Pro-life former Romney advisor: Obama’s better on abortion than McCain

posted at 2:07 pm on May 7, 2008 by Allahpundit

It’s Doug Kmiec, previously co-chair of Mitt’s committee on the courts, currently an Obama shill of such mystifying obtuseness that one suspects a head injury’s behind his support. You can’t appreciate this post until you’ve read this one, in which a man of obvious brilliance — professor of constitutional law, scholar of sufficient renown to earn a prominent advisory role to a presidential campaign — somehow ends up affiliated with Team Romney despite the fact that he’s, er, passionately anti-war. Rather than take David Frum’s advice and simply cite that issue as justification for his lurch left, he’s gone the Andrew Sullivan route of arguing that his new candidate is somehow better on all the issues that concern him, not merely the one that concerns him most. Which brings us to this brainteaser, in which appointing judges who’ll roll back Roe v. Wade is somehow less heavy a blow to abortion than listening real hard and feigning empathy, or something:

As I see it, the “self-evident truths” of the Declaration [of Independence] have interpretative significance for the meaning of “life” and “person” in the constitutional text — and that meaning makes life unalienable, which means each life from conception is unique and worthy of constitutional protection…

Thus, as I see it, [the election] is a choice between two less than sufficient courses:

(a) the continuation of an effort to appoint men and women to the Court who are thought willing to overturn Roe through divisive confirmation proceedings that undermine respect for law and understate the significance of non-abortion issues in a judicial candidate’s evaluation; or

(b) working with a new president who honestly concedes the abortion decision poses serious moral issues which he argues can only be fully and successfully resolved by the mother facing it with the primary obligation of the community seeing to it that she is as well informed as possible in the making of it…

If it’s a choice between giving a boost to the work of my fellow parishioners who week after week in thinly-funded, crisis pregnancy centers, open their minds and their hearts and often their homes to pregnant women (and Obama has spoken approvingly of faith-based efforts) and a Supreme Court Justice to be named later who may or may not toss the issue back to the states, I think I know which course is more effectively choosing life.

Let me rephrase. Kmiec’s actually to the right of Scalia in believing that Roe should not only be overturned (which would leave it to the states to decide whether to ban abortion) but that the Court should find an affirmative right to life in the Due Process Clause that would prohibit abortion nationwide. His master plan for accomplishing this? Electing Barack Obama president and letting him appoint all the pro-choice justices he can get away with, because Obama “honestly concedes the abortion decision poses serious moral issues” and is super-keen about informing women of their choices. Mind you, this is a guy who admits in the article that his faith is of such devotion that he opposes contraception — yet he’s willing to nod at untold millions of abortions so long as the Messiah pats him on the shoulder and assures him that he’s given his opinion serious consideration (an Obama specialty, as luck would have it). The whole idea of having to “choose” between a Scalia-esque federalist abortion regime, where some states ban it and some states don’t, and private faith-based endeavors to dissuade women from abortion in jurisdictions where it’s legal is itself beyond moronic. Does Kmiec think McCain supports the former but opposes the latter? This reads like a sly parody of the stereotype of an “Obamican,” so enamored of His Holiness’s sincerity that the fact that his musings on abortion are “free of guile or political calculation,” as Kmiec gushes, makes it irrelevant what those musings actually are in substance.

Serious non-rhetorical exit question: How does anyone as committed to the issue of life as Kmiec end up voting Democrat? It’s not an issue the way earmarks or health care is an issue. By his moral calculus, we’re talking about state-sanctioned murder. I understand weighing the cost of the war against that, but by what computation does he decide that trying to stabilize Iraq is a grimmer prospect than a million dead children?


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Barbara Streisand

infidel2 on May 7, 2008 at 2:12 PM

That’s what we call a ‘useful idiot’.

Chudi on May 7, 2008 at 2:12 PM

Man crush!

Akzed on May 7, 2008 at 2:13 PM

Look I’m first in line against McCain but this is hog wash. NO ONE, NO ONE is worse on abortion and life issues that B Hussein Osama.

stenwin77 on May 7, 2008 at 2:13 PM

Gawd, what a choice.

Ah, the good ol’ days.

MadisonConservative on May 7, 2008 at 2:14 PM

The Idiot Stick would like to formally apologize for repeatedly beating Mr. Kmiec.

amerpundit on May 7, 2008 at 2:14 PM

And this guy was running Mitt’s campaign? Things are becoming clearer.

stenwin77 on May 7, 2008 at 2:14 PM

I can’t figure out this Kmiec guy, because the credentials don’t line up with the rhetoric. It could just be somebody trying to get his name out in front of a potential “historic” candidate, although I think we can all agree that the gloss and shine have all but faded away for Barack Obama these days.

warrenmr on May 7, 2008 at 2:15 PM

which he argues can only be fully and successfully resolved by the mother facing it with the primary obligation of the community seeing to it that she is as well informed as possible in the making of it…

Huh? Maybe if I go have a cup of coffee and come back it’ll make sense…

Do all lawyers lose their common sense after they pass the bar?

kirkill on May 7, 2008 at 2:16 PM

And this guy was running Mitt’s campaign?

stenwin77 on May 7, 2008 at 2:14 PM

He was co-chair of Mitt’s court committee.

amerpundit on May 7, 2008 at 2:16 PM

He’s pro-life like Bobby Fischer was pro-chess.

mymanpotsandpans on May 7, 2008 at 2:17 PM

How does anyone as committed to the issue of life as Kmiec end up voting Democrat?

Is there another choice?

Cheesestick on May 7, 2008 at 2:18 PM

Kmiec has a brain tumor. Or, he, like Matthews, has succumbed to the love that dare not speak it’s name — not that there is any thing wrong with that. ;-)

Blake on May 7, 2008 at 2:20 PM

Is there another choice?

Cheesestick on May 7, 2008 at 2:18 PM

If that’s where you want to go with this, how does Kmiec end up voting pro-choice Democrat?

amerpundit on May 7, 2008 at 2:20 PM

I know a lot of people who know Kmiec. Their explanations range, in order from least embarrassing (for Kmiec) to most embarrassing, from “bitter against McCain for the way he treated Romney” to “some form of BDS over the war” to “personal financial or professional gain” to “actually believes in the Obamessiah nonsense.” I think charity demands that we assume, until proven otherwise, that Kmiec experienced some sort of blunt force trauma to the cranial region. Repeatedly.

boko fittleworth on May 7, 2008 at 2:21 PM

I don’t get it. Mitt picked him for his pro-life stance. It was a good choice at the time. What on earth happened to Kmiec?

Vanceone on May 7, 2008 at 2:22 PM

Nobody is worse on abortion than obama. He is morally bankrupt. Has he ever addressed this issue?

redshirt on May 7, 2008 at 2:24 PM

Liberal “logic”. Illogical, as usual.

IrishEyes on May 7, 2008 at 2:24 PM

Only the head injury theory explains the “sentences” that are so grammatically and logically convoluted. I mean, if he were angry, or selling out, or in love, he’d still be able to form a coherent sentence, right? Well, maybe he’s in love, but I’d still order a CATscan.

boko fittleworth on May 7, 2008 at 2:24 PM

Dude, I wonder if Romney got hoodwinked by this guy Kmiec…maybe Kmiec was an Obama supporter the whole time and strategically got himself in a power position to kneecap Romney from the inside where he could really do damage. What a slimeball…dirty politics at its finest.

JustTruth101 on May 7, 2008 at 2:28 PM

I offer five very important words when it comes to Barry O and Abortion: “Born Alive Infant Protection Act”

Google it

Medicated on May 7, 2008 at 2:30 PM

I have been pretty nasty to Allah lately, but this analysis and tone are perfect, imho. Kmiec has apparently either lost his mind entirely, due to some undisclosed ailment or injury, or has come under some unknown influence which makes honest analysis impossible to display publicly.

He is currently mired in a 1 + 1 = 143 sort of quagmire.

Jaibones on May 7, 2008 at 2:31 PM

February 18, 2008: “Sorry, McCain. Obama is a natural for the Catholic Vote”.

In fact, the title of the story is “Reaganites for Obama?”.

McCain and Huckabee—unlike either of the Democrats—join in the Catholic prayer for the unborn, but Republican promises have often left those prayers unanswered. While no papal instruction will ever condone the “right to choose,” the church does ask for a consistent and realistic defense of life that actually takes steps to reduce the incidence of the practice, not just condemns it. Catholics will note that McCain and Huckabee’s pro-life postures collapse when it comes to the death penalty. Even if the Supreme Court decides later this spring that lethal injection is not “cruel and unusual” under our Constitution, capital sentencing is often erratic and erroneous in light of the modern availability and reliability of DNA evidence. It is Catholic instruction that there are better ways to deter violent crime.

amerpundit on May 7, 2008 at 2:34 PM

I don’t know how much longer my facilities can hold out under this onslaught of twisted reality.

ihasurnominashun on May 7, 2008 at 2:40 PM

The Kmiec/Obama pairing is a really odd thing. For Kmiec to be backing Obama vs. McCain because he thinks this will somehow advance the pro-life position better is truly strange, and I say that as a pro-choice Republican.

However, it’s not the strangest set of bedfellows I’ve ever seen. Who can forget Pat Buchanan (isolationist ultra conservative) leaving the Republicans in 2000 and joining up with Leonora B. Fulani (formerly of the Communist Party) to take over the Reform Party with Pat as the presidential nominee? That was the oddest pair ever.

Jill1066 on May 7, 2008 at 2:46 PM

Why does my head hurt when I read some of these guys logic…lets vote for a solid pro-choicer, so we can have pro-life?
That’s like the far left holding up Wright as a great spiritual leader, while dissing all churches…I just can’t make sense out of these things, I need a drink.

right2bright on May 7, 2008 at 2:47 PM

However, it’s not the strangest set of bedfellows I’ve ever seen. Who can forget Pat Buchanan (isolationist ultra conservative) leaving the Republicans in 2000 and joining up with Leonora B. Fulani (formerly of the Communist Party) to take over the Reform Party with Pat as the presidential nominee? That was the oddest pair ever.

Jill1066 on May 7, 2008 at 2:46 PM

I forgot about that one…now I need two drinks.

right2bright on May 7, 2008 at 2:47 PM

It is painful to read Kmiec’s tortured mind in the first piece. Not only the pro-life argument that he makes which states that it’s better to kill innocent babies than it is to protect them, while still condoning the death penalty, but also pathetic claims that our schools are “segregated” – and that Obama will fix that – and the “hyprocrisy of a nation of immigrants that won’t accept any more of them”.

OMG. Did Mitt seriously hire a guy so stupid that he thinks we have racially-force-segregated schools and have stopped legal and/or illegal immigration in this country?

Jaibones on May 7, 2008 at 2:48 PM

Obama is a sorcerer; must be.

- The Cat

MirCat on May 7, 2008 at 2:51 PM

Medicated on May 7, 2008 at 2:30 PM

Yup. That will bring the Huckabee voters into the fold.

Theworldisnotenough on May 7, 2008 at 2:53 PM

Exit Answer: The Obama campaign has pictures.

Buford Gooch on May 7, 2008 at 2:59 PM

There is nothing to worry about. Obama will appoint justices with empathy to promote the social justice cause of preventing his daughters from being punished with a baby.

ninjapirate on May 7, 2008 at 3:02 PM

Racial credibility building on the cheap. Makes life at Pepperdine Law School easier… That’s my theory anyway…

TheBigOldDog on May 7, 2008 at 3:03 PM

Doug Kmiec, the Scott Ritter of the abortion issue. There’s got to be a reason for this logic, it’s just no rational person can devine what it is.

And for some people on this site and elsewhere who jumped eyes closed and head first onto the Romney bandwagon as part of an “Anybody But McCain” push after South Carolina, can you imagine what the furor would be if Kmiec had been running the McCain campaign’s court committee and this sort of Bizzaro world thinking came out?

jon1979 on May 7, 2008 at 3:03 PM

How does anyone as committed to the issue of life as Kmiec end up voting Democrat?

I have no idea.

Abortion decided my very first vote as at 18 little else on the presidential level concerned me.

Esthier on May 7, 2008 at 3:07 PM

If that’s where you want to go with this, how does Kmiec end up voting pro-choice Democrat?

amerpundit on May 7, 2008 at 2:20 PM

Sorry, I just remain unconvinced that McCain will do anything for us on the conservative front. (Not that Obama would do any better.) Given his recent history, he seems determined to do whatever the Dems want. Everyone is talking about how he promises to appoint more Alito/Roberts type justices….but how? If he does, the wailing from the left and/or the NYT’s causes him to cower in fear….or bi-partisanship or whatever he will call it. If the Democratic congress send any pro-abortion legislation his way, he will sign it….again, citing bi-partisanship. If any pro-conservative legislation hits his desk, he will surely veto it, claiming it is divisive, not comprehensive enough or not “what the American people want”.

So, I don’t know why this guy could switch sides and actively support someone whose contempt for un-planned babies extends even to babies born alive after an attempted abortion. But McCain’s contempt for pro-lifers and/or religious conservatives will essentially provide the same result. So if this guy is anti-war also, well at least he gets one thing that he wants with Obama. There are a few people I know in my church that are saying this exact same thing….people I had always thought were as staunchly pro-life as I am. But they also want the war ended now, so they are going with Obama….because they pretty much see that unrestrained abortion is going to go forward no matter who they vote for….I’m having a hard time convincing them otherwise.

Cheesestick on May 7, 2008 at 3:11 PM

Not to be picky. But a million children? Try 40 million.

Rightwingsparkle on May 7, 2008 at 3:14 PM

Bromance

pseudonominus on May 7, 2008 at 3:21 PM

amerpundit on May 7, 2008 at 2:34 PM

Kmiec is apparently (hard to tell, the logic is so tortured) that candidates who oppose abortion but favor the death penalty cancel themselves out, morally. So, therefore Obama, who favors abortion but opposes capital punishment, is a better candidate.

This man is a good example of how too many Catholics have become so enmeshed in the rubric of “social justice” that they fly in the face of the church’s teaching while patting themselves on the back for their superior moral judgment.

Bottom line: they are no longer Catholics in the church’s view, no matter what they call themselves or how much time they spend in church.

Nichevo on May 7, 2008 at 3:26 PM

Bromance

pseudonominus on May 7, 2008 at 3:21 PM

Do you watch “How I Met Your Mother?”

Esthier on May 7, 2008 at 3:26 PM

Exit Answer: The Obama campaign has pictures.

Buford Gooch on May 7, 2008 at 2:59 PM

dead girl, live boy, or livestock?

funky chicken on May 7, 2008 at 3:28 PM

This man is a good example of how too many Catholics have become so enmeshed in the rubric of “social justice” that they fly in the face of the church’s teaching while patting themselves on the back for their superior moral judgment.

Bottom line: they are no longer Catholics in the church’s view, no matter what they call themselves or how much time they spend in church.

Nichevo on May 7, 2008 at 3:26 PM

Wait….I think we may have a winner. Thus his support for a candidate who believes in having justices decide things based on “social and economic justice” which just means that poor blacks shouldn’t face tough sentences for crime. Hmmmmm

funky chicken on May 7, 2008 at 3:31 PM

This type of logic is what is wrong with people in this country, and why people like Obama the Arab get elected, and is bullet-proof in the MSM.

Another so-called Christian that flashes a Bible and looks righteous to other pagans.

Hening on May 7, 2008 at 3:34 PM

the “hyprocrisy of a nation of immigrants that won’t accept any more of them”?

Yes, that’s a good one coming from a man who is willing to vote for partial-birth-abortion supporting candidate Obama, in order to avoid “divisive confirmation proceedings that undermine respect for law.” Because nothing promotes respect for the law like granting amnesty to tens of millions of foreigners who’ve repeatedly demonstrated their contempt for our laws, right Kmiec?

What a tool.

AZCoyote on May 7, 2008 at 3:39 PM

On the Obama short list for SCOTUS, I present Patricia Williams, distinguished professor at Columbia Law:

Abstract Critical Race Theory (C.R.T.) has developed out of a deep dissatisfaction that many black legal scholars in the U.S. felt with liberal civil rights discourse, a discourse premised upon the ideals of assimilation, ‘colour-blindness’ and integration. In addition, the emergence of the Critical Legal Studies movement provided Critical Race theorists with an innovative lexicon and practice which allowed them to develop a critique of traditional race analysis and U.S. law. Patricia Williams has played a key role in the formation of the C.R.T. movement and is concerned with many of the C.R.T. themes: the understanding that traditional civil rights law has benefited whites more than blacks, the ‘call to context’, and the critique of liberalism by the assertion that racism is routine and not aberrational. Following the C.R.T. belief that form and substance are connected, Williams has also extended the boundaries of another C.R.T. theme by (largely) eschewing the conventional genre of legal writing in much of her work, including her two books, The Alchemy of Race and Rights and The Rooster’s Egg. This was one of the issues Williams discussed in an interview that commenced when she visited Britain in 1997 to deliver the Reith Lectures.

http://www.uic.edu/classes/las/las400/conferencealt.htm

Other law prof names to google:
Douglass Cassel, Harold Koh

funky chicken on May 7, 2008 at 3:41 PM

AZCoyote on May 7, 2008 at 3:39 PM

So McCain isn’t lenient enough on immigration for this guy either? LOL, er, some conservative this fellow is.

funky chicken on May 7, 2008 at 3:44 PM

The sad thing here is that in 1972 Robert George was a young man in college very impressed with the candidacy of Senator George McGovern. He campaigned passionately for McGovern. George, like many other social conservatives, eventually discovered the bankrupt ideas shared by many of his colleagues.

Today, Robert George is a distinguished professor of ethics at Princeton, one of the most vocal and academic writers on pro-life policy, and roughly the same age as Professor Doug Kmiec.

Robert George is also Catholic and Pro-Life. It’s not clear who he is backing for President, but I sincerely doubt it is Senator Obama.

gabriel sutherland on May 7, 2008 at 3:54 PM

Thus his support for a candidate who believes in having justices decide things based on “social and economic justice” which just means that poor blacks shouldn’t face tough sentences for crime. Hmmmmm

funky chicken on May 7, 2008 at 3:31 PM

Yes, it’s all of a piece. It’s one of the mantras of liberation theology, and for such as Bill Ayers, whose aim is to bring the revolution into the K-12 classroom through the teaching of “social justice.”

Just try to remember that when the media salivates over “Catholics” who buy into this by supporting Obama, they aren’t Catholics.

Nichevo on May 7, 2008 at 4:04 PM

Kmiec makes more sense than many of the McCain-haters here at HA, but that’s not saying much.

jgapinoy on May 7, 2008 at 4:21 PM

funky chicken on May 7, 2008 at 3:41 PM

I don’t think you have to sell anybody at HA on how horrendous Obama’s SCOTUS nominations would be — in spite of his lofty rhetoric, he’s pretty much exposed himself as the radical leftist.

The problem is still McCain. Yes, I believe he will pick nominees acceptable to conservatives, but given that we are looking at an even smaller minority in the Senate, those nominees stand to be promptly failed by the Judiciary Committee. Who, then, will be the second choice(s) of the man who touts himself for his “bipartisanship” and is unashamed of his leadership of the “gang of 14?”

That’s the unanswered, and given his track record, highly disturbing question.

Nichevo on May 7, 2008 at 4:41 PM

Kmiec makes more sense than many of the McCain-haters here at HA, but that’s not saying much.

jgapinoy on May 7, 2008 at 4:21 PM

heh

Jaibones on May 7, 2008 at 5:07 PM

It is time to stop bashing Doug Kmiec.

I am not at all joking when I say I believe he is suffering from some sort of dementia.

EJDolbow on May 7, 2008 at 5:40 PM

Serious answer: there’s no such thing as truly pro-life people. Nobody seriously thinks abortion is murder, or else they would treat women who have done that as murderers.

freevillage on May 8, 2008 at 2:59 AM