Does Cindy Sheehan Have Moral Authority?

by Will Wilkinson on August 23, 2005

No. What she may have is moral standing, analogous to legal standing. Legal standing is, roughly, the right to initiate a law suit. Here are the conditions for legal standing from some random legal web site:

There are three requirements for Article III standing: (1) injury in fact, which means an invasion of a legally protected interest that is (a) concrete and particularized, and (b) actual or imminent, not conjectural or hypothetical; (2) a causal relationship between the injury and the challenged conduct, which means that the injury fairly can be traced to the challenged action of the defendant, and has not resulted from the independent action of some third party not before the court; and (3) a likelihood that the injury will be redressed by a favorable decision, which means that the prospect of obtaining relief from the injury as a result of a favorable ruling is not too speculative.

Now, don’t to be too literal about the legal analogy. Nobody thinks mothers of dead soldiers have a legal case against the President. What is clear is that Sheehan’s son died in a war that is the result of Bush’s executive decisions. How does she do, roughly, on the moral analogues to the conditions for legal standing?

(1) Has Sheehan been injured? I don’t think we can dispute that a mother has a moral interest in the life and well-being of her children. And we cannot dispute that the loss of a son is injurious. But the fact that she has suffered a moral injury does not establish that someone has morally injured her. Which brings us to

(2) The conduct Sheehan has challenged is Bush’s call as Commander and Chief to invade and occupy Iraq. It seems clear that Bush’s commands are a causal factor in the death of her son. But one may fairly argue that the action that ultimately put Casey Sheehan in harms way was his decision to enlist in the military. Casey Sheehan volunteered to occupy a role that involves the risk of death. The fact that Bush called a war, one the indirect effects being that Casey Sheehan died, injuring Cindy Sheehan, is not enough to establish her moral standing in the matter.

This pushes us back to an element of (1). Is Sheehan’s interest in the welfare of her son “morally protected” in a case where her adult child volunteered to expose himself to the risk of death?

My answer is that a volunteer soldier forfeits his morally protected interest to not be exposed to the risk of death through war when he becomes involved in a just war. He suffers no moral injury or injustice if killed in voluntary service in a morally justified war or conflict.

So the issue of Sheehan’s moral standing just is the question of whether the Iraq war is just or unjust. For Bush to recognize that the death of Sheehan’s son grants her special moral standing is to concede that the war is unjust. Which is why it would be politically insane to recognize her in particular, rather than simply sympathizing with the pain, and recognizing the sacrifice of the entire class of people who have lost loved ones in the war.

Now, I do think that the Iraq war is unjust. And I think that soldiers, and by extension their families and friends, who die in unjust wars clearly are the victims of injustice. And political and military leaders who are responsible for putting on unjust wars are the perpetrators of this injustice and so bear some moral culpability for these deaths. Because the Iraq war is not just, Cindy Sheehan’s moral interest in the life of her son, via his own moral interest in his own life, remained morally protected, and so I conclude she does have moral standing. She is fully within her moral rights to demand a justfication and/or an apology from President Bush. I do think it’s important to point out that her injury gives her no special moral authority. It simply gives her justified grounds for demanding some kind of rectification.

  • Will,

    Sorry for the tardy reply. I suppose "necessary" and "unnecessary" is a bit more acceptable to me, but I still have nothing against "unnecessary" wars if the projected costs are outweighed by the projected benefits (and I say that taking all parties into account, in this case Americans, Iraqis, and others who might be affected). After all, one can make a case that American involvement in Europe in WWII was "unnecessary".
  • Notice that she isn't disputing that GWB is the proper Commander-in-Chief but rather that he, in that position, FUBARed the situation.

    When an individual signs up for the military, he indeed forfeits some rights and accept the possibility of being exposed to combat. That's contractual and that's OK.
    What I want to point out here is that in that contract, there are duties for the State also.

    If someone signs-up as a soldier in an army, he does so under the assumption that the State will act in a certain way... i.e. engaging only in just and lawful conflicts, etc.

    A lot of people are accusing GWB of precisely breaking his contractual duty as Commander-in-Chief, in some sense breaking his oath of office.
  • By "in this kind of case" I meant the Sheehan case, not wrongful death cases. My fault for the ambiguity.
  • Dave Jilk
    Wrongful death suits are limited by most states to spouse and minor children, or to parents of minor children who die; and damages are based on loss of future benefits including both earning as well as affection etc. Definitely not symbolic.

    Not the main point of the thread...
  • Will, You're truly a font of legal knowledge!

    By unconstitutional, do you mean if the conflict or military action in which he died was unconstitutional?
  • Gil, I didn't know that. And I do think that changes things.
  • Gil
    Will,

    Did you consider that Casey Sheehan did more than just expose himself to the risk of death in conflicts that the president might engage in in the future.

    He specifically reenlisted after the start of this war.

    So, he viewed this war as just and chose to be a part of it. I don't see how there can be anything left of his mother's moral protection.
  • Will Baude
    For what it is worth, not only does Cindy Sheehan not have a legal claim, but she clearly wouldn't have legal standing even if the killing of her son had been unconstitutional. See Gilmore v. Utah, 429 U.S. 1012, 1016-17.
  • Matt, For the record, I don't think it is obvious or easy to tell whether the present war is just or unjust. That's why I'm not strident about my own view. Clearly, on my analysis, if someone thinks the war is just, Sheehan has a basis for sorrow, but no moral case against the President. For cynics like you . . . do you countenance a distinction between necessary and unnecessary wars?
  • What about those who do think the war was just, like Dan Darling, who has specifically predicated his support for the war on Catholic Just War doctrine and still believes it to have been just? More to the point, what about cynics like me who reject the entire notion that terms like "just" and "unjust" can be meaningfully applied to war?
  • Dave, I meant to more or less dismiss (3), since the analogy is weak. But it is also not that case that civil wrongful death suits, which happen all the time, bring back the dead. In this kind of case, redress simply amount to an admission of injustice, and a symbolic, institutional expression of guilt and regret.
  • Dave Jilk
    But you didn't look at item #3, whether the injury would be redressed by a decision. It's not clear that this part of the analogy works, but clearly any change in Bush's policy would not bring back Sheehan's son, and so the specific injury would not be redressed.
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