Two Thoughts on Susan G. Komen & Planned Parenthood
I’m sure that many of you are following the controversy over the Susan G. Komen for the Cure Foundation’s decision to suspend its partnership with and funding of Planned Parenthood. Two thoughts on this:
First, this controversy provides a delightful contrast to the Obama administration’s decision to force all Americans to purchase contraceptives and subsidize abortions.
The Susan G. Komen Foundation chose to stop providing grants to Planned Parenthood. Lots of people didn’t like (and/or don’t believe) Komen’s reasons. Some declared they would stop giving to Komen. Others approved of Komen’s decision and started giving to Komen. Many declared they would start donating to Planned Parenthood to show their disapproval of Komen’s decision.
Notice what didn’t happen. Nobody forced anybody to do anything that violated their conscience. People who don’t like Planned Parenthood’s mission can now support Komen without any misgivings. People who like Planned Parenthood’s mission can still support it, and can support other organizations that fight breast cancer. The whole episode may end up being a boon for both sides, if total contributions to the two organizations are any measure. Such are the blessings of liberty.
Contrast that to Obamacare, which forces people who don’t like Planned Parenthood’s mission to support it.
‘We’re All In This Together’
Today POLITICO Arena asks:
Given that Planned Parenthood’s online donations have shot up over the last two months, is Mike Pence (R-Ind.) correct to say it could — and should — operate without taxpayer funds?
My response:
Given that many Americans believe that abortion is murder, of course Planned Parenthood, the nation’s leading abortion provider, should not be publicly funded. (And please don’t say that no taxpayer funds go for abortions: money is fungible.)
Democrats think that almost everything should be publicly funded – education, health care, retirement, the arts. What’s next? News? Entertainment? Oh, I forgot: NPR and PBS. But only that programming that meets their exacting standards. FOX News? Faget about it! Where you from? Kansas? And they wonder why there’s a Tea Party.
Abortion Is Only the Tip of the Iceberg
Today POLITICO Arena asks:
Given the push by Rep. Mike Pence (R-Ind.) to deny all federal funding to Planned Parenthood, are we seeing the revival of abortion as a major fault line in American politics?
My response:
Opponents of the push to deny federal funding to Planned Parenthood and other abortion providers will try to inflame the debate by characterizing the push as an attack on the Supreme Court’s discovery of a right to abortion. But the issue goes much deeper and is perfectly generalizable: it’s a push to get government out of one more controversial area of life.
Most modern liberals fail to grasp — or ignore — a fundamental principle of political theory, namely, that the more we do collectively, the more liberty is restricted and passions are inflamed. That’s why classical liberals asked government to provide only “public goods” like national defense, law enforcement, and clean air. Abortions are private goods (for some). Under current law, women are free to seek them from willing providers. And others are free to assist those who cannot afford an abortion. But no one should be compelled to provide or pay for another’s abortion. It’s a matter, quite simply, of freedom.
Who Will Replace Justice Souter?
You could call it the end of an error. David Souter, the “stealth justice” who George H. W. Bush nominated mainly to avoid a confirmation battle and who so disappointed conservatives, is finally free to leave a city he never took to and return to his native New Hampshire.
Little more can be said about Justice Souter. He has always been inscrutable, at first leaning right, shifting toward the middle in the landmark 1992 cases of Planned Parenthood v. Casey (abortion) and Lee v. Weisman (prayer at high school graduation), and ending up at the left end of the Court alongside Justices Stevens, Ginsburg, and Breyer — all the while employing an unpredictable jurisprudential method. And he has always been reclusive, refusing reporters’ and scholars’ interview requests and being the biggest opponent of video cameras inside the Court. Perhaps most memorably, Souter gained notoriety after his vote in Kelo v. New London (allowing the taking of a private home for the benefit of a developer) spurred property rights activists to petition for the use of eminent domain to turn his farm into the “Lost Liberty Hotel.”
Speculation now turns to possible replacements, and what President Obama will do with his first chance to fill a seat on the high court. Will he risk a big political battle on this issue so early in his term, or will he appoint someone more confirmable but less pleasing to his base?
He is under great pressure to appoint a woman, and the three leading female candidates are new Solicitor General Elena Kagan, Second Circuit Judge Sonia Sotomayor, and Seventh Circuit Judge Diane Wood. Kagan would be an almost-certain pick a year from now, but having been just confirmed to be the so-called Tenth Justice, she might be seen as too green for elevation. Sotomayor — because she is Hispanic and despite a mixed judicial record — was the odds-on favorite until the Court took up the employment discrimination case of Ricci v. DeStefano (argued just last week), an appeal of a bizarre opinion Sotomayor joined that denied the claims of firefighters who had been passed over for promotion because of their race. That leaves Wood, a renowned authority on antitrust, international trade, and federal civil procedure, whose age (58) suggests that this is likely the last vacancy for which she will be considered. Wood offers a seriousness of purpose and no ideological ax to grind, and is thus the best nominee supporters of constitutionalism and the rule of law can hope for at this time. (Full disclosure: I took two classes from Judge Wood in law school.)

