Around the web in the past couple weeks. Part of the news that’s fit to link…

• In honor of Carnival, let’s start with a couple of Carnivals. The Ninth Carnival of Feminists is up at Mind the Gap! and Philosophers’ Carnival #26 is up at Hesperus/Phosphorus. I happen to have a submission featured in each; but if you’re here you’ve probably already read them. Fortunately, like all good Carnivals, they contain multitudes. Prepare to fill out exactly one zillion tabs with excellent reading material.

• Roderick Long, Austro-Athenian Empire (2006-02-21): Spooner on Rent does his best to sort out just what Lysander Spooner’s views on land ownership and rent are. The evidence suggests that Spooner was more like Murray Rothbard and less like Benjamin Tucker on this one. Interesting mainly as a historical and exegetical question (Spooner didn’t dwell on the issue, so it’s not like a treasure trove is being discovered; and the fact that Spooner thought something hardly makes it so). But, Roderick adds, to the extent that there's any polemical payoff I suppose it's this: those anarcho-socialists who grant the title of anarchist to Tucker and Spooner but deny it to Rothbard and other so-called anarcho-capitalists on the grounds inter alia of the latter's disagreement with Tucker about land will find their position at least somewhat harder to maintain to the extent that the distance between the saved Spooner and the damned anarcho-capitalists is narrowed. Read the whole thing.

• ginmar, A View from A Broad (2006-01-30): It doesn’t matter what you think we said…: You ever dealt with somebody who uses the word pussy in front of you–I’m speaking as a woman, here–as a synonym for cowardly, disgusting, vile–and then gets up in your face when you call them on it? Well, uh, I didn’t mean it like that. I didn’t intend it like that. … Not thinking is no longer proof of innocence. What it just means is that you don’t give enough of a fuck to think about it. (Boldface added.) Read the whole thing.

• Media Matters (2006-02-14): If It’s Sunday, It’s Conservative: An analysis of the Sunday talk show guests on ABC, CBS, and NBC, 1997 – 2005: In fact, as this study reveals, conservative voices significantly outnumber progressive voices on the Sunday talk shows. Media Matters for America conducted a content analysis of ABC’s This Week, CBS’ Face the Nation, and NBC’s Meet the Press, classifying each one of the nearly 7,000 guest appearances during President Bill Clinton’s second term, President George W. Bush’s first term, and the year 2005 as either Democrat, Republican, conservative, progressive, or neutral. The conclusion is clear: Republicans and conservatives have been offered more opportunities to appear on the Sunday shows – in some cases, dramatically so. The Right had an especially pronounced advantage when you screened out government flunkies and just looked at journalists. Read the whole thing.

• Natalie Bennett, Philobiblon (2006-02-19): The baby choice, not the baby gap: Well I wanted many things when I was 21 – although I didn’t want children – and I don’t now want many of the same things. I didn’t want many of the same things when I was 25 or 30. At 21 you are still chiefly the product of your conditioning and upbringing – you are only just starting to grow up and construct yourself as an independent individual. No doubt many of those women later changed their minds, or decided that while a baby might be nice, it wasn’t their top priority. Also, no doubt, when they asked those early twenties women the question, they were thinking of having a baby as something that would happen in the far distant future – it is not a serious practical prospect. With, as I’ve reported before, 30 per cent plus of women in Scotland chosing not to have babies, when are the researchers (and the newspaper editors) going to recognise that this is a valid, sensible, entirely normal choice? Sometimes the demographic hand-wringers try to coerce you; other times they just try to hector you and generally treat you like an idiot. In either case, they’re acting like a bunch of bullies and need to drop it already. Anyway, read the whole thing.

• Andy the Slack Bastard (2006-02-18): Burn-A-Flag-For-Lenin Week!: Andy has sort of an ongoing hilarious documentary on the weird, wild world of Marxist-Leninist splinter sects. It’s kind of like a form of neo-surrealist theatre in which the actors don’t realize that they’re part of a show. The latest? Confronted with a recent and continuing downturn in membership, the youth wing of the neo-Trotskyist Democratic Socialist Perspective appears to have hit upon a brand new (sic) idea to try and reverse the trend (or at least make a few dollars): selling flag-burning kits to University students. Commodification of dissent in the name of Communist dictatorship? The power is yours Australia! Read the whole thing.

• Lab Kat (2006-02-20): The barefoot and pregnant crowd, Part III takes notice of Ypsilanti’s finest, Tom Monaghan. Now he’s planning to build his own city. No, not on rock and roll; on the mercy of Our Lady. I’m all for this clown building his own city. Get all the religious right nutjobs in the country to move there, away from those of us who don’t buy their dogmatic horseshit. Let them go play in their La-La Land while the rest of us live in the real world. Read the whole thing.

• Meghan Sapp, Women’s eNews (2006-02-20): Fight to End Mutilation Hits Gritty Juncture looks at the hard work to come in the struggle against female genital mutilation in Africa: moving from international sentiments and governmental resolutions to actual change on the ground. Amid the surge in activities and reports, campaigners against the practice find themselves at a critical juncture. For nearly three years, they have been focused on persuading African Union leaders to ratify the Maputo Protocol. But now that is done, application of the anti-FGM provision at the national and local levels becomes the gritty political challenge. Of the 28 countries where genital mutilation is practiced, 14 countries have passed anti-FGM laws. But only Burkina Faso, Ghana and Kenya actively uphold those laws, according to the London-based Foundation for Women’s Health, Research and Development. Countries faced international pressure to ratify the Maputo Protocol, but within their own societies they face the opposition of many traditional ruling classes to cultural change. Read the whole thing.

• Kieran Healy, Crooked Timber (2006-02-11): The Papers Continue Fatuous looks on aghast as Andrew Sullivan happily reprints e-mails from his ever-present Anonymous Liberal Reader explicitly pondering genocide against Muslims in Europe. Here’s the word from Betty Bleedheart: I'm honestly starting to suspect that, before this is over, European nations are going to have exactly four choices in dealing with their entire Moslem populations–for elementary safety's sake: (1) Capitulate totally to them and become a Moslem continent. (2) Intern all of them. (3) Deport all of them. (4) Throw all of them into the sea. Kieran adds: It's a hollow joke that Sullivan's blog is graced by a tag-line taken from Orwell–and one about not being able to see what's in front of your face, at that. … I certainly hope European countries are not about to capitulate to demands from some radical muslims that civil society be brought to an end for the sake of the prophet's honor. … Nor, I take it, are they about to round up and dump all of them (for any value of them) into the sea. And if some countries have started down one or other of those roads, it certainly isn't because some clerical thugs are so awesomely powerful that they are in a position to destroy the institutions of western democracy. You'll have to look elsewhere to find people with the leverage to do real damage there. Read the whole thing.

• tiffany at BlackFeminism.org (2006-02-20): SXSW Collective Brainstorming: Are you a gay blogger or a blogger who is gay? and Tensions between being speaking for yourself or for a group looks at identity blogging and asks some hard questions for those who do (or don’t) care to do it. Read the whole thing.

• Marjorie Rosen, Los Angeles Times (2006-02-19): The lady vanishes — yet again takes an all-too-uncritical but sometimes interesting look at the declining prospects for women in the Hollywood star system. One of the better moments: The studios are nothing if not practical, suggests Michael Seitzman, the screenwriter of North Country. Hollywood would give a role to my dog if it would bring in an audience. The real question is not Why isn’t Hollywood creating roles for women? It’s Why aren’t audiences going to see them? Men aren’t interested in seeing movies about women anymore, but from the response to movies like In Her Shoes, it appears that women aren’t, either. But there may be a perception problem here. Could it be that because Hollywood produces so few movies featuring women’s stories, each one is held up to cold, hard and — dare I say it? — unfair scrutiny? Read the whole thing.

• moiv, media girl (2006-02-21): If You Can’t Get EC at St. Elsewhere, Call Boston Legal, meanwhile, catches us up on the wit and wisdom of Catholic League president William Donahue, who informs us that the real problem is that Hollywood is controlled by secular Jews who hate Christianity in general and Catholicism in particular. It’s not a secret, okay? And I’m not afraid to say it. … Hollywood likes anal sex. They like to see the public square without nativity scenes. I like families. I like children. They like abortions. I believe in traditional values and restraint. They believe in libertinism. We have nothing in common. But you know what? The culture war has been ongoing for a long time. Their side has lost. Oh it gets better — Donahue’s keeping files, you see. Big fat ones. Read the whole thing.

• The Guardian NewsBlog (2006-02-20) reports that the occupation may soon be over, troops drawn down, and genuine independence at hand after a tricky political process … in Kosovo. Black Looks (2006-02-19) reports on the violence leading up to putatively open elections in Uganda. (All in the name of counter-terrorism, of course.) Ryan W. McMacken, LewRockwell.com Blog (2006-02-21) finds that red-blooded Iranians aren’t above some good old Liberty Cabbage idiocy.

• The Guardian NewsBlog (2006-02-21): Milton Keynes: Shia inspiration watches the End of History rising over the ruins of Najaf, with a bit of help from the military-industrial complex. Come watch as the mauling of a holy city by the Warfare State is followed up with the worst that coercive, centralized Urban Renewal has to offer. For those who want to return to the glory days of Soviet-era architecture in Warsaw, I suppose. Read the whole thing.

• rabble at Anarchogeek (2006-02-22): On the futility of creative commons suggests that the increasingly ubiquitous Creative Commons stickers and tags are useless, because they cater too much to the whims of publishers and don’t take a principled stand in favor of freedom. Looking through the guide, i realize that it’s not possible simply to replace the CC with something else. The problem is not that there aren’t good licenses, rather that the cultural war over ideas is being lost. We need a concept like GPL compatible or maybe even the less radical OSI compliant. I think that this may miss the point of what CC’s out to do in the first place, but it’s an interesting debate. Read the whole thing.

• Jill, feministe (2006-02-20): Categorizing Race in the Bookstore reflects on the assets and liabilities of the African-American Interest (Women’s Studies, GLBT) bookshelves at your friendly neighborhood bookstore. Ghettoization? Useful classification? Both? Neither? Read the whole thing.

• Discourse.net (2006-02-25): Florida Cops Intimidate Would-be Complainants picks out an amazing transcript of an attempt to get an official complaint form from the pigs. Via Boing-boing, a link to this absolutely amazing piece of investigative reporting: Police Station Intimidation–Parts 1 and 2 in which CBS4 News found that, in police departments across Miami-Dade and Broward Counties, large and small, it was virtually impossible to walk in the door, and walk out with a complaint form. … The TV station that broke the story reports that Remarkably, of 38 different police stations tested around South Florida, all but three had no police complaint forms yet it nonetheless felt obligated to introduce its report by saying that Most police officers are a credit to the badge, serving the community and the people who pay their salary, getting criminals off the street, making the community safer for everyone. Guess none of those guys happen to work the front desk, eh? Read the whole thing.

• Echidne of the Snakes (2006-02-18): Virgins Matter More reports on how a man in Italy got a reduction in his sentence for raping his 14 year old stepdaughter because she wasn’t a virgin at the time she was raped. Because, you see, being forced to have sex against your will isn’t so bad if you’ve had sex already. The supreme court, apparently quoting from an amicus brief filed by Humbert Humbert, mused that the victim’s personality, from a sexual point of view, is much more developed than what would be normally expected of a girl of her age. Read the whole thing. But only on an empty stomach.

• Laurelin in the Rain (2006-02-21): The Patriarchy Phrasebook: Occasionally (actually make that all the damn time), we rad fems find ourselves visited by Ambassadors from Planet Patriarchia, who speak in a language that is hard to understand, mostly because it's less of a language and more of a code consisting of standard statements and arrogant presumptions. But never fear, for I am here with my dictionary of Commonly Used Phrases of Patriarchal Lackeys. These phrases are found variously in patriarchal literature, common conversation, newspapers, TV programmes, blog comments and shouted slogans when you're minding your own frickin' business. Read the whole thing.

You know the rules. Here’s the quote. This is from Andrea Dworkin’s Preface to the British edition of Right-wing Women (1983). It’s reprinted for American readers in Letters from a War Zone, pp. 185-194. I re-read the essay (along with a great deal of Andrea Dworkin’s stuff) in the process of following citations and culling material for expansions to WikiPedia: Andrea Dworkin — partly on its own merits, and partly because I’ve had to spend some time on it dealing with crusading anti-Dworkin editor / vandals. This is unrelated to anything that was under discussion in the article, but it caught my eye as I was flipping through, so I slowed down to re-read it in full:

The political concepts of Right and Left could not have originated in England or the United States; they come out of the specificity of the French experience. They were born in the chaos of the first fully modern revolution, the French Revolution, in reaction to which all Europe subsequently redefined itself. As a direct result of the French Revolution, the political face of Europe changed and so did the political discourse of Europeans. One fundamental change was the formal division of values, parties, and programs into Right and Left–modern alliances and allegiances emerged, heralded by new, modern categories of organized political thought. What had started in France’s National Assembly as perhaps an expedient seating arrangement from right to left became a nearly metaphysical political construction that swept Western political consciousness and practice.

In part this astonishing development was accomplished through the extreme reaction against the French Revolution embodied especially in vitriolic denunciations of it by politicians in England and elsewhere committed to monarchy, the class system, and the values implicit in feudalism. Their arguments against the French Revolution and in behalf of monarchy form the basis for modern right-wing politics, or conservatism. The principles of organized conservatism, in social, economic, and moral values, were enunciated in a great body of reactionary polemic, most instrumentally in the English Whig Edmund Burke’s Reflections on the Revolution in France. Written in 1789 before the ascendancy of the Jacobins–and therefore not in response to the Terror or to Jacobin ideological absolutism–Burke’s Reflections is suffused with fury at the audacity of the Revolution itself because this revolution uniquely insisted that political freedom required some measure of civil, economic, and social equality. The linking of freedom with equality philosophically or programmatically remains anathema to conservatives today. Freedom, according to Burke, required hierarchy and order. That was his enduring theme.

I flatter myself, Burke wrote, that I love a manly, moral, regulated liberty. Manly liberty is bold, not effeminate or timorous (following a dictionary definition of the adjective manly). Manly liberty (following Burke) has a king. Manly liberty is authoritarian: the authority of the king–his sovereignty–presumably guarantees the liberty of everyone else by arcane analogy. Moral liberty is the worship of God and property, especially as they merge in the institutional church. Moral liberty means respect for the authority of God and king, especially as it manifests in feudal hierarchy. Regulated liberty is limited liberty: whateveri s left over once the king is obeyed, God is worshipped, property is respected, hierarchy is honored, and the taxes or tributes that support all these institutions are paid. The liberty Burke loved particularly depended on the willingness of persons not just to accept but to love the social circumstances into which they were born: To be attached to the subdivision, to love the little platoon we belong to in society, is the first principle (the germ as it were) of public affections. It is the first link in the series by which we proceed towards a love to our country and mankind. The French rabble had noticeably violated this first principle of public affections.

To Burke, history showed that monarchy and the rights of Englishmen were completely intertwined so that the one required the other. Because certain rights had been exercised under monarchy, Burke held that monarchy was essential to the exercise of those rights. England had no proof, according to Burke, that rights could exist and be exercised without monarchy. Burke indicted political theorists who claimed that there were natural rights of men that superseded in importance the rights of existing governments. These theorists have wrought under-ground a mine that will blow up, at one grand explosion, all examples of antiquity, all precedents, charters, and acts of parliament. They have rights of men. Against these there can be no prescription… I have nothing to say to the clumsy subtility of their political metaphysicks. In Burke’s more agile metaphysics, hereditary rights were transmitted through a hereditary crown because they had been before and so would continue to be. Burke provided no basis for evaluating the quality or fairness of the rights of the little platoon we belong to in society as opposed to the rights of other little platoons: to admit such a necessity would not be loving our little platoon enough. The hereditary crown, Burke suggests, restrains dictatorship because it gives the king obeisance without making him fight for it. It also inhibits civil conflict over who the ruler will be. This is as close as Burke gets to a substantive explanation of why rights and monarchy are inextricably linked.

–Andrea Dworkin (1983), Preface to the British Edition of Right-wing Women, reprinted in Letters from a War Zone, 187–189.

For some similar points, partly influenced by Dworkin’s comments here and elsewhere in the preface, see GT 2005-02-03: By George, I think he’s got it!

This week around the web…

• Pam Spaulding @ Pandagon (2006-01-31): A Towering Figure is Gone remembers the life and legacy of Coretta Scott King:

  This loss is so great because Mrs. King was an advocate for civil rights who believed that phrase was inclusive — those of us in the LGBT family knew that she was on our side. While other figures in the civil rights movement, including Coretta's daughter Bernice, have chosen exclusion, demonization, and marginalization of gays and lesbians, Coretta Scott King stood regally and spoke eloquently about why discrimination of any kind is wrong.

• Lynn Harris @ Broadsheet (2006-01-31): Ice cheerleader boos Rangers highlights a couple of recent stories about sexual harassment against women at Madison Square Garden, from the bottom to the top of the corporate ladder.

  From today’s New York Daily News: Madison Square Garden is a den of sexual harassment, according to the former Rangers City Skater who is suing the World’s Most Famous Arena, and heaven help the woman who complains about it.

  Courtney Prince, once the captain of the Rangers’ on-ice cheerleaders, sued the Garden for sexual harassment in 2004, claiming, among other things, that management basically pimped the skaters out to VIP guests. (Read the story for the rest of the gories.)

  The other woman who may need heaven’s help is Anucha Browne Sanders, who earlier this week filed a lawsuit accusing Knicks president Isiah Thomas of sexual harassment.

  This is a company that doesn’t have respect for women, Prince told the News. Anucha Browne Sanders is at the top of the organization and I’m a lowly cheerleader at the the bottom. I have to believe there’s something going on in the middle, too. I now see how polluted it is.

  MSG refused a settlement deal in 2004, committing to fight the charges in court.

  Prince says that in the meantime, she’s been the target of threats and attempts to defame her character. Regardless, she says, her perspective on sexual harassment has done a 180. I went into this being anti-feminist and I used to judge women who claim sexual harassment the same way I’m sure people are judging me, says Prince. But it’s been worth it.

  Be sure to follow the links, but only if you’re ready to be mad at men in suits for the next few hours (madder than you already were, I mean). It’s an ugly, ugly business.

• Kevin Carson @ Mutualist Blog (2006-01-26): Another Free-for-All: Libertarian Class Analysis, Organized Labor, Etc. rounds up, fleshes out, and adds to debate over socioeconomic class, the legitimacy of strikes and other union tactics, and the promise of old school Wobbly tactics such as the use of direct action on the job and the minority union to effect change without collective bargaining (and without the need for an NLRB permission slip, either). He also has some kind words for some comments of mine, here and in various comments sections.

  One of the most important effects of Wagner was to channel union activity into 1) state-certified majority unionism, 2) a contract regime relying heavily on the state and the union bureaucracies for enforcement against wildcat strikes and direct action on the job, and 3) reliance on conventional strikes rather than on forms of direct action more difficult to detect or punish. In short, Wagner channelled organized labor into the kinds of activity most vulnerable to employer monitoring and countermeasures. What’s more, Wagner got the federal government’s foot in the door for subsequent labor legislation like Taft-Hartley, which prohibited the secondary strikes that were so successful in the 1930s.

• fafblog! (2006-01-25): Q & A: Our Omnipotent President offers a guide for the perplexed.

  Q. Can the president spy on Americans without a warrant?
  A. The president has to spy on Americans without a warrant! We’re at war, and the president’s gotta defend America, and he’s not gonna wait for a permission slip from a judge or a senator or America to do it!

  …

  Q. Things sure have changed since the innocent days of mutually assured destruction! But is it legal for the president to ignore the law?
  A. Maybe not according to plain ol stupid ol regular law, but we’re at war! You don’t go to war with regular laws, which are made outta red tape and bureaucracy and Neville Chamberlain. You go to war with great big strapping War Laws made outta tanks and cold hard steel and the American Fightin Man and WAR, KABOOOOOOM!

• Twisty @ I Blame the Patriarchy (2006-02-01): My Jarring Experience has the displeasure of waking up to the second worst part of a film classic. Several commenters independently point out that part of the reason that the worst part of My Fair Lady is so appalling is because that’s not the way it was written to begin with, and that Shaw himself observed that only an idiot whose sensibility has been ruined by romantic comedy would expect things to turn out as, well, the Hollywood writers made it turn out.

• And, in the comments to No Treason (2006-01-31): Dear Karen (No, Not That One), I discuss a personal pet peeve: using the word suicide bombing as if it named a moral rather than a tactical category of attack.

  “I don’t think it justifies suicide bombings however.”

  There’s nothing about suicide bombings that makes them essentially or even presumptively unjustifiable. The problem isn’t the method of delivery but rather the use of the method to attack civilians. (Would it be better if Hamas bombed innocent people from planes?)

  Guerrilla tactics, even tactics as terrifyingly dangerous as body-bombing, aren’t the problem. The use of guerrilla warfare to attack innocent civilians is.

Dick Durbin:

If I read this to you and did not tell you that it was an FBI agent describing what Americans had done to prisoners in their control, you would most certainly believe this must have been done by Nazis, Soviets in their gulags, or some mad regime — Pol Pot or others — that had no concern for human beings. Sadly, that is not the case. This was the action of Americans in the treatment of their prisoners.

— Dick Durbin, on the Senate floor (14 June 2005)

Scott McClellan, White House press flack:

Q Thank you. Scott, Senator Durbin compares the treatment of detainees at Guantanamo with the way Nazis abused prisoners during World War II. How is the President reacting to these accusations?

MR. McCLELLAN: I think the Senator’s remarks are reprehensible. It’s a real disservice to our men and women in uniform who adhere to high standards and uphold our values and our laws. To compare the way our military treats detainees with the Soviet gulags, the Nazi concentration camps, and Pol Pot’s regime is simply reprehensible. … And so I just think those remarks are reprehensible and they are a real disservice to our men and women in uniform. Our men and women in uniform go out of their way to treat detainees humanely, and they go out of their way to hold the values and the laws that we hold so dear in this country. And when you talk about the gulags and the concentration camps in Pol Pot’s regime, millions of people, innocent people, were killed by those regimes.

— Scott McClellan, White House press briefing (16 June 2006)

Commenter PPJ, aka Jim:

His comments are beyond the pale of rational political debate. His false, over the top, comments are demeaning to himself, the Senate, our military and his fellow citizens. He should be censored [sic] by the Senate. He should then apologize to the country and resign.

— PPJ, aka Jim, commenting at TalkLeft (16 June 2005)

Paul at Powerline:

What possessed Durbin to do it? How, after harping constantly on the importance of our image to winning the war on terrorism, could he cast the U.S. in such a false light? It’s not likely that he intentionally set out to injure his country. Until I hear a better explanation, I’ll put it down to a kind of sickness or derangement brought on by hatred — of President Bush, the military, etc. — coupled with a very weak immune system (i.e. intellect).

— Paul @ PowerLine (16 June 2005): Senator Durbin’s trifecta

Michelle Malkin, defender of Japanese internment:

What America needs is for President Bush himself to directly challenge Durbin on his treachery. What President Bush should do is to call on Durbin to retract his remarks (not just apologize) and ask forgiveness from our troops and the American people.

— Michelle Malkin (16 June 2005): THE TREACHEROUS DICK DURBIN

John Furgess, Veterans of Foreign Wars commander-in-chief:

The senator was totally out of line for even thinking such thoughts, and we demand he apologize to every man and woman who has ever worn the uniform of our country, and to their families.

— John Furgess, quoted for Veterans of Foreign Wars press release (16 June 2005)

Lee P. Butler, columnist and GOP apparatchik:

Throughout many sectors of the country Senator Durbin’s name is now synonymous with that of Hanoi Jane Fonda or Baghdad Jim McDermott. He decided he would use outlandish and completely absurd language of equating American soldiers in Guantanamo Bay with Nazis, Stalinist Soviets, and Pol Pot as a way of disagreeing with this administration. It seems as though he may have been emboldened to follow this tact, because of the outrageous allegation spewed by Amnesty International who earlier had labeled Gitmo as the gulag of our time … It’s a pretty big exaggeration for Amnesty International to compare Guantanamo Bay or even Abu Ghraib, for that matter, to a gulag and it’s reprehensible for an American Senator to equate our soldiers to torturous despots, even if they are just trying to malign President Bush.

— Lee P. Butler, OpinionEditorials.com, Senator Durbin’s Gulag Is A Liberal Crescendo Of Rhetorical Absurdity (20 June 2005)

Josh Dwyer, expert columnist from Texas A&M:

Sen. Dick Durbin, R-Ill., desperately needs a history lesson.

— Joshua Dwyer, The Batallion (30 June 2005): Durbin erred grossly in calling Gitmo a gulag

Charles J. Hanley, Associated Press (link thanks to DED Space (2006-01-27) and Hammer of Truth (2006-01-27); more at Echidne of the Snakes (2006-01-28)):

The U.S. Army in Iraq has at least twice seized and jailed the wives of suspected insurgents in hopes of leveraging their husbands into surrender, U.S. military documents show.

In one case, a secretive task force locked up the young mother of a nursing baby, a U.S. intelligence officer reported. In the case of a second detainee, one American colonel suggested to another that they catch her husband by tacking a note to the family’s door telling him to come get his wife.

… The U.S. military on Thursday freed five of what it said were 11 women among the 14,000 detainees currently held in the 2 1/2-year-old insurgency. All were accused of aiding terrorists or planting explosives, but an Iraqi government commission found that evidence was lacking.

Iraqi human rights activist Hind al-Salehi contends that U.S. anti-insurgent units, coming up empty-handed in raids on suspects’ houses, have at times detained wives to pressure men into turning themselves in.

— Charles J. Hanley, Associated Press (28 January 2006): Documents Show Army Seized Wives as Tactic

Aleksandr Isayevich Solzhenitsyn, prisoner of the Soviet gulag and author of The Gulag Archipelago:

9. Playing on one’s affection for those one loved was a game that worked beautifully on the accused as well. It was the most effective of all methods of intimidation. One could break even a totally fearless person through his concern for those he loved. (Oh, how foresighted was the saying: A man’s family are his enemies.) Remember the Tatar who bore his sufferings–his own and those of his wife-but could not endure his daughter’s! In 1930, Rimalis, a woman interrogator, used to threaten: We’ll arrest your daughter and lock her in a cell with syphilitics! And that was a woman!

— Aleksandr Isayevich Solzhenitsyn, The Gulag Archipelago (1973–1978), Chapter 3: The Interrogation

Most of this I heard on the radio yesterday evening. I add only (1) that there are no good reasons to care about constitutionality, but lots of good reasons to care about likely case law on the right of privacy, and (2) that it’s impossible to adequately convey such an oily, palavering voice in print.

DURBIN: The reason I asked you about those two cases is that neither of those cases referred to explicit language in the Constitution. Those cases were based on concepts of equality and liberty within our Constitution.

And the Griswold case took that concept of liberty and said it means privacy, though the word is not in our Constitution. And the Brown v. Board of Education took the concept of equality, equal protection, and said that means public education will not be segregated. …

Yesterday, when you were asked about one man, one vote, you clarified it. You said those were my views then, they’re not my views now.

When Senator Kohl asked you about the power and authority of elected branches as opposed to others, no; you said I want to clarify that’s not my view now.

And yet, when we have tried to press you on this critical statement that you made in that application, a statement which was made by you that said the Constitution does not protect a right to an abortion, you’ve been unwilling to distance yourself and to say that you disagree with that.

I think this is critically important, because as far as I am concerned, Judge Alito, we have to rely on the Supreme Court to protect our rights and freedom, especially our right to privacy. And for you to say that you’re for Griswold, you accept the constitutional basis for Griswold, but you can’t bring yourself to say there’s a constitutional basis for the right of a woman’s privacy when she is deciding — making a tragic, painful decision about continuing a pregnancy that may risk her health or her life, I’m troubled by that.

Why can you say unequivocally that you find constitutional support for Griswold, unequivocally you find constitutional support for Brown, but cannot bring yourself to say that you find constitutional support for a woman’s right to choose?

ALITO: Brown v. Board of Education, as you pointed out, is based on the equal protection clause of the 14th Amendment. And the 14th Amendment, of course, was adopted and ratified after the Civil War. It talks about equality. It talks about equal protection of the law.

And the principle that was finally recognized in Brown v. Board of Education, after nearly a century of misapplication of the 14th Amendment, is that denying people of a particular race the opportunity to attend schools or, for that matter, to make use of other public facilities that are open to people of a different race denies them equality. They’re not treated the same way — an African-American is not treated the same way as a black (sic) person when they’re treated that way, so they’re denied equality.

And that is based squarely on the language of the equal protection clause and the principle, the heart of the principle that was — the magnificent principle that emerged from this great struggle that is embodied in the equal protection clause.

Griswold concerned the marital right to privacy. And when the decision was handed down, it was written by Justice Douglas. And he based that on his theories of his theory of emanations and penumbras from various constitutional provisions: the Ninth Amendment and the Fourth Amendment and a variety of others.

But it has been understood in later cases, as based on the due process clause of the Fourteenth Amendment, which says that no persons shall be denied due process — shall be denied liberty without due process of law.

And that’s my understanding of it. And the issue that was involved in Griswold, the possession of contraceptives by married people, is not an issue that is likely to come before the courts again.

It’s not likely to come before the 3rd Circuit; it’s not likely to come before the Supreme Court. So, I feel an ability to comment — a greater ability to comment on that than I do on an issue that is involved in litigation.

What I have said about Roe is that if it were — if the issue were to come before me, if I’m confirmed and I’m on the Supreme Court and the issue comes up, the first step in the analysis for me would be the issue of stare decisis. And that would be very important.

The things that I said in the 1985 memo were a true expression of my views at the time from my vantage point as an attorney in the Solicitor General’s office. But that was 20 years ago and a great deal has happened in the case law since then.

Thornburg was decided and Webster and then Casey and a number of other decisions. So the stare decisis analysis would have to take account of that entire line of case law.

And then if I got beyond that, I would approach the question. And of course, in Casey, that was that was the beginning and the ending point of the analysis in the joint opinion.

If I were to get beyond that, I would approach that question the way I approach every legal issue that I approach as a judge, and that is to approach it with an open mind and to go through the whole judicial process, which is designed, and I believe strongly in it, to achieve good results, to achieve good decision-making.

— CQ Transcriptions (2006-01-11): U.S. Senate Judiciary Committee Hearing on Judge Samuel Alito’s Nomination to the Supreme Court

Later the same day, from the other side of the aisle:

BROWNBACK: … Judge Alito, the Supreme Court has gotten a number of things wrong at times, too.

That would be correct. And the answer, when the court gets things wrong, is to overturn the case.

Is that — that’s the way it works, isn’t that correct?

ALITO: Well, when the court gets something wrong, and there’s a prior precedent, then you have to analyze the doctrine of stare decisis. It is an important doctrine, and I have said a lot about it…

BROWNBACK: Let me just ask you, is Plessy wrong, Plessy v. Ferguson?

ALITO: Plessy was certainly wrong.

BROWNBACK: OK. I mean, and you have gone through this.

Brown v. Board of Education, which is in my hometown of Topeka, Kansas — I was there last year at the dedication of the school house, 50 years ago — that overturned Plessy.

Plessy had stood on the books since 1896. I don’t know if you knew the number. And I’ve got a chart up here. It was depended upon by a number of people for a long period of time.

You’ve got it sitting on the books for 60 years, twice the length of time of Roe v. Wade. You’ve got these number of cases that considered Plessy and upheld Plessy to the dependency.

And yet Brown comes along, 1950s case, poor little girl has to walk by the all-white school to go to the black school in Topeka, Kansas. And the court looks at this and they say, unanimously, that’s just not right.

Now, stare decisis would say in the Brown case you should uphold Plessy. Is that correct?

ALITO: It was certainly — would be a factor that you would consider in determining whether to overrule it.

BROWNBACK: But obviously…

ALITO: Doctrine that would consider.

BROWNBACK: Obviously, Brown overturned it, and thank goodness it did. Correct?

ALITO: Certainly.

BROWNBACK: It overturned all these super-duper precedents that had been depended upon in this case, because the court got it wrong in Plessy.

BROWNBACK: Is that correct?

ALITO: The court certainly got it wrong in Plessy, and it got it spectacularly wrong in Plessy. And it took a long time for that erroneous decision to be overruled.

One of the things, I think, that people should have understood that separate facilities, even if they were absolutely equal in every respect, even if they were identical, could never give people equal treatment under the law.

BROWNBACK: They don’t.

ALITO: I think they should have recognized that.

But one of the things that was illustrated in those cases — and Sweatt v. Painter, the last one on the list, brought that out — was that, in fact, the facilities, the supposedly equal facilities, were never equal.

And the continuing series of litigation that was brought by the NAACP to challenge racial discrimination illustrated — if illustration was needed, the litigation illustrated that, in fact, the facilities that were supposedly equal were not equal.

And that was an important factor, I think, in leading to the decision in Brown v. Board of Education.

BROWNBACK: I want to give you another number, and that is that in over 200 other cases, the court has revisited and revised earlier judgments. In other words, in some portion or in all the cases, the court got it wrong in some 200 cases. And thank goodness the court’s willing to review various cases.

BROWNBACK: I want to give you an example of a couple, though, that the court hasn’t reviewed yet that I think are spectacularly wrong.

The 1927 case of Buck v. Bell; I don’t know if you’re familiar with that case. The court examined a Virginia statute that permitted the sterilization of the mentally impaired. Buck, a patient at the so-called Virginia State Colony for Epileptics and Feebleminded, was scheduled to be sterilized after doctors alleged that she was a genetic threat to the population due to her diminished mental capacity.

Buck’s guardian challenged the decision to have Carrie sterilized all the way to the Supreme Court, but in an 8-1 decision the court found that it was in the state’s interest to have her sterilized.

Majority opinion written by Justice Oliver Wendell Holmes said, We have seen more than once that the public welfare may call upon the best citizens for their lives. It would be strange if it could not call upon those who already sap the strength of the state for these lesser sacrifices, often not felt to be such by those concerned, in order to prevent our being swamped with incompetents.

Clearly, some precedents are undeserving of respect because they’re repugnant to the Constitution. Isn’t Plessy repugnant to the Constitution?

ALITO: It certainly was repugnant to the equal protection clause.

BROWNBACK: And the vision of human dignity.

Isn’t Buck and those sort of statements by Oliver Wendell Holmes repugnant to the Constitution?

ALITO: I think they are repugnant to the traditions of our country. I don’t think there’s any question about that.

— CQ Transcriptions (2006-01-11): U.S. Senate Judiciary Committee Hearing on Judge Samuel Alito’s Nomination to the Supreme Court