Abortion & the Senate Healthcare Bill – a prudential judgment
JB on March 21, 2010 in Uncategorized | No Comments »Prudential judgment is also needed in applying moral principles to specific policy choices in areas such as the war in Iraq, housing, health care, immigration, and others. This does not mean that all choices are equally valid, or that our guidance and that of other Church leaders is just another political opinion or policy preference among many others. Rather, we urge Catholics to listen carefully to the Church’s teachers when we apply Catholic social teaching to specific proposals and situations. The judgments and recommendations that we make as bishops on specific issues do not carry the same moral authority as statements of universal moral teachings.
Nevertheless, the Church’s guidance on these matters is an essential resource for Catholics as they determine whether their own moral judgments are consistent with the Gospel and with Catholic teaching.
Forming Consciences for Faithful Citizenship: A Call to Political Responsibility from the Catholic Bishops of the United States
Regarding the matter of abortion and the Senate Healthcare bill, the following exchanges between contributors to First Things and Vox Nova are instructive.
In the first instance, consider the role of prudential judgment in the context of the war in Iraq:
Aphorisms, Sartre, Bishops, and Prudential Judgment by Richard John Neuhaus (2007)
Neuhaus Annoys Again at Vox Nova (2007)
In the next, see how it plays into the debate surrounding abortion and the Senate Healthcare Bill:
The Captivity Of ‘Catholic’ Witness by Charles J. Chaput
Chaput is Right, Chaput is Wrong at Vox Nova
An important take-away from these types of debates is that there is an important distinction to be drawn between moral judgments and prudential judgments. Equally significant, our Church leaders deserve deference — not just regarding moral judgments, but — when they share their prudential judgment. This is to affirm that their teachings and recommendations are an indispensable resource for the faithful even regarding empirical and practical matters that are essentially strategic and political and not otherwise solely moral in nature.
All of the above considered, then, real questions are left begging by the Archbishop of Denver, Charles J. Chaput, as he writes:
Groups, trade associations and publications describing themselves as “Catholic” or “prolife” that endorse the Senate version – whatever their intentions – are doing a serious disservice to the nation and to the Church, undermining the witness of the Catholic community; and ensuring the failure of genuine, ethical health-care reform. By their public actions, they create confusion at exactly the moment Catholics need to think clearly about the remaining issues in the health-care debate. They also provide the illusion of moral cover for an unethical piece of legislation.
How broadly or how narrowly should we conceive this referent: “the witness of the Catholic community”?
Does the phrase “whatever their intentions” refer to empirical findings, practical determinations, strategic considerations, political opinions, legislative rubrics, legal interpretations, technical matters and policy preferences? all which can differ even among those who otherwise agree, in every respect, regarding the moral realities?
In other words, when it comes to the “Senate version,” are the prudential judgments and policy recommendations of the United States Conference of Catholic Bishops the sole witness of the Catholic Community?
Why should the USCCB’s prudential judgment not be placed in dialogue with:
1 ) the Editors of Commonweal, who write: In fact, the longer one looks at the Stupak Amendment and the Senate compromise, the less different they seem. Insofar as there is a difference, the Stupak Amendment may be better—it’s certainly clearer and simpler. But the difference is technical, not moral. It should not keep Catholics who are both prolife and pro-reform from supporting this important legislation.
2 ) the Editors of the National Catholic Reporter, who recognize: In any event, what is being debated is not the morality of abortion but the politics of abortion, and there is plenty of room for honest and respectful disagreement among Catholics about politics.
3 ) Fr. Robert Imbelli, who says: It might be of help, then, if all sides were to acknowledge the fallibility of their prudential judgment, and that it is entered upon with a certain salutary “fear and trembling,” since so much is at stake.
4 ) Matthew Boudway, who directs us to Timothy Stoltzfus Jost’s dialogue with the USCCB: Jost’s response is a model of courtesy, scruple, and analytical sobriety. He looks at every feverish speculation advanced by prolife opponents of the Senate bill and heads it off at the pass. He offers the economic and historical context without which it is impossible to understand what’s really at stake. He offers good prolife reasons to support the Senate bill (now the only bill worth talking about).
5 ) NETWORK, A National Catholic Social Justice Lobby, which released the text of a letter to Congress supporting healthcare legislation from organizations and communities representing tens of thousands of Catholic Sisters and asserted that the Senate bill will not provide taxpayer funding for elective abortions.
6 ) the Catholic Health Association of the United States, which emphasizes that the CHA has a major concern on life issues: We said there could not be any federal funding for abortions and there had to be strong funding for maternity care, especially for vulnerable women. The bill now being considered allows people buying insurance through an exchange to use federal dollars in the form of tax credits and their own dollars to buy a policy that covers their health care. If they choose a policy with abortion coverage, then they must write a separate personal check for the cost of that coverage.
7 ) David Gibson, who represents: A close reading of the two bills, however, informed by analyses from a range of experts, reveals that the pro-life claims about the Senate bill and its abortion financing provisions are, in fact, mistaken. Indeed, the Senate bill is in some respects arguably stronger in barring abortion financing and in promoting abortion reduction.
8 ) Retired Bishop John E. McCarthy, who told The Associated Press on Wednesday that he is as opposed to abortion as every other bishop and that the bill before Congress would guard against the use of taxpayer funds to pay for it.
9 ) Fr. Thomas Reese, who points out: The disagreement is not over the morality of abortion or federal funding for abortion. The disagreement is over the meaning of the legislative language dealing with health insurance exchanges and community health clinics in the Senate bill. Catholic social teaching has always acknowledged that on the application of principles, Catholics can disagree even if adherence to the principles must be unbending. The area of disagreement in this case is not over principle but over the interpretation of legal language. Neither the sisters nor the bishops have any special charism when it comes to interpreting legislative language or predicting how legislation will be interpreted by the courts.
10 ) Bishop of Sioux City, R. Walker Nickless, who wrote regarding healthcare: But how to do this is not self-evident. The decisions that we must collectively make about how to administer health care therefore fall under “prudential judgment.”
When Archbishop Chaput suggests that people who claim to be Catholic and then publicly undercut the teaching and leadership of their bishops spread confusion, cause grave damage to the believing community and give the illusion of moral cover to a version of health care “reform” that is not simply bad, but dangerous …
certainly he does not refer to those who disagree with the bishops’ conference on substantive prudential grounds?
Certainly, he refers only to those who thoughtlessly disregard or cursorily dismiss the teachings and recommendations of the bishops, or worse, who engage others intemperately or uncivilly or, perhaps saddest of all, who most blatantly undercut their prudential competence, for example, like the late Fr. John Neuhaus, who wrote: While individual bishops may be prudentially gifted or challenged, problems are multiplied when prudential judgments issue from the bureaucratic sausage-grinder of the bishops’ conference.
Fr. Neuhaus, in First Things, continued:
And, of course, the sex abuse crisis that broke open in January 2002 took its toll on the bishops’ credibility and self-confidence in issuing pronunciamentos on subjects beyond their self-evident competence. Catholics and others adopted a large and understandable measure of skepticism about what bishops had to say. If they had so gravely bungled the tasks that are unquestionably theirs—to teach, sanctify, and govern—why should people pay attention to what they say about matters beyond their ostensible competence? This is not to question but, on the contrary, to underscore episcopal competence on matters of faith and morals.
On most questions of domestic and foreign policy, it only compounds the problem to declare that they are “moral questions” and are therefore encompassed within episcopal charism and competence. Such overreach only invites critics to claim, putting it bluntly, that the bishops don’t know what they are talking about, or at least don’t know any more than is known by the well-informed citizen. Archbishop Dolan noted that, in recent years, the bishops in the conference have learned this lesson and have been focusing their attention ad intra rather than ad extra, concentrating on matters clearly within their competence and authority as teachers of the Church.
When all the political dust settles and rhetorical heat cools, there will be plenty of opportunity to conduct a post mortem on who was undercut by whom and how and who was ineffective because of self-defeating tactics.
The witness of the Catholic Community, broadly conceived, will remain vibrant and effective. Sure, there will often be those isolated individuals who do disservice to nation and Church, but the overall tone and tenor and substance of our Catholic Community’s contributions to the latest healthcare deliberations, which are evidenced in the points and counterpoints below and the discussions referenced hereinabove, in my view, are a reality worth celebrating. I am grateful to our bishops’ conference and to our various pro-life Catholic groups, trade associations and publications for their contributions in the public square.
POINT
USCCB Health Care Reform website
U.S. Bishops Provide Resources Explaining Flaws in Senate Health Care Bill
Bishops to House of Representatives: Fix Flaws or Vote No on Health Reform Bill
United States Conference of Catholic Bishops Letter to House Members on Health Care legislation
Health Care Reform and the Pro-Life Agenda, by Richard Doerflinger
Health Care Reform and the Pro-Life Agenda 2, by Richard Doerflinger
Issues of Life and Conscience in Health Care Reform: A Comparison of the House and Senate Bills
COUNTERPOINT
Nuns: Vote for health bill would be ‘life-affirming’
Prolife, Yes, & Pro-reform a Commonweal Editorial
Editorial: National Catholic Reporter backs health bill
Timothy Stoltzfus Jost of Washington and Lee law school
The House Health Reform Bill: An Abortion Funding Ban And Other Late Changes
WHAT’S WRONG WITH THE SENATE HEALTH CARE BILL ON ABORTION? A response to Professor Jost from the USCCB
Timothy Stoltzfus Jost of Washington and Lee law school – Response to Bishops
Two Catholic, pro-life supporters back Senate bill
The Senate Bill Funds Abortions? Nope, and It’s More Pro-Life Than the House Version by David Gibson
Abortion Language in Health Bill Pits Catholic Against Catholic By David Gibson
Pro-life Rep. Perriello Says Abortion Concerns Eased, May Back Health Bill By David Gibson
Bishops Oppose Health Bill, Still Claiming It Could Fund Abortions By David Gibson
The Devil in the Details by Robert P. Imbelli
“Crying Wolf” by Mollie Wilson O’Reilly
Jost answers the USCCB’s prolife office by Matthew Boudway
Pro-life Rep. Tom Perriello backs Senate bill’s abortion safeguards by David Gibson
The USCCB’s ‘worst case scenarioism’ by Grant Gallicho
The problem with last-minute legislation by Matthew Boudway
Fear, Trembling, and Trepidation by Robert P. Imbelli
“False claims” by Mollie Wilson O’Reilly
Catholic Nuns Support House Passage of HCR by Eduardo Peñalver
Catholic Health Association Prez: ‘The Time Is Now for Health Reform.’ by Grant Gallicho
Does the Senate bill fund abortion? by Matthew Boudway
Below is my response to The Captivity Of ‘Catholic’ Witness by Charles J. Chaput:
Some here have already drawn the relevant distinction between moral and prudential judgments. And while the prudential judgments and recommendations of a bishops’ conference do not carry the same moral authority as their statements of universal moral teachings, still, as a Catholic, I very seriously consider those judgments and recommendations in my own deliberations. That is to say that I believe that the teachings and recommendations of our bishops are an indispensable resource for the faithful, even regarding empirical and practical matters that are essentially strategic and political and not otherwise solely moral in nature. Furthermore, our bishops deserve respect and deference, even on such prudential matters, and should not be undercut by incivility and intemperate speech.
I have to agree with Archbishop Chaput that attack-ads against Congressman Bart Stupack and E. J. Dionne’s hypothetical sanctioning of moral opprobrium against the bishops are examples of the worst side of Catholic witness. Some might recall the following lament regarding certain alleged past failures of the bishops to distinguish between moral and practical matters, a conflation once described here on FT as overreach: “While individual bishops may be prudentially gifted or challenged, problems are multiplied when prudential judgments issue from the bureaucratic sausage-grinder of the bishops’ conference.” That rhetorical heat, from the late Fr. John Neuhaus, was another sad example of the worst side of Catholic witness as he, too, publicly undercut the teaching and leadership of the bishops on prudential matters. In the same vein, other forms of ad hominems and innuendo (including the overuse of ‘apostrophes’ and italics and quotations – e.g. ‘Catholics’ – to characterize others as so-called or quasi and any overuse of the word alibi in characterizing others’ motives in one’s writings) also contribute to the worst side of Catholic witness. Who hasn’t thus lapsed? On the other hand, such lapses become defining moments if followed by enough reinforcing moments as isolated excusable events become unacceptable patterns.
All that said, ad hominems and tu quoques aside, I don’t consider polite public disagreement with the bishops on prudential matters to be an undercutting of their teachings and recommendations. I’m sure Archibishop Chaput is not suggesting THAT!
Accordingly, I respectfully disagree with the bishops’ conference regarding their empirical and practical assessment of the Senate healthcare bill vis a vis abortion funding. Timothy Stoltzfus Jost, a host of historically pro-life House & Senate members, Retired Bishop John E. McCarthy, the Catholic Health Association and many others, in my view, make a much more compelling case regarding the pertinent facts and interpretations of the proposed legislation than Richard Doerflinger, just for example. No need to rehash them here.























