financial need arises within the parish the Faithful can always count on the C&E's to help because this is thier modern "indulgence. It absolves them from thier responsibility as part of the parish family. So to is it for the socialist movement within the Church. They want the Government to do what God intended us to do as individuals and communities - which is to be charitable and take care of the sick and the poor. This is not the governments role but there are many who belive the government should take it on - because it absolves them of thier responsibility to live out thier faith.

But is it that easy? For those who support open boarders I ask: will the Mexican Government ever be forced to reform it's deep rooted corruption if we do not stop the flow illegal aliens into this country?

For those opposed to the war in Iraq I ask: should we go on about our lives with indefference to the fact that there regions in the world that 95% of the population lives in fear and is deprived of thier God given right to liberty by the other 5%; which ultimately fosters hate and terrorism against others?

For those who insist on universal (government provided) heathcare I ask: will you be there to fight for the rights of the aged, handicapped, and the unborn (and especially the unborn who are also hanicapped) when the government decides that it is too costly to the system to care for these "burdens?"

Professor Kmiec there are many questions beyond the life isues we should ask ourselves when deciding to supporrt one candidate over the next. But they are not as easy to come by as your article suggests.

TED
 Written by Ted Swoboda
   Quote(13) Posturing? You Bet!
February 21st, 2008 | 8:16pm
Kmiec's attempt to get in front of the front-runners (first Romney, now Obama)would seem like blatant political posturing -- because it is. The man has done it before. In taking the job as Dean of CUA's law school, Kmiec was in a position to get close to the Bush administration. It was rumored in print that he was being considered for the Court of Federal Appeals in D.C., and the rumor was quickly criticized based on his pro-life jurisprudence. He shot back in <a href="http://tinyurl.com/2qk9dl">an article in the Wall Street Journal</a> in which he told his critics to judge him by his works, not his faith. Calling yourself out like that in advance of a nomination requiring Senate confirmation equals political death, and the nomination never materialized. He left CUA shortly thereafter to return to Malibu, Pepperdine, and his family who (tellingly) never permanently relocated to Washington.

I believe him when he says he wouldn't sell his soul for Wales. Surely he wouldn't compromise his pro-life position. But I don't think he is acting without regard for his future political career. Perhaps he thinks he can be an avenging Trojan Horse candidate for the conservatives. In any case, he's not advancing the political or moral authority of his Church by saying nice things about a man who is so pro-death that he made a speech on the floor of the Senate in support of letting the victims of botched abortions die of exposure. How anyone who is dedicated to the pro-life cause could lend any credence to such a ghoul as Obama is beyond me. I suppose you have to be as smart as Doug Kmiec to figure that one out.

WAC (CUA Law '04)

 Written by Will Cubbedge
   Quote(14) Bloody wrong
February 21st, 2008 | 10:00pm
When I see musings as Kmiec's, I believe they really don't get it about abortion. What other law or policy in our public life has resulted in 50,000,000 deaths? 50,000,000 Doug. 50,000,000!!!! I vote for no candidate (of either party) who dips his hand into that bloody holocaust.
 Written by BS
   Quote(15) Re: Posturing? You Bet!
February 21st, 2008 | 10:49pm


I believe him when he says he wouldn't sell his soul for Wales. Surely he wouldn't compromise his pro-life position. But I don't think he is acting without regard for his future political career.
— Will Cubbedge


Correct me if I'm wrong, but isn't that quote paradoxical considering he is pooh-poohing infantcide to get a political appointment?

Doug is not only selling his soul, he's trying to entice others into sell theirs. He went on a retaliation rampage against Dr. Hudson when he protected women and children by calling out the spiritual suicide.

The number of men willing to sacrifice women and children for their political aspirations is staggering.

 Written by Kerry O'Toole
   Quote(16) S.O.S. (Same Old Bernardin)
February 22nd, 2008 | 6:47pm
Now I have read Kmiec's SLATE article, and his response to Deal Hudson. Kmiec should be ashamed. He recycles the standard, worn-out claptrap so effectively peddled by Mario Cuomo, Card. Bernardin, Ted Kennedy, et al.: Throw five or ten different issues having nothing in common into one big stew, carefully omitting all relevant distinctions, and you get Democrats who take "Catholic" positions on "most" issues, and Republicans who take the "Catholic" position only on abortion.

There IS no "Catholic" position on whether the invasion of Iraq was just or unjust. Pope John Paul had an opinion. That was not and is not "the Catholic position."

Evangelium Vitae INTRODUCES the subjects of abortion and euthanasia (following a discussion of capital punishment) by making precisely the point that abortion and euthanasia belong to A RADICALLY DIFFERENT CATEGORY of violation against human dignity. Namely, they are ABSOLUTELY prohibited by the moral law, while capital punishment is not.

And the rest of so-called differences between the "Catholic" Democrat position and the Republican position are nothing but BUDGETARY differences--which are grossly exaggerated, by the way. Republicans want to kill the poor, while Democrats seek to care for "the least among us." Baloney. Claptrap. Purest bunk.

Does the Republican Party embody all that is excellent, having no fault or flaw? Of course not. Does a Catholic commit a mortal sin by voting Republican. Rarely, if ever. Does a Catholic commit a (material) grave/mortal sin by voting Democratic? I say: in concrete fact, outside of those FEW races where the Republican is pro-abortion: Almost always. There is no sound refutation of this conclusion. The only argument available is the one Kmiec peddles: the same old Republicans-want-to-kill-everybody-EXCEPT-the-unborn garbage.

Why do the laity go 'round and 'round and 'round and 'round on this question? Because those whose duty it is to speak decisively OUTSIDE the field of politics--the bishops--refuse to do so BECAUSE of their political preferences. If the bishops would defend the Blessed Sacrament from sacrilegious reception--a totally NON-political duty--the effect would be a political earthquake.

Because they fear that political earthquake, bishops refuse to carry out one of their primary GRAVE duties--which can be summed up as: obedience to Canon 915. The bishops who refuse to obey Canon 915 scandalize all the faithful. And those bishops are themselves, because they refuse to carry out this grave duty, obstinate, manifest, grave sinners, and should not receive or be given Communion. (Of course, none of them should be permitted to celebrate the Eucharist.)

No well-informed Catholic should be able to witness these bishops going through the motions of (necessarily) sacrilegious liturgies without praying, primarily, that these men will repent. It seems reasonable to suggest that a movement ought to exist among well-informed Catholics, not calling for ANY kind of disruption, but simply to refuse to be present at any liturgy that actually features the reception of Communion by pro-abortion Catholic politicians. Perhaps if a bishop in, say, Washington, at the annual Red Mass, were to find himself facing a congregation consisting of ONLY notoriously pro-abortion Catholics...
 Written by Joseph Sheehy
   Quote(17) Kmeic is not honest
August 19th, 2008 | 6:52pm
Mr. Hudson:

Catholic online has done it again by posting another heavily politically motivated Kmeic. He keeps saying that we ought to be charitable and kind meanwhile he's treating us like children. What do I mean by that? He's not sincere in proclaiming that he's 100% pro-life while supporting a 100% pro-abortion candidate. I just don't see his point in many of his arguments. He resources to this kind of accusation about the pro-life and calling us 'fanatic' so that he can shut us up. His tactic is not working well because he has an extremely weak case. He makes no sense.

I stand by your honesty and sincerity in voicing your true belief in the teaching of our Church.

Thank you very much for your work.

It is great to be a Catholic and pro-life today!
 Written by Kiet Tran
   Quote(18) look further
November 27th, 2008 | 12:32am
Obama's vote for partial birth abortions (Rather a no-vote against the bill) was justified in that there was already a law on the books in regard to this type of abortion. To vote for the bill would allow additional challenges to the legality of all abortions.

As it stands now, abortion is an issue of privacy, not of the rights of a unformed mass.
 Written by The D

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