Why don’t single-issue anti-abortion voters oppose this Trump Supreme Court nomination?

by Gina Schouten on September 29, 2020

That might seem a silly question, but I’m finding myself genuinely wondering. I’m going to use this post to write through my confusion, building toward a second, deeper question, which arises if we’re willing to take that first question seriously: Should single-issue anti-abortion voters prefer a course of action that leads to fewer abortions, or should they prefer a course of action that leads to more abortions but that makes the laws better reflect their convictions about the ethics of abortion? This, I’ll suggest, is the actual choice situation they face.

I’m not a single-issue anti-abortion voter myself, so I might well misstep at various points. And, because most of the single-issue anti-abortion voters I know personally are Catholic, I’m still likelier to misstep with respect to the non-Catholic moral underpinnings of abortion opposition. Still, I don’t think anything I say in setting out the considerations as I see them needs to contradict the ethical or spiritual commitments that underpin these voters’ political stance. Indeed, I am trying to reason from those ethical commitments as I understand them to the political question at hand. Let’s grant for the sake of argument that Amy Coney Barrett would vote to overturn Roe v. Wade. Why might a single-issue anti-abortion voter nonetheless oppose her appointment? As I see it, there are two types of reasons for opposition.

First are procedural reasons. The single-issue anti-abortion voters I know care a lot about integrity. They are disinclined to think that good ends justify sleazy means. The immediate process whereby this nominee would be appointed would involve a lot of sleaze. It would involve voters’ representatives not acting with integrity. It would also risk causing serious, lasting damage to democratic institutions and exacerbating civic distrust and polarization. These are pretty bad means of realizing the end in question.

Maybe procedural matters are part of what gets excluded by the designation “single-issue.” The whole point, after all, is that the end in question is not just any good end. Maybe overturning Roe justifies even the sleaziest of means. Still, I think there’s something odd here. Single-issue anti-abortion voters aren’t a homogenous bunch, of course, but if I tried to formulate the moral commitments that underpin that position, I’d be inclined to include a premise like this: There are certain things that you should never do, no matter the costs of not doing them. E.g., abortion would be morally wrong even if the costs to you of not getting an abortion were astronomical. Procedural sleaziness is probably not among the things that are so bad that they must never be done. But: imperiling democratic institutions and risking civic breakdown? Are those things that we should resist doing even at the cost of leaving intact (what these voters perceive as) morally catastrophic abortion protections?

If that’s the right way to look at it—and I’m not sure it is; remember, I’m wondering—then single-issue anti-abortion voters face a tragic tradeoff. They can support further legal restrictions on a behavior which they regard as absolutely wrong, but only by supporting behavior that I’d think might merit that designation as well: acting with such procedural sleaze as to imperil our democratic institutions.  

So much for procedural reasons. Second are substantive reasons.[i] There is clearly a lot at stake in this moment beyond abortion. From what I can tell, Amy Coney Barrett seems likely to vote with conservatives on several other life-or-death issues: healthcare, environmental regulation, worker and consumer protections, and voting rights, to name a few. This matters for a reason that’s been emphasized often enough in public discourse about abortion: Precisely because these are life-or-death issues, voters who care deeply about preserving life should care deeply about these issues as well. And the single-issue voters I know do care about them. In our context, because social conservatism comes tightly packaged with support for market deregulation and public service erosion, a conservative Court would issue decisions that imperil the life and health of some of the most vulnerable members of our society. I don’t think that claim can reasonably be disputed. Meanwhile, a nomination hearing virtually kills any hope of a Coronavirus relief package, further imperiling the life and health of vulnerable citizens. Assuming their opposition to abortion is underpinned by a general reverence for life, single-issue anti-abortion voters must recognize this, too, as quite a tragic tradeoff and regret that our political context packages issues as it does.

Now stir in another point familiar from public debate over abortion: A conservative Court will imperil the lives and health of the most vulnerable by issuing decisions that increase rates of poverty and diminish access to healthcare—both of which are associated with a higher rate of people seeking abortions. Now, in certain circumstances, I have no doubt, legal abortion restrictions would reduce the incidence of abortion even as the demand for abortions increases. But we’re clearly not in those circumstances. Meanwhile, overturning Roe is likely to motivate many states to pass stronger protections for access to abortion. Unless the hope is to ultimately criminalize abortion so broadly and so effectively as to restrict these protections and outweigh the increase in unwanted pregnancies that would come about due to other decisions made by a conservative Court, it seems unlikely that swinging the Court right on the abortion issue will really result in fewer abortions.

I know many of the voters I have in mind find the Democratic Party to be deeply inhospitable. But that can’t explain this puzzle away on its own; these are clear issues voters, after all. I know poverty-amelioration lowers rates of abortion in part by increasing access to safe and reliable contraception, which many of these voters find problematic. But that can’t explain the puzzle away on its own; they’re not single-issue anti-contraception voters, after all. I know the empirical projections aren’t uncontroversial. But the existence of a genuine tradeoff in this vicinity strikes me as fairly certain in our political landscape. And I know some on the left would assume the voters in question are ideological or unprincipled. But many of them are highly principled. So what gives?

I’m wondering if my mistake is in assuming that what single-issue anti-abortion voters really want is fewer abortions.

The discussion so far assumes that faced with a choice between more abortions and fewer abortions, with zero abortions not being an available option, single-issue anti-abortion voters would choose fewer abortions. But presumably, ending Roe v. Wade has some kind of expressive value for these voters, even if the cost of ending abortion protections is to drive up the incidence of unwanted pregnancy. Here’s one way to try to articulate that value: Ending Roe would make the legal landscape—in several states and at the national level—better reflect their deepest moral convictions. I wouldn’t have thought this expressive value is what drive single-issue anti-abortion voters to oppose abortion above all else. But maybe there’s some other way to understand the expressive value at stake?

In our circumstances, abortion opponents can’t have both further legal restrictions and reliably fewer abortions. So why don’t more of them throw their weight behind the latter?

[i] This set of reasons, it seems to me, bears on the choice situation of the voters in question not only in determining whether they favor this Court appointment but also how they vote in this country generally.

{ 44 comments }

1

Brandon Watson 09.29.20 at 11:30 am

I don’t think I’ve ever met a single-issue voter (for any single-issue voting, not just abortion) who was plausibly a consequentialist, which this line of reasoning seems to require. (Maybe there are single-issue voters on climate change who are consequentialists? You’d need an issue where the consequences were widespread and could be thought to swamp everything. But, again, I don’t think I’ve ever actually met any.) That is to say, you don’t generally become a single-issue voter while thinking of good voting as a matter of weighing outcomes, because weighing outcomes usually requires looking at lots of issues. In my experience, single-issue voters of any kind are usually bothered instead by what they see as being forced to be complicit in some grave and obvious ongoing violation of fundamental rights or obligations, and thus they tend to be impatient with (as they would see it) people trying to tap-dance around the present violation by invoking futures that may or may not happen.

2

Salem 09.29.20 at 1:18 pm

In our context, because social conservatism comes tightly packaged with support for market deregulation and public service erosion, a conservative Court would issue decisions that imperil the life and health of some of the most vulnerable members of our society. I don’t think that claim can reasonably be disputed.

I’m not sure what you claim to be beyond dispute – the association, or the downstream effects. The association you suggest is indisputable and widely known. But, as you know, conservatives and libertarians will argue until the cows come home that market deregulation is good for everyone, and particularly the most vulnerable. Your hypothetical single-issue voter may be sympathetic to such a viewpoint, or perhaps just agnostic.

Perhaps you don’t regard such disagreement as “reasonable.” I won’t seek to persuade you otherwise. But assuming we are talking about real-world voters, rather than spherical, frictionless ones, then a certain level of unreasonableness is to be expected.

More generally, no-one is a single-issue voter tout court. They are single-issue voters in the context of the current differences between the parties. Almost by definition, single issue voters don’t see a comparably important difference between the parties on issues other than the bee in their bonnet. For sure, if you think that legal abortion is a moral horror, but Republican economic policy is even worse, you should think twice before voting Republican! But then you probably weren’t a single-issue voter to begin with.

3

George Hogenson 09.29.20 at 1:36 pm

I am a little surprised that you do not seem to have taken into account the history behind Evangelical—particularly Southern Evangelical—opposition to abortion. At least for the political leadership of that group, abortion was only a convenient way to continue a more broadly construed right-wing agenda, which would, of course, include many of the derivative outcomes of a very conservative court that you mention. For a place to start on this:
https://www.politico.com/magazine/story/2014/05/religious-right-real-origins-107133

4

Lawrence Schuman 09.29.20 at 1:58 pm

It’s almost as if you didn’t know anything about the history of this issue, and have never met, or even read about, anti choice absolutists as they actually exist. Look up Paul Weyrich. Read what the bloggers Fred Clark (Slacktivist) and Libby Anne (Love, Joy, Feminism) have written about the anti choice movement.

5

Starry Gordon 09.29.20 at 2:16 pm

Aren’t most antiabortionists deontological? Therefore they would not be concerned with the practical effects of an antiabortionist Supreme Court.

6

some lurker 09.29.20 at 2:36 pm

Should single-issue anti-abortion voters prefer a course of action that leads to fewer abortions, or should they prefer a course of action that leads to more abortions but that makes the laws better reflect their convictions about the ethics of abortion? This, I’ll suggest, is the actual choice situation they face.

I don’t think they oppose abortion so much as the idea of women having sex for non-procreative reasons. Cyndi Lauper could re-word her hit song as “Girl Can Never Have Fun” and it would work here.

Men are never connected with the act or made to take responsibility, despite the number of children conceived through non-consensual sex. The focus is on punishment, not prevention.

There is a reason the word “moralitarian” exists. The number of abortion will not go down but the number of illegal and dangerous ones will, along with the death rate.

7

Hunter 09.29.20 at 2:43 pm

I think single-issue voters (regardless of issue) are by nature “principled”, but also by nature myopic, especially in the context of the US’ 2-party, FFTP, winner-take-all political structure. For many of these voters, killing babies is bad, full-stop. It doesn’t matter if more babies will ultimately suffer or die through hunger or neglect as a result, you can’t let people kill babies. This is trolley ethics, and single-issue anti-abortion voters wish to remove the trolley controls entirely.

However, I think it’s also a mistake to buy into the “sanctity of life” verbiage–that is, the notion that there is a conflict between death-bringing policies–say, support for the death penalty–and being against abortion rights. For many conservative voters, opposition to abortion is less about saving lives and more about maintaining a “natural order” of cause and effect. That is, pregnancy is the natural consequence of sex, while abortion serves as an unnatural get-out-of-jail-free card from that consequence. The pleasure of sex must be offset by the obligations of procreation (a burden that is borne disproportionately by women, I should add), and any resulting hardship is the price paid for indulgent or immoral behavior. For voters who see the world through this lens, poverty and pregnancy (and the death penalty) are reflective of God’s cause-and-effect design and to upset this order is to go against His Will. (Note: I couched this in religious terms, but this view of the world is not confined to religious conservatives; many non-religious conservatives also spend a lot of time thinking and talking about “natural” order and hierarchies)

8

ckstevenson 09.29.20 at 2:44 pm

There is no “sleaze” involved to a single-issue, anti-abortion voter. It’s that simple.

9

Tm 09.29.20 at 2:46 pm

“Should single-issue anti-abortion voters prefer a course of action that leads to fewer abortions”

This question has been answered many times over. It is absolutely clear and really has always been clear that religious conservative abortion opponents care about the punishment, not the avoidance of suffering (neither of the woman nor the fetus or the child). If they had any concern for the suffering, why would they oppose contraception (which, incredibly to Europen observers, US conservatives still do)? I remember the first presidential debate in 2008, held in a mega church (strange in hindsight). When the question came to abortion, Obama said, we may not agree on this difficult question but at least we should all agree that unwanted pregnancies should be avoided. One could feel how these Evangelicals hated Obama for saying this. It was so eminently reasonable and yet they hated hearing it. Avoiding suffering was the least of their concerns. (If anybody out there is still surprised that these same Evangelicals love this godless president so much, https://www.vox.com/policy-and-politics/2020/7/9/21291493/donald-trump-evangelical-christians-kristin-kobes-du-mez)

Y’all know that the Bible Belt has ridiculously high teen pregnancy rates? This is what the Religious Right actually want. They don’t want to protect young women (excluding their own daughters, that’s still different) from the experience of unwanted prgnancy, they want them to be punished for their sins.

10

Gina Schouten 09.29.20 at 3:31 pm

Thanks for these comments!
Setting aside Hunter’s natural order kind of view, which I need to think more about, I don’t find the consequentialism vs. deontology distinction very illuminating here. But maybe I’m just not understanding it properly. If abortion is a rights violation, and an absolute wrong, what does that entail, from a deontological perspective, about how I should vote? Even if I want to keep my hands clean of other people’s absolute wrongdoing? Does the question I pose not still arise?

11

Trader Joe 09.29.20 at 3:36 pm

Since you hedged about 10x that you might not have the argument right, I’ll confirm your suspicions – you don’t. No single issue pro-life voter would give four nano-seconds of thought about any of the relatively complex and entirely off point arguments you make.

Hunter@4 was far closer to the pin and far more succinct. I’ll try one bit better – don’t kill babies. One car argue endlessly when a baby becomes viable or not etc. the one issue voter isn’t interested in that science – its at conception. Full stop.

You may disagree, you may have 100 reasons that are all really good and really thoughtful (and I’m not disagreeing). But if you want to understand the 1 issue voter, you have to understand that point. It is substantially un-rebuttable from their perspective.

If life begins at conception and a mother and its facilitating government end that life society is conspiring against its truly most vulnerable and that is what is opposed.

Everything else that is mentioned, which is quite well reasoned and thoughtful isn’t likely to negate that point in the mind of a one issue voter. While I don’t agree, I find the diligence of the related faith quite admirable (provided it is truly that pure, which quite often it is not).

12

Hunter 09.29.20 at 4:15 pm

@Gina

I’m wondering if my mistake is in assuming that what single-issue anti-abortion voters really want is fewer abortions.

I think this is an important line of thought. I believe they’re, in general, less focused on the actual number than on society’s (and by extension, their own) implied acceptance/complicity in the act, and complicity in sin is a big deal for Christians of all flavors. From this view, being complicit in the deontological sin creates a cascade of negative consequentialist outcomes aside from the purely numerical/pragmatic one.

13

nastywoman 09.29.20 at 6:30 pm

Why don’t single-issue anti-abortion voters oppose this Trump Supreme Court nomination?

BE-cause they belief – that ”this Trump Supreme Court nomination” will… ”kill” Roe v. Wade.

14

PatinIowa 09.29.20 at 7:51 pm

The timeline matters too, right? It seems to me that single-issue voters on abortion might reason that while the empirical evidence suggests that the patchwork of laws we have now doesn’t prevent abortions, something more thoroughgoing–a national life begins at conception law, or an anti-choice constitutional amendment, for example–will universalize the law, and finally do the trick.

I think they’re dreaming, but I do think that’s something like the dream.

Another question: I don’t know that there are any single-issue gun control voters out there. But I’m reasonably confident that if we see a President Biden, AR-15s and ammo will be flying off the shelves as they did when Obama was elected. I can’t think of anyone who is for gun control who would be bothered by this. Are the two situations analogous, in people’s view?

15

Adam Hammond 09.29.20 at 9:11 pm

You are positing that each person is running through the ethics individually. But that is not how most political communities really work. Authoritative (and deserving) leaders present the ethical conclusions in very persuasive terms. Certainty in the cause accretes along with certainty that the moral argument is sound. This is repeatedly reinforced by positive interactions with people who agree with us and negative interactions with people who don’t. Considering an alternate ethical argument requires first considering our own. Very few of us ever truly chew through the derivation of our deepest beliefs. — All my point really does is move the ethical consideration up the chain of authority. Why do the leaders of certain communities care so much about Roe-v-Wade instead of the actual number of abortions? Here we can find all kinds of uglier weights on the scales, e.g. maintenance of the social order that respects their moral authority – and that social order very much includes a paternalism about the sexual behavior of women. That is what lurks behind any invocation of “Natural Order.”

16

Omega Centauri 09.29.20 at 9:37 pm

I have a couple of points to make.

The first is that the genesis of American anti-abortionism was by conservatives as a way to sell their own economic platform to a wider audience. So, its been heavily packaged for that end. Its all about tainting liberals with the attribute of immoral. So even those who are primarily thinking about the lives of babies, are doing so in a highly politicized framework that its difficult to step out of.

Then its not just that consequentialism isn’t all that popular, but that its hard to do right. To do it right one needs to make a spread sheet, and fill it in with numbers that are in some way defensible. Few are comfortable doing that, so they resort to principle and/or emotion as a means of avoiding the exercise.

17

Alex SL 09.29.20 at 10:47 pm

The single-issue anti-abortion voters I know care a lot about integrity. […] Maybe procedural matters are part of what gets excluded by the designation “single-issue.”

Yes, contradiction is right there. An actual single-issue voter, and on this issue those are mostly religious fundamentalists, will not care about any “sleaze” or collateral loss of life required as long as their single issue is dealt with. If they care predominantly about integrity then they are single-issue voters on integrity, and if they weight all these issues against each other they are not single-issue voters.

Assuming their opposition to abortion is underpinned by a general reverence for life…

Again, those are not the relevant people. People who have a general reverence for life are pacifist Greens, a subset of leftists, progressives. Single-issue anti-abortion voters do not have a general reverence for life. This isn’t some abstract cogitation about what ideas could theoretically go together; it is about how people and their values work in the real world we inhabit.

I’m wondering if my mistake is in assuming that what single-issue anti-abortion voters really want is fewer abortions.

Here is then the crux of the matter, the insight that has to be the starting point of any discussion of the issue. They do not, in fact, want fewer abortions. What they want is for all those [slur]s to be punished for having sex, except if it is their own daughter, who is a good girl who has just made a mistake and cannot afford to have a baby right now; that is different. Their declared motivation is not their actual motivation, as demonstrated decisively by their actions.

18

Cranky Observer 09.29.20 at 11:18 pm

= = = The first is that the genesis of American anti-abortionism was by conservatives as a way to sell their own economic platform to a wider audience. So, its been heavily packaged for that end. Its all about tainting liberals with the attribute of immoral. So even those who are primarily thinking about the lives of babies, are doing so in a highly politicized framework that its difficult to step out of. = = =

This raises the question of the tail vs the dog. The East Coast patricians and their lesser Texas “new money” cousins no longer run the Republican Party or the far Right, but who does? The ultra-billionaires including the Koch brothers (now singular), Sinqfeld, etc clearly have a role, but they can’t collect a lot of votes – particularly when their agenda of returning to feudalism is made explicit. Enter the christianists and their agenda of returning to a “righteous”, “godly” society, one where preachers rule and – you saw this coming – women are kept in subservient roles. That fits nicely with the Koch goal of a feudal society [1], so for the moment they are allies and backing anti-choice candidates with votes and money is part of deal.

Naturally each sub-party believes they will rule in the final arrangements. My money is on the billionaires in that endgame.

[1] noting for the record Duncan Black’s observation that the end society that the billionaires seem to be driving for would be a horrible place to live even for those sitting on their throne-chairs in their gigantic gated estates – do they realize that?

19

Starrygordon 09.29.20 at 11:47 pm

The numerous antiabortionists I have encountered on the Net, on the street, and in personal life, have been purely deontological. There arguments derive from the axioms that it is wrong to kill (innocent) humans and that zygotes-embryos-fetuses are human beings; that although the government, state, community etc. probably can’t stop people from doing it, if moral they must attempt to prevent it in every case. I know these arguments can be attacked, and may be made in bad faith, but that’s not the point. The antiabortionists don’t care. And if they can get a Supreme Court justice appointed who is an antiabortionist, that’s what they think they should do, regardless of the possibly adverse consequences. They’re not necessarily single-issue voters, but the issue is usually very important to them.

This is just my personal experience, of course — of hundreds of arguments over dozens of years.

20

SamChevre 09.30.20 at 12:37 am

I’m not a single-issue anti-abortion voter, though I’m close to it; I think a majority of the people I know well are also fairly close to it.

I think that Brandon Watson (#1) and Hunter (#7) get one key thing right – for most of the outspoken anti-abortion voters, it’s about morality not consequence. But that gets treated in this discussion as weird, when I think it’s normal. I cannot imagine most of the bloggers on this site voting for someone who was outspokenly pro-Holocaust–whether they agreed with his other policies or not, even if he were running for a position as mayor of a small town with no Jews. At some point, a candidate’s positions on specific issues are important because of morality, not consequences. And also, this reflects an understanding that people’s understanding of morality is shaped by the law, and by what is and is not acceptable to advocate publicly.

I also think that most “single-issue” anti-abortion voters are thinking long-term and structurally, and disagree with your perception that more anti-poverty programs will reduce the abortion rate, although maybe not explicitly. In the historical context since 1960, as anti-poverty programs have grown, and access to contraception has expanded, the abortion rate has gone up tremendously and stable family formation among the working class has dramatically fallen. The trade-off hasn’t been fewer unstable relationships between joint parents, or fewer children growing up with a single parent–although in specific cases you’d expect those outcomes, the averages don’t support that conclusion. Like anti-smoking activists, the goal isn’t just fewer smokers/abortions next year in Iowa; it’s a world where smoking/abortion is less built into the design of the world–which will eventually change the numbers, but not necessarily next year.

I also think the natural order argument is important, but (again) rarely expressed in its most helpful form–which is as a modification of the violinist thought experiment. If you agree with Thompson’s conclusion that you’d owe no duty to the violinist in the thought experiment, would it change your conclusion if you had agreed to be connected to the violinist? For many people, it would.

21

Matt 09.30.20 at 1:06 am

…voters who care deeply about preserving life should care deeply about these issues as well. And the single-issue voters I know do care about them.

This connects a bit with some things others have said, but in a slightly different way, I think. (Also, most people don’t have that sophisticated of views here. I mean that just as a description, not a criticism. So, this is meant as a reconstruction more than a pure description.)

The above seems to me to not give enough weight to the way that many Catholics, in particular, distinguish between the intentional taking of life, and a “mere side-effect”. Abortion, on this account, is always, or nearly always, the intentional taking of an innocent life, and so always a serious wrong that is categorically prohibited. People dying for these other reasons may be wrong, too, but they don’t involve the intentional taking of an innocent life, and so are in a very different category of wrong-doing. The two types cannot be traded off against each other. (This is where a sort of deotology comes in.) This sort of view is where the contortions that come with liking the “doctrine of double effect” come in. I think the whole thing is a mess and a mistake, but think this is the line. Also on these lines, you can’t just trade off some bad on one side for some good on the other, and this is so even of bads like abortion. So, even if allowing a few abortions in one place would lead to fewer abortions over-all, you’re not allowed to allow that first set, any more than allowing a few murders. On this view, things just can’t be added up or traded off in this way. Again, I don’t find this at all plausible, but I think it’s the view.

22

JimV 09.30.20 at 4:26 am

As commenters have mentioned there are a lot of scum at the top who will ride any issue to power with power as the goal, not the issue, but also a lot of people at the bottom who do believe and always have that abortion is murder.

The founder of the evangelical movement, Billy Sunday, preached against abortion as murder circa 1910. When I read somewhere that the anti-abortion issue was a wholly made-up ploy by conservatives, it took me about a half-hour on Google to track that fact down. It may well have been fostered by some such as Falwell for their own ends, but in the small town I grew up in circa 1950, heavily-pregnant, unmarried teen-agers were a common sight and I never heard of the word abortion. Perhaps because it was illegal, but it was illegal then for a reason.

I personally think there are too many people in the world (about 1 billion in 1900, about four billion in my youth, almost eight billion now–this can’t go on much longer), and on many days I think an early abortion wouldn’t have been much of a personal loss, but my experience has been, as with some other commenters, that the anti-abortion voters I know are quite sincere (and have a lot of babies). (One said of her 8-month old, “Oh, I wish he could stay this way forever!”)

Others have already explained this better than I can, but I wanted to add concurring testimony, that it is an emotional issue with many, and they will vote their emotions.

I do know a few, just to add a note of hope, who saw Trump for who he is and could not vote for him–but couldn’t vote for HRC either, and wrote in some other name.

23

de Pony Sum 09.30.20 at 6:05 am

People saying “well they’re deontologists, so these consequentalist musings don’t matter” have to meet a further explanatory task, which is explaining why a deonotlogist would be particularly concerned with lobbying to make abortion illegal. After all, abortion remaining legal doesn’t violate any of their perfect duties- it can’t, because it’s a configuration of the state, not of their own behavior. Deontologists don’t have a particular moral duty to make everything they are opposed to illegal- rather they have a particular moral duty not to participate in it, even if it would advance the good (or at least this describes the most common forms of deontology.)

I think it’s not so much deontology vs consequentalism as about a theory of history. The anti-abortionist is usually a particular kind of conservative who believes that A) The popularity of abortion is a symptom of exceptional moral decline and B) This moral decline is reversible by an exceptional act of act of will.

This act of will is the uncompromising assertion of goodness by a renewed state acting as a representative of the good. There is certainly no room in this perfected state apparatus for compromise with sin. And what compromise with sin could be more vile than carving out a particular class of people which it is legal to murder in cold blood- a class of people who are, by definition, the most innocent (I’m just spelling out how they see it).

These are people who have stepped outside the bounds of public reason, and are trying to impose a particular, very specific vision of the good on society. Indeed, as one of their acolytes recently called it “the highest good”. People often say that Marxists have an overly plastic view of human nature, but at least we Marxists think that you can’t change people through culture warring and will alone- you need to change the structure of economic/social relations fundamentally- these conservatives have no such reservations and think they can will society out of abortion and many more things besides (premarital sex, for example).

I tend to think premarital sex and the holy family is really what they’re going on about, since the bible itself is honestly quite equivocal on abortion and the biblical case against abortion is actually far weaker than, for example, the biblical case against homosexuality.

TLDR: They’re moral utopians

24

nastywoman 09.30.20 at 6:05 am

@11 writes:
”No single issue pro-life voter would give four nano-seconds of thought about any of the relatively complex and entirely off point arguments you make”.

It’s just basically –
”trump” –
(the Worlds Word for: ”STUPID”)

25

Collin Street 09.30.20 at 6:45 am

Should single-issue anti-abortion voters prefer a course of action that leads to fewer abortions, or should they prefer a course of action that leads to more abortions but that makes the laws better reflect their convictions about the ethics of abortion?

In a lot of cases, I honestly don’t think you’re dealing with people who comprehend that the two are different. Actions only have first-order effects; second-order effects are “just complicating things” and what-have-you.

See also economics, where this phenomenon is a bit more obvious. Generally I’ve noticed that a lot of the problems there have been with conservatism regulatory apparatus can be explained this way.

[also, anger is a natural consequence of frustration… and an inability to understand how people respond to what you do would lead to a lack of success in your plans and thus to frustration. It’s all of a piece]

[1] noting for the record Duncan Black’s observation that the end society that the billionaires seem to be driving for would be a horrible place to live even for those sitting on their throne-chairs in their gigantic gated estates – do they realize that?

No, because see above. They only see the first-order effects; the flow-ons beyond that are incomprehensible. “If I cut my staff wages I’ll be able to keep more money to myself” is the limit of their thinking; “the quality of work I get from my staff will fall” or “there’ll be fewer customers” are second- or third-order effects and beyond them.

[making money in a rent-heavy sector definitionally depends less on personal properties of the money-maker, which means trivially we can expect that people who got or stayed rich through rent-heavy sectors to be… systemically less good on their personal properties than people who got or stayed rich through other means. Downward social mobility is important, even crucial.]

26

J-D 09.30.20 at 6:48 am

Should single-issue anti-abortion voters prefer a course of action that leads to fewer abortions, or should they prefer a course of action that leads to more abortions but that makes the laws better reflect their convictions about the ethics of abortion?

What single-issue anti-abortion voters should do is simple: they should stop being single-issue anti-abortion voters.

27

Tm 09.30.20 at 8:46 am

Cranky 18: “the end society that the billionaires seem to be driving for would be a horrible place to live even for those sitting on their throne-chairs in their gigantic gated estates”

Being at the top in a very unequal society was never an enviable position. Who among us would want to change places with anybody from the Trump family? We pity them, at best, these sad deformed souls.

28

Tm 09.30.20 at 9:57 am

A lot of this debate focuses on consequentialism vs deontology. A comparison with the German jurisprudence may be interesting (at least of academic interest), because in this respect it is highly unusual. Many may not know that abortion is still illegal in the Federal Republic of Germany. Parliament tried twice to legalize it but the constitutional court would not allow it, claiming, contrary to their colleagues in most of the liberal world, that the fetus had an independent right to life which must be protected by the state.

The court argued essentially the following (https://www.servat.unibe.ch/dfr/bv088203.html):
– Since fetuses have rights, the state must take effective steps to protect those.
– In certain cases, the woman’s rights to life, bodily integrity and dignity must be weighed against those of the fetus.
– The state must declare abortion illegal as a matter of principle (deontology) but can decide not to enforce the ban if it concludes that other measures are more effective to protect the legal interests (Rechtsgüter) at stake (consequentialism). It is also a generally acknowledged constitutional principle that the state has a special duty to protect children and the welfare state must provide appropriate assistance to families in need.

This legal position is truly horrible. Procreational autonomy and bodily integrity are not outright denied but become an afterthought to imagined rights of fetuses. But there is some complexity in the argument that I think warrants closer attention.

29

Pro Bono 09.30.20 at 12:22 pm

“People who have a general reverence for life are pacifist Greens, a subset of leftists, progressives.”

People who revere life abhor homicide.

Suppose that it were statistically established that capital punishment for murder reduced homicides, even if one counts the executions as homicides, which they are. Would you expect these progressives then to support capital punishment for murder?

I wouldn’t. It’s state-sanctioned killings they most oppose, because they’re carried out in the names of us all.

30

bianca steele 09.30.20 at 1:53 pm

I don’t think I’ve seen much discussion anywhere of the idea of politics as expressing (or less critically, attempting to vote to implement) one’s preferred system of government, philosophy of law, etc., especially where that’s not the established one.

If people who vote this way think about consequences, I think, they assume at the beginning that outlawing something is the best first step toward eliminating it. That liberals who insist on integrity keep telling them this isn’t a good argument may contribute toward their not caring so much about integrity.

More charitably, I suppose, one could see them as part of a movement, which some self-consciously are, to bring about better consequences eventually through the means the movement chose.

As for “serious, lasting damage to democratic institutions and exacerbating civic distrust and polarization,” I don’t know. Once a group has decided others’ beliefs about integrity don’t matter, how much will they care about distrust among those others?

31

LFC 09.30.20 at 2:37 pm

Possibly I’ve missed this, but no one seems to have made the point that the “pro-life” movement has already succeeded in getting quite a few states to enact very sweeping restrictions on access to abortion, or at least on ease of access. Occasionally these restrictions are struck down by the courts, but my impression is that many of them remain in place. Whether these restrictions actually reduce the overall number of abortions in the U.S. is a question I’m not sure of the answer to, but I would not be surprised if the answer is yes.

Then, too, the “undue burden” standard of Planned Parenthood v. Casey, which is doctrinally the standard that guides SCOTUS in considering abortion restrictions, is flexible enough to allow quite a few restrictions to get by. In other words, the jurisprudence in this area has shifted since Roe was decided in a direction that favors the “pro-life” side. Having already weakened Roe v. Wade both jurisprudentially and practically, the anti-choice or pro-life side’s goal of overruling Roe would seem to me at this point to be, as has already been suggested, more “expressive” or symbolic than anything else. From that standpoint, their support for Barrett and her confirmation is “rational,” even if one posits a scenario in which overruling Roe increases the number of abortions, either legal ones in those states that are “liberal” on the matter or illegal ones elsewhere. Another thing is that it matters how and in what context Roe is overruled, whether the overruling decision would contain statements, dicta or otherwise, about the fetus and “personhood” or not. And without knowing that, it’s hard to generate and play out the hypothetical scenarios.

32

MisterMr 09.30.20 at 4:01 pm

My two cents.

First of all, “consequentialism vs deontology” is a false dichotomy: for example if I pull the trigger of a gun, a bullet shoots out of the gun and impacts somebody’s head, the consequence of my act is that somebody dies.
But in deontology terms, this is not a consequence of the act of pulling the trigger, instead the whole sequence of events is counted as a single action, that is “murder”.
On the other hand, in consequentialist term an attempted murder is still bad, even if it has no “consequences”, because it could and was indeed supposed to have some bad consequences (the same happens with deontology).

Which is to say that the difference between the “act” and the “consequences” of the same act is very fuzzy, and often it is just a linguistical choice to frame something as a consequence of an act or as an act itself (a big part of the differentiation is intentionality, but then if I know the most likely consequences of an act it is difficult to say that those consequence are not intentional, and anyway intentionality depends on perception so it is very ambiguous).

Many years ago I was a catholic, and an anti-abortionist (though not a single-issue one since there was no party at the time in Italy that was single issue anti abortion).
I was anti-abortion because I believed in the existence of the soul, not as a mere symbol but as a real entity.
So the anti abortion stance was part of a wider world view.
I think that “single issue” voters also have a sort of general world view, and that the issue in itself is not necessarily all that important, but rather these people use it as a litmus test to identify people who (they believe) share thir values.

So if someone is OK with legal abortion, from their point of view it is evident that he or she doesn’t share their principles, so he or she is also likely to betray their expectations in other fields.

33

Orange Watch 09.30.20 at 5:22 pm

Starrygordon@19:

While I completely agree that consequentialist anti-abortionists don’t exist in meaningful numbers, and that deonologists are the most common, I have seen some representatives of the remaining metaethic of the big three: the virtue ethicists. I’ve seen, forex, Evangelical-flavored arguments against abortion that when stripped down to their foundation argue bad people get abortions, and thus should be punished for it, rather than getting abortions is bad and deserving of punishment. From that point of view, absolutism makes even more sense: bad people will always exist, so abortions cannot be prevented, and what we need is a mechanism for controling and punishing bad people.

It perhaps does not need stated, but some of the virtue-ethics flavored anti-abortion arguments included explicitly racialized elements as well…

34

Orange Watch 09.30.20 at 5:30 pm

Patiniowa@14:

My Midwestern lived experience tells me single-issue 2A people are definitely still out there. I’m related to one, and a couple of people I was friends with in high school profess similar views. In the current polarized environment, that becomes muddled since they may start single-issue and then work backwards from there to convince themselves that the entire GOP platform is laudable, but their foundation is very clearly 2A.

35

Bruce Baugh 09.30.20 at 7:57 pm

A central quality of the US’s organized anti-abortion effort and its allies hither and yon is specifically a fascination with punishment. Greatly improved workplace safety regulations and good maternity health care and leave policies would demonstrably reduce the rate of abortions in the US. But they’re uninteresting to the crusaders, because the only people who’d suffer under them are business owners unable to pollute and exploit as much as they’d like to.

If you want to predict how the so-called pro-life movement will respond to any measure, you only need to ask yourself if it will make people suffer for doing something they’d like to do. If it does, they’ll be on it for sure. The less suffering imposed for something chosen or wanted, the less they’ll go for it.

36

Gorgonzola Petrovna 09.30.20 at 8:15 pm

“People often say that Marxists have an overly plastic view of human nature, but at least we Marxists think that you can’t change people through culture warring and will alone- you need to change the structure of economic/social relations fundamentally- these conservatives have no such reservations and think they can will society out of abortion and many more things besides (premarital sex, for example).”

But don’t certain (most?) kinds of Marxists believe that ‘human nature’ can be changed by indoctrination? For example in re-education camps, or by exposing humans to massive propaganda, while suppressing and/or discrediting propaganda of the opposition (‘enemy propaganda’). In fact, forget Marxists; pretty much every doctrinaire believes it these days, and acts accordingly.

No, I don’t see how this makes anyone “moral utopian”. If you could force (or bribe) the mass-media, the education system, and social media to propagandize, skillfully, the pro-life doctrine, while suppressing/discrediting the opposing propaganda, I’d say in a decade or so the society would be solidly pro-life. Not the rocket science.

37

Mike Furlan 09.30.20 at 10:15 pm

“…lasting damage to democratic institutions and exacerbating civic distrust and polarization.”

That, more than the end of abortion is the goal. Why else would Trump, a man who has paid for abortions, have made this nomination?

Barrett also thinks the 14 and 15 Amendments (and I presume the 13th to be consistent) are null and void.

The people who sincerely want to do something good are just pawns in this game.

38

Alex SL 09.30.20 at 11:06 pm

JimV,

(One said of her 8-month old, “Oh, I wish he could stay this way forever!”)

This says more about her attitude towards children than she may have realised, and it creeps me out.

Tm,

I am German, and to the best of my knowledge abortion is legal in the first three months if the patient has undergone a consultation and then thought about it for three days, or alternatively for medical reasons and in the case of rape. But yes, compared to the USA or many other European countries that is quite backward.

Pro Bono,

That’s a deontologist versus consequentialist question, not a progressive versus religious fundie question, although I grant that the latter are virtually all deontologists anyway.

I merely argue that most radical anti-abortionists do not, as a matter of observable fact, revere life in general. Many cheer when an abortion doctor is murdered or a clinic is bombed. Many are in favour of wars against Muslim countries. Many are in favour of the death penalty. And that is before considering their majority stance towards non-human life, which you must also consider when saying “general reverence for life”.

Now compare all that with the stance the modal Greens activist on how everybody should treat their fellow humans, even those they disagree with, and animals, on the preservation of nature, or even on war; there is really no doubt that reverence of life in general is located on that side of the spectrum.

39

anon 10.01.20 at 12:13 am

I assume your characterization of the Supreme Court’s overthrow of Roe V Wade as ‘sleaze’ is pure rhetoric, because it makes no intellectual sense.

Roe v. Wade (a Supreme Court decision) created the right to abortion.
The anti- Roe v. Wade (also a Supreme Court decision) passed in, say, 2023, removes the right to abortion.

What is ‘sleazy’ about that?

anon

40

Orange Watch 10.01.20 at 2:46 am

Alex SL@17:

They do not, in fact, want fewer abortions. What they want is for all those [slur]s to be punished for having sex, except if it is their own daughter, who is a good girl who has just made a mistake and cannot afford to have a baby right now; that is different. Their declared motivation is not their actual motivation, as demonstrated decisively by their actions.

To circle back to my prior comment, this really feels more like we’re talking more about an adherent of virtue ethics than deontology: “Abortions should be banned because bad people have wrong desires that make them do bad things for wrong reasons and then want abortions, but my daughter is a good person, and I am a good person, therefore she should be able to get an abortion, and I should be able to want for her to get one, because our desire to do it is right and it would be done for right reasons.”

41

Harry 10.01.20 at 3:28 am

I thought the sleaze referred to the means by which the court is appointed, not the actual decision. Possibly sleazy behavior includes voting for a self-declared sexual assaulter who clearly despises Christianity (seriously, many Christians understand this, including many who voted and will vote for him), and engaging in or supporting politicians who engage in staggering hypocrisy around appointments.

42

Tm 10.01.20 at 10:12 am

Alex 38: “to the best of my knowledge abortion is legal in the first three months if the patient has undergone a consultation and then thought about it for three days”

This is what many people think and for practical purposes, that’s how it works. But de jure it’s wrong, and the courts care very much about the distinction. See https://de.wikipedia.org/wiki/Schwangerschaftsabbruch#Geltendes_Recht. The decisive constitutional Court ruling states it in these terms:
“Der Schwangerschaftsabbruch muß für die ganze Dauer der Schwangerschaft grundsätzlich als Unrecht angesehen und demgemäß rechtlich verboten sein (Bestätigung von BVerfGE 39, 1 [44]). Das Lebensrecht des Ungeborenen darf nicht, wenn auch nur für eine begrenzte Zeit, der freien, rechtlich nicht gebundenen Entscheidung eines Dritten, und sei es selbst der Mutter, überantwortet werden.”
So the state must declare abortion fundamentally as a legal wrong even if it decides not to punish it in certain cases.
And: “Der Staat muß zur Erfüllung seiner Schutzpflicht ausreichende Maßnahmen normativer und tatsächlicher Art ergreifen, die dazu führen, daß ein – unter Berücksichtigung entgegenstehender Rechtsgüter – angemessener und als solcher wirksamer Schutz erreicht wird (Untermaßverbot). BVerfGE 88, 203 (203)BVerfGE 88, 203 (204) Dazu bedarf es eines Schutzkonzepts, das Elemente des präventiven wie des repressiven Schutzes miteinander verbindet.” So the state must take normative and actual measures to effectively prevent abortions. This aspect seems interesting to the current debate because the court acknowledges that the likely effect of state policy must be taklen into account, not just the intention. This also includes the duty of the welfare state must provide assistance to families in need, as I stated earlier, so that no woman should have to contemplate abortion for economic reasons. This commitment to the sanctity of life, or “Lebensschutz”, doesn’t end with birth, as the GOP would have it.

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Tm 10.01.20 at 10:45 am

Gorgo 36: Anybody who engages in political agitation must believe that ideas and opinions matter. Marxian historical materialism says that the revolution will inevitably happen when the economic conditions are ripe. If one takes this theory seriously, one must conclude that agitating for revolution is a pointless exercise. But Marxists are just humans. The Russian revolution, in a country where the conditions clearly were not “ripe”, contradicted theory, as contemporary Marxists were very well aware. But Lenin’s apparent success spoke louder than theory.

44

Starry Gordon 10.01.20 at 3:58 pm

Many years ago, in my then slum of residence, I noticed a battered van with bumper stickers, one of which read ‘BOMB IRAN’ and another ‘PROTECT UNBORN BABIES’ or something like that. So I put a note under the windshield wiper of the van that read, ‘What about the unborn baby Iranians?’ A few weeks later I saw the van again and went to the back to see if there was a reply. But the bumper had fallen off. I like to imagine that the van-owner kicked it off in a fit of cognitive dissonance, which is surely a step towards enlightenment.

Actually, I have run into a number of people opposed to abortion who are also pacifists, environmentalists, socialists, vegetarians, animal liberationists, opponents of capital punishment, or adhere to other regular leftie stuff, and see their opposition to abortion as entirely consistent with their other beliefs.

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