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January 21, 2011

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Eric Muller

Dan, I see Santorum's point. Really. I don't think there's anything particularly surprising or inappropriate about noting that at one time judges defined blacks not to be constitutional "persons" and today judges define fetuses not to be constitutional "persons."

Similarly, I don't think I'm out of bounds when I feel astonishment upon hearing a Jew (given our painful history) defend the racial/religious profiling of Arabs and Muslims.

None of this is to say that I agree on the merits with Santorum's underlying substantive point, which is that the Constitution mandates the same conclusion about the "person-ness" of fetuses as it does about the "person-ness" of African Americans. The two groups can (to my eye obviously) be distinguished for these purposes in a host of meaningful ways.

It's just to say that I don't think there's anything outrageous, or racist, about the expectation that black Americans would be more sensitive to the historical overtones of defining living things as not "persons" than white Americans would be.

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Education is a progressive discovery of our own ignorance.

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