Last night I watched the movie "Amazing Grace", the chronicle of MP William Wilberforce's efforts to ban the slave trade in the United Kingdom. This was my second viewing of it. I get indescribably uncomfortable watching this film. The analogy to the work the Christian Church has before it of ending abortion is unmistakable.The movie left me restless, upset, unable to sleep. It reminded me of Christ's words, "The harvest truly is great, but the labourers are few: pray ye therefore the Lord of the harvest, that he would send forth labourers into his harvest. (Luke 10:2, KJV)" When I was an unexposed-to-Catholicism Evangelical, I lived as though life were about spreading the Gospel (i.e., instructions on how to become saved). Now, as an exposed-to-Catholicism Christian, I realize that life is about the Gospel (i.e., that God is Love). Living out the Gospel (vice a focus on merely spreading it) will entail painful work until my life is complete. Before I sought rest and comfort in this life (since I had already checked off the "Saved" box). Now I seek to make my calling and election sure by satisfying my convictions to do Kingdom Work.
What have I done for women seeking to make use of the Planned Parenthood abortion clinic up the street from my law school? Perhaps I'd better get to the work of sharing the Gospel of love up there. What have our pro-life Senators done to imitate the efforts of Wilberforce? They wring their hands and blame the Supreme Court. That's a quitter's excuse. If you have a "Pro-Life" Senator that has not introduced legislation to end abortion-on-demand, please kindly inform him that he's a quitter. And send him a copy of "Amazing Grace" while you're at it.
Can we not put our minds together and come up with a bill that will help stem the tide of infanticide? We cannot wait for 5 Justice Scalia's to be appointed to the High Court before expecting our Pro-Life Senators and Congressmen to take action. The Court may be (presently) as good as it's going to get for the Pro-Life movement in some time. There must be something our elected officials can do. I would much rather see them lose the good fight, then not take up its standards to begin with.
I propose the following, and would love to hear other suggestions (unfortunately, being under Maryland Senators, I would have no more success than a voter in any other traditionally Catholic, Pro-Choice state): a Bill allowing the States to define when life begins, and requiring the courts to apply the 14th Amendment's protections of life, liberty and property to all persons who are on the "begun" side.
Seems too good to be true, and I feel all over that it would never work; but not working at it doesn't work either. Roe v. Wade was built on this foundation: If the fetus is a "person" within the meaning of the 14th Amendment, Ms. Roe's case collapses...but the Court "need not resolve the difficult question of when life begins"...doctors, philosophers and theologians can't reach consensus, so the judiciary won't be able to...therefore, the states may only claim an interest in "the potentiality of life". O'Connor's Planned Parenthood v. Casey decision upheld Roe, without touching this foundation and with lots of talk about stare decisis (respecting precedent).
A new law by Congress, passed after an extensive period of findings where they could call medical doctors to explain the advances in neo-natal medicine and radiology since 1973, could have the staying power that the Partial-Birth Abortion Ban Act had with the post-O'Connor Carhart court. That case showed a willingness to defer to Congress's judgment. Should Congress adjudge that there is strong evidence of life beginning before half the fetal trunk passes through the cervix (our present standard), they could hand off this social determination to the States. And if the States are empowered to determine when life begins, Roe is undermined. Casey's stare decisis rambling would also be undermined by new statutory law.
But you may need to pardon my idealism.
I think it could fail because the court could say that it's not for the Federal Congress to grant to States the power to determine when life begins. But this would have the marvelous impact of forcing the court to face dead-on the weakest (and most crucial) aspect of the Roe decision. Every discussion I've had with a Pro-Choicer involves carefully avoiding the question of when life begins. Almost all of them, when pressed have had to conclude (I think as post hoc rationalization) that life doesn't begin until birth. And that is becoming, thanks to medicine, an increasingly tenuous position to take.



