Topic: Law and Civil Liberties

Post Script to Reason Letter; Non-Coercive Alternatives to Prohibiting Abortion

I have four acquaintances raising grandchildren as if they were their own.

Some charities will pay a woman’s medical costs if covering such expenses will help her decide to carry the baby to term.

From a libertarian perspective, individuals or charities paying a woman beyond her medical expenses should also be a viable solution. Remuneration would be for the woman’s time and physical effort (labor), not a “purchase price” for the child. The arrangement could stipulate, as surrogate motherhood contracts usually do, that payment is contingent on her putting the child up for adoption.

WHTI Should Go

Rep. Bart Stupak (D-MI) has had the good sense to introduce a bill to repeal the Western Hemisphere Travel Initiative.

WHTI is a classic self-injurious overreaction to the threat of terrorism. The reductions in lawful trade and travel produced by WHTI and the direct costs of the program are greater than the damage to the country that would be averted by this readily defeated “security” measure.

What about Fetal Rights?

In response to my letter on abortion recently published in Reason Magazine, several people have asked me, “What about fetal rights?” I addressed that issue in my original letter but it was edited out. Below is the letter I submitted with the portions that were deleted in bold.

Libertarian and Mother of Four

As a libertarian and a mother of four, I take issue with Radley Balko’s characterization of the abortion debate in “Getting Beyond Roe” (Aug/Sep) as being about “setting community standards” and that issues such as abortion “are best dealt with in those diverse laboratories of democracy, the states.” Abortion should no more be a question for local politics than slavery.

Community standards are the greatest threat to individual liberty there is. They have led to witch trials, kangaroo courts, censorship and egregious takings through eminent domain. And now Balko would like to let them decide the reproductive fate of women. Our country is not a democracy, not even a federalist democracy, but a constitutional republic — a country in which the Constitution protects individuals against majoritarian trespass. As far as individual rights are concerned, the Constitution is useless if it can’t protect one portion of the population from being forced into involuntary servitude by another, no matter at what level of government the enslavement takes place.

The right to have an abortion per se is not the issue, but the right to self-determination, the right not to be used as a means to an end against one’s will, the right not to be considered a communal resource — in short, the right for women to have the same control over their own bodies and their own fates as men.

Perhaps Roe was decided wrongly, not because it nationalized a right to abortion, but because it was decided in reliance on the wrong precedents. The 13th Amendment is more germane to the abortion debate than the Griswold v. Conn. line of cases and their amorphous right to privacy. Blackmun, in Roe, showed sympathy for the plight of women but also a profound paternalistic disrespect for those very people he was trying to help. To hinge the right of women to control their own bodies on privacy instead of every individual’s right, whether male or female, not to be treated as a public resource indicates a fundamental misunderstanding of what is at stake.

I believe abortion is morally wrong, but I also believe that in a conflict between mother and fetus, a woman’s right must always take precedence. A human being’s rights under the law increase with maturity. That has been the tradition under Anglo-American law as well as world wide for most of history. To suggest that a fetus has the same rights as a mature adult individual borders on the perverse. A woman’s rights should never be placed second to the needs of her fetus. To do so is to treat women first and foremost as communally owned vessels for bringing forth life and only second as autonomous individuals.

For those, like myself, who believe abortion is fraught with moral difficulties, the correct course of action is to teach, communicate, and discuss the importance of valuing human life with our daughters, our female neighbors and our friends. We must help them come to the correct conclusion based on good clear reasoning and the strength of our convictions. To force a woman to carry a pregnancy to term and give birth unwillingly is involuntary servitude, no matter what the rationale. Pregnancy and birth are the most dangerous work most women will ever do. To deprive them of medically feasible means for escaping those dangers, let alone planning their lives, is to treat women with the greatest disrespect.

There is no question that decisions about abortion are horrendously difficult, but just because a decision is difficult doesn’t mean women aren’t fit to make them. Life entails many difficult decisions, often involving life and death. Men make decisions about how to protect their families and their way of life; unfortunately sometimes those decisions involve going to war. Women, like men, make decisions about what is best for their families and their way of life; unfortunately sometimes such decisions involve abortions. Fetuses are potential children, not full grown adults, and women are full grown adults, not children. It is time we start treating each with the respect and dignity they deserve.

Anti-Immigrant Opinions are Weakly Held II

[Here’s Anti-Immigrant Opinions are Weakly Held I.]

In his book The Rise and Fall of the Great Powers: Economic Change and Military Conflict from 1500 to 2000 Yale history professor Paul Kennedy makes the case that, historically, great powers have risen to a point where they have become overextended because of their imperial commitments and the expenditures needed to defend them, at which point they have collapsed.

I was reminded of this when I saw the television ad Rep. Tom Tancredo is running in Iowa. (It’s getting much more play in the blogosphere than he could ever afford to buy.)

By equating immigrants to terrorists, this leader of the anti-immigrant right is shedding credibility - the coin of the political realm - at a furious pace. His argument just doesn’t square with the real world or the common sense judgments good American people make for themselves.

Anti-immigrant opinions have reached their apex. The cartoonish quality of Tancredo’s hysteria-mongering presages the fall. See for yourself.

Spitzer Gives Up, Will Start Over Later

The New York Times reports today that New York Governor Eliot Spitzer (D) has dropped his plan to issue licenses without regard to immigration status.

His original, correct decision to break the tie between driver licensing and immigration status met with hails of derision from anti-immigrant groups and his political opponents. He attempted to quell the outrage by agreeing to sign New York up for the federal government’s “REAL ID” national ID system, but this did not please anyone. So now he’s back at square one.

He said the state would put on hold the plan to adopt the Real ID, which has been championed by the Bush administration. The governor said he wanted to wait until federal regulations for Real ID licenses were issued next year before deciding how to proceed.

Now that he’s - ahem - studied the issues, one hopes he’ll recognize that REAL ID is costly, privacy-invasive, and ineffective, and he’ll decline to involve his state in the national ID program.

First Thing We Do, Let’s Kill All the Lawyers

Scholars argue about what Shakespeare’s famous line in Henry VI really means, but I prefer to think that the wise playwright understood that law is a protection for the people and a constraint on rapacious rulers. Which brings us to the situation in Pakistan, where President/General Musharraf must be contemplating Shakespeare’s proposition. The glamorous Benazir Bhutto gets the headlines, but the real conflict is between Musharraf and the judges and lawyers who uphold the rule of law.

The latest crisis began last March, when Musharraf suspended Supreme Court Chief Justice Iftikhar Chaudhry. The rest of the Supreme Court then reinstated the chief justice. After questions arose about the legitimacy of Musharraf’s reelection, the general suspended the constitution and brought lawyers into the streets.

Lawyers. In the streets. In suits, as a Washington Post essayist noted. It’s not the usual image of a revolution. The people leading the rebellion against Musharraf’s undemocratic rule are not embattled farmers, or sans-culottes, or proletarian mobs, or even Buddhist monks. They’re lawyers, people normally committed to quiet meetings, legal briefs, formal argument, and decisionmaking processes both judicial and judicious.

But as Husain Haqqani, a former adviser to three Pakistani prime ministers, wrote in the Wall Street Journal:

Pakistan’s burgeoning civil society, led by lawyers and encouraged by judges ousted from the Supreme Court, is refusing to be cowed. Protests are spreading despite thousands of arrests and the use of tear gas and batons against peaceful demonstrators. More than 1,700 attorneys have been jailed but still more are taking to the streets. University students have joined the lawyers, and former Prime Minister Benazir Bhutto has vowed to violate a ban on public meetings by leading a rally on Friday.

There are a number of important reasons why Pakistan’s attorneys are leading the protests against Mr. Musharraf. They have a long tradition of activism for rule of law and human-rights issues. In 1968-69, the lawyers started the campaign that resulted in the ouster of Pakistan’s first military ruler, Field Marshal Ayub Khan. They also were at the forefront of the campaign against Mr. Zia-ul-Haq, whose 11-year military rule ended when he died in a 1988 plane crash.

The sympathies of Americans should be with the Pakistani people and the rule of law, not with any political player in the current struggle. It is not for the United States government to pick winners in Pakistan, but we should free ourselves of the belief that Musharraf is the only force capable of opposing radical Islamic terrorism in the country. Chief Justice Chaudhry, in Haqqani’s words, “has become a symbol of resistance to arbitrary rule — the man who refused to roll over and disappear, unlike earlier judges who cooperated with military rulers or simply went home when their conscience dictated otherwise.” He may one day be seen as the Joan of Arc or the George Washington of his country’s revival.

Haqqani writes, “Mr. Musharraf seems determined to put his own political survival before the rule of law — actions that warrant the label dictator. Pakistan’s attorneys, and increasingly the rest of its citizenry, seem equally determined to prevent this from happening.” Americans should wish them well.

Identity Systems Aren’t Good Security, and Other Lessons From the Chicago Airport Fake ID Story

AFP is reporting that more than a hundred people with false identification documents were given employee security passes to Chicago’s O’Hare airport.

This is a good opportunity to compare conventional wisdom to actual security wisdom.

CW: This was a breach of the airport’s security system.
W: This was definitely a breach of the airport’s identity system, but identity systems provide very little security. The airport’s security, already weak if it relied on workers’ identities, was little changed.

CW: “ ‘If we are to ensure public safety, we must know who has access to the secure areas of airports,’ said Patrick Fitzgerald, US attorney for the northern district of Illinois.”
W: Public safety can’t be ensured by knowing who has access to the secure areas of airports. Knowing who has access may protect against ordinary threats like theft, but not against the threats to aviation that we care about.

CW: “A fundamental component of airport safety is preventing the use of false identification badges and punishing those who commit or enable such violations.”
W: Preventing the use of false identification is a trivial component of airport safety. It’s a fundamental component of airport safety programs, which are mostly for show. Security expert Bruce Schneier calls them “security theater.”

CW: “Unauthorized workers employed at sensitive facilities such as airports, nuclear power plants, chemical plants, military bases, defense facilities and seaports pose a vulnerability which compromises the integrity of those key assets,’ US Immigration and Customs Enforcement said in a statement.”
W: Authorized workers employed at sensitive facilities pose a vulnerability which compromises the integrity of those very same assets. If you want to prevent some kind of harm, you must make that harm difficult to cause, regardless of who may try.

Security is not easy.