Giuliani's Abortion Muddle

American history has tested these arguments. In debating the Missouri Compromise, Sen. Stephen Douglas said of slavery: "I am now speaking of rights under the Constitution and not of moral or religious rights. I do not discuss the morals of the people of Missouri, but let them settle that matter for themselves." Abraham Lincoln differed: If faith and conscience tell us that enslaved Americans are men and brothers, then slavery must eventually be ended. Passing the 13th Amendment was not "imposing" our moral views on slaveholders; it was upholding the meaning of law and justice.

Giuliani's doctrine of individual sovereignty goes much further than did Douglas, logically preventing even states from restricting abortion. And this raises a question about Giuliani's view of the law itself: Can it be a right to violate the basic rights of others? Given American opinion, progress toward the protection of unborn life is likely to be incremental and partial. It would be foolish to prosecute women who have abortions -- and the law struck down in Roe v. Wade did nothing of the kind. But recognizing these limits and realities is different from asserting that the law should have nothing to do with the defense of the weak.

A number of pro-choice positions can be held consistently. It is possible to believe that human worth develops gradually and that the early fetus is merely a clump of cells. It is possible to accept professor Peter Singer's teaching that human worth arrives only with self-conscious rationality, opening up disturbing new possibilities of infanticide.

But Giuliani has chosen an option that is not an option -- a belief that unborn life deserves our sympathy but does not deserve rights or justice. This view is likely to dog him in the primary process, not only because it is pro-choice but because it is incoherent.