Silk on Colo Hospital Case

Over at RNS, Mark Silk takes issue with my point about not rushing to shout "hypocrite" in the Colorado hospital case in which lawyers for a Catholic Hospital argued that a wrongful death suit on behalf of two unborn children was not recognizable at bar because Colorado law does not recognize unborn children as persons. He makes a good point that we who consider ourselves pro-life should be willing to demonstrate our commitment even - I would say especially - when it conflicts with our own material interests. I hope the hospital made a good faith offer to settle the suit to the bereaved father. But, my point was not that lawyers are permitted to make the best legal argument available, even if that argument makes their client look hypocritical. But, this was not an extravagant, creative legal argument that was put forward. The lawyers simply stated the legal facts before the court. I still don't think the hypocrisy charge applies in this case.

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