That is the title of the latest essay by the inestimable Hadley Arkes at The Catholic Thing. As Peter Wehner points out at National Review Online, the federal Born-Alive Infant Protection Act is the brain-child of Professor Arkes. You can read about the Act and its history in Professor Arkes' wonderful book, Natural Rights and the Right to Choose (Cambridge University Press, 2002). Here are some excerpts from The Catholic Thing piece:
On the matter of when human life began, [Obama] said, that “whether you’re looking at it from a theological perspective or a scientific perspective, answering that question with specificity … is above my pay grade.” In the hands of Obama the meaning of “moral” is recast: What does it mean to say that this is a “moral” question and yet it must depend on judgments that are wholly subjective and personal, and which cannot be judged as true or false? For Obama, a “moral” question is one for which reason can supply no judgment, and the judgment may turn finally turn on nothing more than self-interest.
The question of global warming is a tangled, scientific question, generating serious controversy, and yet Obama has never confessed any disability that prevents him from consulting the testimony, the presentations of evidence, and trying to form a judgment. What prevents him then from consulting the textbooks of embryology or obstetric gynecology, or asking anyone who knows, in an effort to inform his judgment? The textbooks will tell him of course that human life begins with the merger of male and female gametes to form a zygote, a unique being with a genetic definition quite different from that of either parent. If that is too much to absorb, he may retreat to the point readily understood even by people without a college education: A pregnancy test is a sufficient and telling sign that new life is present and growing. We know now that this life does not undergo any change of species from its beginning to its end. Conceived by humans, it cannot be anything other than a human life. And if there was nothing there alive and growing, an abortion would no more be indicated or relevant than a tonsillectomy.