Rad Geek People's Daily

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Posts filed under Abortion

Gosh that’s tough

In a footnote on a generally appalling post, devoted entirely to abusing anyone who might have the temerity to hold the doing-worse-than-nothing Democratic Congressional majority in general — or Nancy Pelosi in particular — to account on matters of principle (a post which makes itself completely impossible to reply to with anything other than more abuse and facile sarcasm, because the post does not, at any point, identify any particular person or action that is being targeted, and so offers no basis for serious discussion), Anthony McCarthy has this to add:

Volunteering in a political campaign, seeing what they go through, I'm sick and tired of hearing people run down our [sic] politicians. They are just about all dedicated to pubic service. Few moderate to liberal Democrats serving in elective office at the national level couldn't be enjoying a much more comfortable and profitable life pursuing a wealth-making career. With considerably fewer headaches. You think it's such a bed of roses, try getting yourself elected. Try dodging the bullets and balancing the pressure groups.

It must be so hard on them.

Speaker of the House Nancy Pelosi is out there trying to dodge metaphorical bullets. If she doesn’t make it past those metaphorical bullets, then, sometime in early 2009, she’ll be demoted to a mere Representative, or might even have to look for a new well-paying white-collar job. Meanwhile, near Mosul, a woman and a child failed to dodge some actual bullets, when U.S. soldiers opened fire on their car.

They died.

BAGHDAD (Reuters) – A woman, a child and two gunmen were killed by U.S. forces conducting a military operation targeting al Qaeda in northern Iraq, the military said on Sunday.

It said U.S. forces fired on a car carrying suspected militants that refused to stop near the northern city of Mosul on Saturday.

… Iraqi and U.S. troops launched a major offensive in northern Iraq on Saturday against al Qaeda militants in the region.

— Dean Yates and Sami Aboudi, Reuters (2008-05-11): Two civilians killed in U.S. operation in N.Iraq

Those non-metaphorical bullets were paid for by the United States government. The reason that they keep getting paid for is that Speaker of the House Nancy Pelosi keeps on voting for the government to keep paying for it, and has used her considerable power and influence, both under parliamentary rules and through back-room party politics, to make sure that her fellow Democrats in Congress also go on voting to keep paying for it. (She is about to do her damnedest, along with her other political cronies, to do this yet again, and is trying to figure out how to ramrod the bill through Congress as quickly as possible.)

This war would be over if Pelosi didn’t choose to spend the past year and a half safeguarding her political career at the cost of perpetuating a murderous and disastrous occupation, which she herself recognizes as a bloody failure. The reason for this disgusting policy, forcing me and millions of other antiwar Americans to pay hundreds of billions of dollars over this past year and a half, for a war now almost universally recognized as a catastrophic mistake and an unrelenting failure, is that doing anything different is widely thought, among Democratic power-brokers like Pelosi, to be political suicide. (That’s the melodramatic metaphor that politicians and their enablers like to use to describe an act that will probably cause you to lose some measure of political power that you’d otherwise have some hope of seizing and holding onto. Thus it is endlessly used to justify, or excuse, politicians who sacrifice the very things that they supposedly wanted the power in order to achieve for the sake of the power itself. Thus, by rhetorically equating a hold on political power with life itself, power is treated as if it were an end-in-itself rather than what it is, a mere means to further ends, which are always more important.)

Let me tell you a story about something that happened less than 40 years ago. On April 9, 1970, the New York Assembly passed a new abortion law, which repealed almost all government restrictions on a woman’s right to choose abortion. The vote was extremely close. In fact, it was so close that the final round of floor voting resulted in a 74-to-74 tie. Without a tie-breaking vote, the repeal bill would be defeated, and the New York state government would go on coercing women in the name of forced pregnancy. But just before the clerk could declare the bill officially defeated, an upstate Assemblyman named George M. Michaels got up and took the microphone. He was a Democrat representing a conservative district, and while he was personally pro-choice, he knew that most of his constituents were anti-abortion, and would be outraged by a vote for the abortion bill. Here is what he did.

George Michaels (voice shaking): I fully appreciate that this is the termination of my political career…. But Mr Speaker, what’s the use of getting elected, or re-elected, if you don’t stand for something? … I therefore request you, Mr. Speaker, to change my negative vote to an affirmative vote.

So the bill passed. Abortion was completely decriminalized. But Michaels was right: it was the termination of his political career. He was running for re-election that year, and within weeks of the vote his political party formally announced that they were abandoning him. Two months later, Michaels was defeated in the Democratic Party primary. George Michaels’s political career was over. But abortion is still legal in the state of New York.

It’s one of the most admirable and important things an elected politician has ever done in the United States. And it was a deliberate act of political suicide.

Those who would never think of doing something like that, who dismiss the very idea of political suicide out of hand, with a shudder or a sneer, and who make self-pitying pleas about how much it would cost them to take some kind of stand — which is to say, sanctimonious excuses for clinging to power, no matter how much they sacrifice and betray in order to keep it — are worth less than nothing as political allies.

Further reading:

In which I fail to be reassured

The other day, I posted some remarks on why the Freedom Train metaphor bugs me, and why I think that market anarchists should generally think about aligning themselves with, you know, anarchist organizations, rather than minarchist efforts like the Libertarian Party and Chairman Ron’s Great Libertarian Electoral Revolution. Brian Doherty kindly took notice of my post over at Hit and Run. Like most posts at Hit and Run, it provoked a lot of comments, mostly from the usual suspects, and mostly not going much of anywhere productive. (Several minarchist commenters apparently didn’t bother to read the post, as they would rather spend their time rehashing the minarchist-anarchist debate from the get-go. Did you know that anarchy might work on the small scale, but will never work in a big, industrialized society? Or that anarchy will never work in practice because people will have to recreate the State to keep the Mafia from running everything? Man, I never heard that stuff before. Sign me up for some of that limited government!)

However, there are a few that are worth some remark.

NoStar offers the following encouraging thought on anarchist-minarchist unity:

How about we both fight and defeat them before we then turn and fight each other.

Think of Mao’s communists and Chang Kai-Chek’s nationalists combining to fight the Japanese.

Once the common foe is gone, we can nitpick the details.

— NoStar, 25 January 2008, 8:35pm

Call me a nattering nabob of negativism, but somehow I fail to be entirely reassured by the thought of being Chiang Kai-shek to the minarchists’ Mao Zedong. Or, for that matter, vice versa.

Moderate or pragmatist limited government libertarian Nick has this to say:

The way to effect change is to build a coalition of people who are dedicated to the change you want to make and then work to convince the normal people in the middle. Ron Paul is a great example of getting a coalition together, altho his campaign could use some work in convincing moderates to his side.

— Nick, 26 January, 10:24am

Well then.

In the interest of diplomacy, I will just kindly suggest that if Ron Paul’s triumphant single-digit, third-to-fourth place primary campaign is your idea of a great example of getting a coalition together and making change through the power of numbers, I will be holding out for a better proposal.

Meanwhile, limited governmentalists are just full of suggestions for how anarchists can help the cause of anarchy by … not talking about anarchy, and spending their time and energy on building up limited-government organizations instead. Apparently wanting to work on promoting your own cause, rather than other causes with fundamentally different ideas about ultimate goals, is a sign of a self-destructive fetish for purity. Of course, the fact that this going-along-to-get-along in the name of political realism only seems to go in one direction — I don’t hear any minarchists talking about how they plan to swallow their love of small governments in order to sign up for going anarchist efforts, like, say, CopWatch — might lead one to be just a little suspicious of the motives behind the appeal. But, anyway.

Brandybuck, for example, is not an anarchist. But he’s sure that if he were an anarchist, he’d be perfectly happy to spend his time working on achieving minarchy rather than anarchy. He asks:

He is unwilling to compromise any of his political points. But such an unwavering demand for pure anarchy is going to net him only misery. Is this a man who would reject a 50% tax cut because it would leave the remaining 50% of taxes in place? I think it might be.

— Brandybuck, 25 January 25 2008, 9:38pm

Brandybuck’s got another think coming.

I would quite happily take a 50% tax cut, if I could get it; and I would consider a 50% reduction in Leviathan’s pirated wealth to be a massive step in the right direction. I would much rather that the whole thing were done away with, but in the meantime, I will take what I can get.

But what I would not do is waste my time trying to build up a think tank or political party that are devoted to the goal of cutting taxes by 50% and no further. That’s hardly the only way in the world to make concrete progress towards cutting taxes by 50%, and if you think that it is, you need to think harder about how social change, or even basic negotiations, actually work in the real world. (As for negotiations, if you start out asking for what you actually want, rather than what you think you can get, you’ll often end up getting less than you wanted in the end. But you’ll do a damn sight better than if you start out asking for what you think you can get, and then bargain down from there. As for social change, there are a hell of a lot more movements that have made substantial social changes than there are political parties or party caucuses. If you think that the only way to get things done is to jump into a political party, then your lack of creativity is a problem for you, not a problem for me.)

Brandybuck is also incensed that I would claim that limited government libertarians actually do believe in government:

Personally, I have no desire to join any movement whose members [minarchists] will turn around and shoot me in the end.

This is a vile mischaracterization of minarchists. Minarchists are not statists. They are anti-statists. What makes them different from anarchists is the pragmatic realization that anarchy is not viable. If a state is inevitable, then let’s see to it that it will be as small and as unobtrusive as possible.

— Brandybuck, 25 January 25 2008, 9:38pm

This is, to be blunt, complete nonsense. If minarchists believe in limited government, then they believe in the right to make anarchistic arrangements not viable by prohibiting at least some individual people from seceding or otherwise withdraw their allegiance from the minimal state in favor of competing defense associations, or in favor of individual self-defense. If Brandybuck believes that I have the right to tell his limited government to go to limited hell, and to withdraw entirely from it to make my own arrangements, then his imagined minimal state is really not a sovereign state at all, but rather one voluntary defense association amongst many, and Brandybuck is no minarchist, but rather an anarchist. (In which case, welcome, comrade!) But if he does believe that a limited government has some right to make me use or pay for its services, even if I would prefer to withdraw from it and make arrangements of my own, then, like any other government program, this one is going to take the use of force or the threat of force by limited government cops. In which case my characterization of the minarchist political platform as including a plank on shooting anarchists, whether vile or not, is an accurate one. There is no third option. (Of course, minarchists accept a right of free speech, meaning that they will not shoot anarchists who just talk about anarchy. But in order to maintain a minimal state, they have to be ready to shoot anarchists who actually attempt to do something about it. And I care about the latter at least as much, if not more, than I care about the former.)

A bunch of people seem to have misinterpreted my argument as an argument for not doing anything, or for anarchists never to work together with minarchists on issues of common concern. Thus, for example:

Great. The metaphor’s nonsensical. Let’s stop working together against the great breadth of government power.

— Vent, 25 January 2008 7:43pm

Of course, if I had made an argument to the effect that working together with limited statists was always and everywhere destructive to the cause of freedom, then replying to the argument this way would be about as sensible as saying Great. Let’s stop trying to put out this fire by pouring gasoline on it. Well, yeah, that’s what you should do. If working together requires you to make trade-offs that actively impede the goals you’re supposedly working for, then you should stop trying to work together. The primary goal of libertarianism ought to be freedom, not maximizing the number of self-identified libertarians working together. The two are not the same, and if latter interferes with the former, then the former is always more important.

That said, that’s not the argument that I made. I’m not proposing that anarchists sit around and do nothing; I am proposing that they choose different means in order to get things done. Nor am I proposing that anarchists never work together with minarchists on anything. I’m willing to work with all kinds of people. I am proposing that we reconsider the scope of the cooperation, and the terms on which we do the work. As I said in the original post:

I would certainly agree that market anarchists should be willing to work together with coalition partners on particular issues of concern — the drug war, corporate welfare, the war on Iraq, etc. — whether those coalition partners are minarchists, or state Leftists, or whatever else. But who you’ll work with in issue-based coalitions is a different question from whose movement you’ll participate in, or what formations you’ll make the primary venue for your broader organizing and activism.

Here, as elsewhere, I’d argue that there’s a lot to be said for making things with small pieces loosely joined. There are plenty of times when it makes sense for anarchists to work together with statists of various stripes, as part of a common front for a common cause. But when we do, I’d suggest that the cooperation should be limited to fighting to win on the issue at hand — not spending years building up multi-purpose, long-term institutions or political parties whose goals have nothing in particular to do with anarchism. And I’d suggest that when we work in coalition, we do so through organizations of our own, on our own terms, and speaking for ourselves, not through centralized, non-anarchist smaller-government organizations that require us to spend our time talking about everything but, y’know, anarchy, in order to participate.

Probably the most common critical reply, though, is a claim that anarchists should work to build up minarchist parties because (1) in the current political climate, the practical differences between anarchistic and minarchistic politics are triflingly small (minarchists want to get rid of about 99% of existing government; anarchists want to get rid of the remaining 1% too); (2) where there are differences in ultimate goals, in the current political climate, the stuff that only the anarchists want to get rid of can’t realistically be gotten rid of, whereas some of the stuff that both anarchists and minarchists want to get rid of can realistically be gotten rid of (the war on drugs, or marginal tax rates, or whatever); and (3) once we have gotten rid of the 99% of stuff that anarchists and minarchists agree on, whenever that happens, then getting rid of that last 1% will be much easier for anarchists to pull off than it would be to get rid of that stuff now.

Thus Zeph, in comments here:

A minarchist system would have minimal ability to block the tracks, even if it had an interest in so doing.

Sisyphus old lad, would you rather push a pebble or a planet up a hill?

And Brandybuck, who, while a minarchist, is ever helpful to inquisitive anarchists:

I also suspect that it would be much easier to achieve true anarchy if you start from a minarchist state than from an maxarchist state.

On the train anarchist kerem tibuk:

Besides when the time comes when a minarchist government agresses against an individual it is much easier for that individual to fight back since the state would be much less powerless and the individual much more powerfull.

prolefeed:

Ummm, when we get to a government that is about 1% the size it is now, this will become a relevant question. Not exactly holding my breath over that happening. Until we effing reverse the growth of government, the 0%ers and the 0.01%ers and the 1%ers and the 50%ers and even the 99%ers should all be pretty solid allies.

But accepting this argument would depend on my accepting a number of premises whose evidence is weak at best, or which are definitely wrong.

I would, for example, have to accept that a smaller, more limited government would have a harder time suppressing anarchistic activity than a larger, less limited government would. It might seem like this is obvious: bigger governments have more money, more hired thugs, more surveillance spooks, and more tyrannical laws that they can exercise in order to suppress anarchists than smaller governments do. But, on the other hand, bigger governments also have much more to do than smaller governments do. Under the present system, government cops fritter away time, attention, and energy trying to enforce all kinds of asinine laws. Under a minarchy, the government police forces would still exist, but they would have basically nothing to do with their time other than (1) dealing with small-time property crime, and (2) suppressing anarchistic activity. I think there’s very little guarantee that it would be easier to establish and sustain institutions that counter certain kinds of state power when the state is lean and mean, than there is now when it’s large, bloated, and corrupt.

In a similar vein, I would have to accept that the most likely way to significantly reduce the scope and power of government is to spend the next several decades working from within the state system in order to prune away this or that invasive policy — drug laws, abortion laws, immigration laws, the war in Iraq, especially stupid provisions of copyright law, egregiously high taxes, the most outrageous parts of immigration law, or whatever — and then only to go after the supporting pillars of state power — government policing and prisons, government courts, government military, government border control, the existence of even minimal taxation, etc. — once all the policy issues have been cleared out of the way. That may seem obvious, but actually it’s a substantial claim in need of defense, and I have not yet been given any reason to believe that this is true.

Of course, it’s true that if you have already committed yourself to making change through the vehicle of electoral politics, then partial reform on the particular policy issues is going to be much closer to being within your grasp than, say, abolishing government policing in favor of voluntary defense associations. But that’s only if you’ve committed yourself to electoral politics already; it certainly can’t be invoked as an argument for jumping into the Libertarian Party without assuming part of what it needs to prove. In point of fact, if options other than electoral politics are allowed onto the table, then it might very well be the case that exactly the opposite course would be more effective: if you can establish effective means for individual people, or better yet large groups of people, to evade or bypass government enforcement and government taxation, then that might very well provide a much more effective route to getting rid of particular bad policies than getting rid of particular bad policies provides to getting rid of the government enforcement and government taxation.

To take one example, consider immigration. If the government has a tyrannical immigration law in place (and, just to be clear, when I say tyrannical, I mean any immigration law at all), then there are two ways you could go about trying to get rid the tyranny. You could start with the worst aspects of the law, build a coalition, do the usual stuff, get the worst aspects removed or perhaps ameliorated, fight off the backlash, then, a couple election cycles later, start talking about the almost-as-bad aspects of the law, build another coalition, fight some more, and so on, and so forth, progressively whittling the provisions of the immigration law down until finally you have whittled it down to nothing, or as close to nothing as you might realistically hope for. Then, if you have gotten it down to nothing, you can now turn around and say, Well, since we have basically no restrictions on immigration any more, why keep paying for a border control or internal immigration cops? Let’s go ahead and get rid of that stuff. And then you’re done.

The other way is the reverse strategy: to get rid of the tyranny by first aiming at the enforcement, rather than aiming at the law, by making the border control and internal immigration cops as irrelevant as you can make them. What you would do, then, is to work on building up more or less loose networks of black-market and grey-market operators, who can help illegal immigrants get into the country without being caught out by the Border Guard, who provide safe houses for them to stay on during their journey, who can help them get the papers that they need to skirt surveillance by La Migra, who can hook them up with work and places to live under the table, etc. etc. etc. To the extent that you can succeed in doing this, you’ve made immigration enforcement irrelevant. And without effective immigration enforcement, the state can bluster on as much as it wants about the Evil Alien Invasion; as a matter of real-world policy, the immigration law will become a dead letter.

When anarchists participate in compromise efforts, such as the LP or the Ron Paul campaign, those efforts pretty much always only allow one of these two routes: the policy-reform-first route. They don’t allow for the evasion-first route because to set up and sustain the kind of resources that are necessary to enable evasion and resistance of government laws, you’re already trying to take the train to a station where the minarchist passengers don’t want to go: that is, you’re creating counter-institutions that are directly competing with, and attempting to undermine, precisely those state functions (law enforcement, the courts, military and paramilitary defense of the state against its declared enemies) that minarchists intend to keep. But why should we prejudge the contest in favor of the minarchist-friendly route? After all, which of these is the better strategy for getting rid of immigration laws? Well, as far as effectiveness goes, I don’t actually think that that’s a very hard question to answer. Look at all the practical success that the immigration reform movement has had in liberalizing immigration laws over the past thirty years or so. Here, I’ll make a list for your convenience:

Now, compare the success that illegal immigrants, state-side family members, coyotes, good samaritan ranchers, off-the-books employers, et al. have had in getting people across the border in defiance of immigration law, while avoiding or minimizing government interference:

Estimated number of illegal immigrants in the United States

Here's a graph showing 3,000,000 people in 1980; 3,300,000 in 1982; 4,000,000 in 1986; 2,500,000 in 1989; 3,900,000 in 1992; 5,000,000 in 1996; 8,400,000 in 2000; and 11,100,000 in 2005.

Source: Pew Hispanic Center, via CNN

From a practical standpoint, if I’m looking for a going concern, I’d say that the root-striking approach seems to be making a lot more concrete progress than the branch-pruning approach, at least on the specific issue of immigration.

Of course, there are concerns other than practical success. For example, many minarchists are likely to believe that there is a moral advantage to working from within the political system, and convincing those around you to change their votes, rather than consorting with criminals and making an end-run around the law. That’s reasonable enough, and may be a reason to stick to electoral reform — if you are a minarchist. But, of course, I’m not: I’m an anarchist; I think that government laws have no color of authority whatsoever; and I don’t think that people who evade or defy immigration laws are criminals in any sense worth caring about. And my earlier post was directed mainly towards other anarchists on a point of anarchist strategy; so if your counter-argument starts out by presupposing a certain level of respect for government law, then it’s going to be a non-starter as a response to my argument.

Setting moral concerns aside, there is a pragmatic concern that strategies that bypass legal reform in order to evade the law are more risky. Electoral reform campaigns may not get the results as quickly or as extensively as black markets do, but they’re also less likely to get you shot or thrown in jail by the government. That’s true enough. But, on the other hand, it’s easy to overestimate the risks of black market activities; the fact is that tens of millions of people get away with this stuff every day already, and the more talented and resourceful people turn their attention towards evading and resisting tyrannical laws rather than pouring their resources down the toilet of political reform campaigns, the more people will be able to get away with, and the more reliably they’ll be able to get away with it. Moreover, just as there is far more to political campaigning than just the act of voting or declaring a candidacy or lobbying or filing suit — there’s also fundraising, crafting and running ads, house parties, holding debates, canvassing, op-eds, buttons, bumperstickers, and the rest — there is also much more to an evasion strategy than direct participation in black market activities. There is also moral agitation and advertising aimed at convincing people of the legitimacy, or at least the unimportance, of so-called criminal activity, with the usual set of op-eds, buttons, bumperstickers, debates, etc.; there’s legal education and legal defense funds; there’s nonviolent civil disobedience; there are grey market activities that provide arguably or completely legal services that nevertheless help black market operators evade detection; and any number of other things, too. No doubt lots of us can’t or won’t take the risks involved in direct black market activity — because our circumstances or our temperament prevent us from taking it on — but if you can’t take on that much risk, you can still do plenty of things to concretely aid the broader strategy, without putting yourself in the path of the law.

Now, for all that I’ve said, it still may be the case that, for some other issues, the branch-pruning approach is more likely to be effective than the root-striking approach. But if you are an anarchist, then I think it would behoove you to think carefully about whether this really is the case, before you start putting your limited time and energy into a branch-pruning political campaign. Certainly there are plenty of examples I could cite other than illegal immigration. Compare the concrete progress of lobbying and litigation for liberalizing copyright law to the concrete progress of music and movie pirates in simply evading the enforcement of copyright law. Or compare the concrete progress of lobbyists at liberalizing drug laws to the concrete progress of drug smugglers and drug dealers at moving drugs to willing customers in spite of the laws against it. However many policy issues there may be that will be more easily addressed by the route of legal reform, rather than by the route of undermining the state’s capacity to detect and retaliate against law-breaking, I think there is every reason that they will be few enough, and far enough between, that it just doesn’t make practical sense for anarchists to spend their limited resources on open-ended, long-term commitments to building up smaller-government institutions. Not if the price is deferring talk about the illegimacy of the State as such, or about the right of people to evade its laws, or about the right of people to create counter-institutions to defend themselves against its law enforcement, in order to keep our outreach palatable to more or less limited statists. Anything that is worth getting through that kind of co-operation can be got through limited-scope, issue-driven coalitions. And we can do that kind of outreach and activism without signing onto intra-party Accords that sacrifice anarchist rhetoric or practical action in the name of taking one for the party.

Anarchism is about anarchy. The activism, agitation, and organizing that we do ought to reflect that. If it doesn’t, then you may very well be wasting your time and talents.

Who usurps the usurpers?

I celebrated Roe v. Wade Day today by recalling the radical, anti-statist heritage of the pro-choice feminist movement. Lew Rockwell, on the other hand, celebrated it by reporting an anti-choice campaign endorsement for Chairman Ron’s Great Libertarian Electoral Revolution:

Today – the 35th anniversary of the Supremes’ Roe v. Wade usurpation – Norma McCorvey (Roe) has endorsed Ron Paul for president.

In passing, Rockwell describes the 1973 Supreme Court ruling in Roe v. Wade as a usurpation. But a usurpation against whom?

The only thing that Roe does, legally speaking, is restrain the action of state governments, by forbidding them from passing certain kinds of abortion laws, on the claim that any such law conflicts with the requirements imposed on the several states by the United States Constitution. But depriving someone of a legal power can only count as usurpation if the person or people you’re depriving had some kind of legitimate authority for you to usurp. And since when do anti-war, anti-state pro-secession anarchists believe that state governments have any kind of legitimate authority at all?

Roe v. Wade Day #35

Blog for Choice Day * January 22, 2008

The most important thing feminists have done and have to keep doing is to insist that the basic reason for repealing the laws and making abortions available is justice: women's right to abortion.

...

There are many reasons why a woman might seek a late abortion, and she should be able to find one legally if she wants it. She may suddenly discover that she had German measles in early pregnancy and that her fetus is deformed; she may have had a sudden mental breakdown; or some calamity may have changed the circumstances of her life: whatever her reasons, she belongs to herself and not to the state.

— Lucinda Cisler (1969): Abortion law repeal (sort of): a warning to women

To-day is the 35th anniversary of the United States Supreme Court’s ruling in Roe v. Wade, the jubilee day on which abortion laws were repealed in every state of the United States, and the United States judiciary recognized, finally, even if in a limited and limiting way, every woman’s fundamental human right to control her own body, and to exercise her rightful self-ownership, if she sees fit, to refuse the use of her reproductive organs to Man, Fetus, and State. There's a lot not to like about the specifics of the reasoning in Roe, and it’s often frustrating that Roe is the ruling that we’ve got to celebrate, or at least defend. But if nothing else, it is worth celebrating the pro-choice feminist movement that made Roe inevitable, and which won Roe for the capstone of a remarkable, explosive struggle, over the course of just under 4 years, from the decisive beginning of the pro-choice feminist movement in early 1969, to the Supreme Court decision in January 1973. (There was a small, barely effectual abortion law reform movement before 1969; but February and March 1969 marked the beginning of the abortion law repeal movement, and also the beginning of the pro-choice argument — that is, early 1969 is when the argument shifted from the old tack of getting people to feel sorry for the poor desperate girl, to the new demand by radicalized women for their right to the determine how their own bodies will or will not be used.) The repeal movement exploded basically out of nowhere, at a time when abortion was criminalized in every one of the 50 states. Led by a coalition of radical Women’s Liberationists and radicalized ordinary women, the new movement quickly shoved aside the male experts, both reactionary and reformist, who had dominated the discourse for decades beforehand, threw out the request for piecemeal reforms (of the rape-incest-health of the mother variety), demanded instead the complete repeal of all abortion laws, and then won, first with the New York state repeal in 1971, and then with the nation-wide repeal in January 1973. That’s something to remember, and to celebrate.

Men don’t get pregnant, men don’t bear children. Men just make laws.

— Redstockings demonstrator, at a New York legislative hearing on abortion laws, 13 February 1969

Like all anniversaries, this is a good day for remembering, and for honoring. One of the things I think it is most important to remember on this day, in spite of, or perhaps because of, the way in which the occasion is attached to a legal ruling handed down by nine men in black robes, is a matter of strategy. It is all too easy to make the latest political cockfight out as the be-all and end-all of pro-choice activism; to realize, correctly, that the legal position of abortion rights is really precarious and to leap, incorrectly, to the conclusion that if Roe falls, that will be the end of it. No it won’t. The pro-life State had its guns trained on us before, and we beat it. If it turns its guns on us again, that will be terrible, but we will beat it again nevertheless. Perhaps by once again forcing the hand of state legislators or the courts. Or perhaps not. There are other ways to get it done. Here is how a group of women in Chicago took matters into their own hands, years before Roe, without the blessing of the male experts and in defiance of the man-made Law, in order to make justice for their sisters a reality.

Radical women in Chicago poured their energy into Jane, an abortion referral service initiated by Heather Booth, who had been a one-woman grapevine for her college classmates. In 1971, after Booth’s departure, some of the women took matters into their own hands and secretly began to perform the abortions themselves. Safe, compassionate terminations for a modest fee became their high calling–a model, as they saw it, for women’s empowerment after the revolution.

Leaflets appeared in the Hyde Park neighborhood of the University of Chicago bearing a simple message: Pregnant? Don’t want to be? Call Jane at 643-3844. The number rang at the home of one of the activists who volunteered to be Jane. As word spread and the volume of calls increased, the service acquired its own phone line and an answering machine, a cumbersome reel-to-reel device that was one of the first on the market. Volunteers, known inside the service as call-back Janes, visited the abortion seekers to elicit crucial medical details (most important was lmp, the number of weeks since the last menstrual period), then another level of volunteers scheduled an appointment with one of the abortionists on the group’s list.

At first the service relied on Mike in Cicero, who was fast, efficient, and willing to lower his price to five hundred dollars as the volume increased. Mike gradually let down his guard with Jody Parsons, his principal Jane contact, an artisan who sold her beaded jewelry and ceramics at street fairs and was a survivor of Hodgkin’s disease. The clandestine abortionist and the hippy artisan struck up a bond. When Mike confessed that he was not in fact a real doctor but merely a trained technician, she cajoled him into teaching her his skills. Jody’s rapid success in learning to maneuver the dilating clamps, curettes, and forceps demystified the forbidden procedures for another half dozen women in Jane. If he can do it, then we can do it became their motto.

Madeline Schwenk, a banker’s daughter who had married at twenty, six months pregnant with no clue whatsoever about how to get an abortion, moved from counseling to vacuum aspiration after Harvey Karman, the controversial director of a California clinic, came to Chicago to demonstrate his technique. Madeline was one of the few women in Jane who was active in NOW, and who stayed affiliated with the Chicago chapter during the year she wielded her cannula and curette for the service. I’d get up in the morning, make breakfast for my three kids, go off to do the abortions, then go home to make dinner, she reminisces. Pretty ourageous behavior when you think about it. But exciting.

Jane’s abortion practitioners and their assistants were able to handle a total of thirty cases a day at affordable fees–under one hundred dollars. A doctor and a pharmacist among the women’s contacts kept them supplied with antibiotics.

Fear of police surveillance in radical circles had its match among clandestine abortionists who relied on a complicated rigamarole of blindfolds and middlemen. Jane straddled both worlds. Abortion seekers gathered every Wednesday, Thursday, and Friday at a front apartment, usually the home of a Jane member or friend, and were escorted by Jane drivers to the Place, a rented apartment where the abortions were performed. The fronts and the Place changed on a regular basis. New volunteers, brought into the group by counselors and drivers, went through a probation period before they were told that women in Jane were doing the abortions. The news did not sit well with everyone. Turnover was high, from fear and from burnout, although the service usually maintained its regular complement of thirty members.

Jane lost most of its middle-class clientele after the New York law [repealing the state’s abortion ban] went into effect. Increasingly it began to service South Side women, poor and black, who did not have the money to travel out of state, and whose health problems, from high blood pressure to obesity, were daunting. Pressure on the providers intensified. Audaciously they added second-trimester abortionsby induced miscarriage to their skills.

On May 3, 1972, near the conclusion of a busy work day in an eleventh-floor apartment on South Shore Drive overlooking Lake Michigan, Jane got busted. Seven women, including Madeline Schwenk, were arrested and bailed out the following day. The Chicago Daily News blared Women Seized in Cut-Rate Clinic in a front-page banner. The Tribune buried Lib Groups Linked to Abortions on an inside page. Six weeks later the service was back in buinsess. Wisely, the women facing criminal charges selected a defense attorney who was clued in to and optimistic about the national picture. She advised them to hang tight–some interesting developments were taking place in Washington that could help their case. (After the January 1973 Roe decision, all outstanding charges against the seven were dropped.)

The activists of Jane believe they performed more than ten thousand abortions. It’s a ballpark figure based on the number of procedures they remember doing in a given week. For security reasons they did not keep records.

–Susan Brownmiller, In Our Time: Memoir of a Revolution, pp. 123–125

The repeal of the abortion laws in the United States wasn’t a gift handed down out of benevolence by a gang of old men in robes. It was struggled for, and won, by women in our own times. It didn’t take ballot boxes; it didn’t take political parties; it didn’t take clever legal briefs. It took radical women who stood up for themselves, who challenged the authority of self-appointed male experts and law-makers, who spoke truth to power, who took things into their own hands and helped their sisters, in defiance of the law, because they knew that they had a right to do it, and to hell with any law and any government that said otherwise. Radical feminists who built a movement for their own freedom over a matter of months and decisively changed the world in less than five years. It’s not just that we owe the Redstockings, Cindy Cisler, Heather Booth, Jody Parsons, Madeline Schwenk, and so many others our praise. They do deserve our cheers, but they also deserve our study and our emulation. They did amazing things, and we — feminists, leftists, anti-statists — owe it not only to them, but to ourselves, to honor them by trying to learn from their example.

Further reading:

Radical feminism, libertarianism, and the terrifying feminist menace to men’s wing-wangs

A couple of weeks ago, I criticized an article by David Gordon that criticized left libertarians who criticized Ron Paul. (David Gordon later criticized my criticism of the criticism of the criticism; I posted a rejoinder; and Gordon posted a reply to the rejoinder.) Along the way in my first remarks, I mentioned (by way of an example) my views on libertarianism and anti-statist radical feminism:

I don't think that libertarianism should be subordinated to certain cultural values such as radical feminism. I believe that libertarianism, rightly understood, is both compatible with and mutually reinforcing with the cultural values of radical feminism, rightly understood. (For a more detailed explanation of the different kinds of links that there may be between libertarianism and radical feminism, see my reply to Jan Narveson on thick libertarianism.) The independent merit of radical feminism is one reason to support libertarianism as a political project (because opposing the patriarchal State is of value on feminist grounds), but that's never been the sole reason or the primary reason I have suggested for being a libertarian. The primary reason to be a libertarian is that the libertarian theory of individual rights is true. From the standpoint of justice, the benefits that a stateless society offers for radical feminism are gravy.

The views I was briefly referring to here are views that I already expressed in much greater detail in an essay on libertarian feminism that I co-authored with Roderick Long, which was linked from the same post. Over at Liberty & Power, Keith Halderman picked up on the shorter version of my remarks on radical feminism and lodged objections. You can see how it goes from there in the comment section; I complained that his post indulges in a ridiculous cheap shot, that it falsely attributes a view to radical feminists that as far as I know none of them actually held or hold, that it falls into some vulgar libertarian confusion between free market principles and defending the socioeconomic arrangements that actually exist in our unfree market, and that libertarians perhaps oughtn’t get so worked up about the dreadful menace that angry feminists pose to the safety of men’s penises.

Halderman then responded to my complaints with what I think amounts to more confusion, along the way questioning [my] commitment to limited government. As well he should, I suppose; but his suspicious glances are pointed in the wrong political direction, and based on a clear misreading of my comments. For replies, see my first and second follow-up comments.

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