Today is the 33rd anniversary of the Supreme Court’s decision in Roe v. Wade, which took the boots of the State from off the necks of millions of women across the United States. There’s a lot not to like about the specifics of the reasoning, and it’s sometimes frustrating that Roe is the ruling that we’ve got to celebrate, or at least defend. But January 22 is a jubilee day, the capstone victory of a remarkable, explosive struggle — which took place over the course of just under 4 years, from the decisive beginning of the pro-choice movement among radical feminists in early 1969, to the 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 feeling sorry for the poor girl in dire circumstances, to women demanding that they had a right to the determine how their own bodies will or will not be used.

Like most anniversaries, this one is partly about remembering and honoring. Today there are three things that I want you to remember, or to learn.

First, you should know all about two months that made all the difference. This is from Susan Brownmiller’s In Our Time: Memoir of a Revolution:

February 1969 was an important month in the abortion struggle. Larry Lader, a biographer of Margaret Sanger, summoned a handful of professionals in law and medicine to the Drake Hotel in Chicago for the organizing conference of NARAL, the National Association for Repeal of Abortion Laws. (NARAL became the National Abortion Rights Action League in 1974.) The conferees targeted specific states where they believed the repressive codes could be knocked down. New York, with its liberal constituency, was a top priority. Bills ranging from modest reforms (in cases of rape and incest) to outright repeal of all criminal penalties were already in the legislative hopper.

Betty Friedan, one of the main speakers at the Chicago NARAL meeting, reflected the changing political climate. At NOW’s founding convention in 1966, she had bowed to a clique that insisted that abortion rights were too divisive, too sexual, and too controversial for the fledgling organization, but since then a groundswell of younger members had stiffened her spine. NOW was being inundated by kids, one member observed. The kids from New York, Michigan, Ohio, Texas, and elsewhere pushed through an abortion plank at NOW’s 1967 convention.

And the kids were forging ahead with their own tactics. On the same wintry day in mid-February when NARAL’s founders were traveling to Chicago for their first conference six state legislators held a public hearing in Manhattan on some proposed liberalizing amendments to the New York law. Typical of the times, the six legislators were men, and the spekaers invited to present expert testimony were fourteen men and a Catholic nun.

On the morning of the February 13 hearing, a dozen infiltrators camouflaged in dresses and stockings entered the hearing room and spaced themselves around the chamber. Some called themselves Redstockings, and some, like Joyce Ravitz, wre free-floating radicals who were practiced hands at political disruptions. Ravitz, in fact, had been on her way to another demonstration when she’d run into the Redstockings women, who convinced her to join them.

As a retired judge opined that abortion might be countenanced as a remedy after a woman had fulfilled her biological service to the community by bearing four children, Kathie Amatniek leaped to her feet and shouted, Let’s hear from the real experts–women! Taking her cue, Joyce Ravitz began to declaim an impassioned oration. Ellen Willis jumped in. More women rose to their feet.

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

Why are you refusing to admit we exist? cried another.

Girls, girls, you’ve made your point. Sit down. I’m on your side, a legislator urged, raising the temperature a notch higher.

Don’t call us girls, came the unified response. We are women!

The hearing dissolved in confusion. When the chairman attempted to reconvene it behind closed doors, the women sat down in the corridor, refusing to budge.

Stories appeared the next day in the Times (Women Break Up Abortion Hearing), the New York Post (Abortion Law Protesters Disrupt Panel), and the Daily News. Ellen Willis slipped out of her activist guise to do a report for Talk of the Town in The New Yorker. Nanette Rainone filed for WBAI radio and the Pacfica network. Barely a month old, Redstockings, with an assist from the radical floaters, had successfully dramatized the need for woman as expert in the abortion debate.

Five weeks later, on March 21, 1969, Redstockings staged a public speak-out, Abortion: Tell It Like It Is, at the Washington Square Methodist Church, a hub of antiwar activism in Greenwich Village. For some Women’s Liberation founders, the speak-out was the movement’s finest hour. Astounding, is the way Irene Peslikis puts it. It showed the power of consciousness-raising, how theory comes from deep inside a person’s life, and how it leads directly to action.

Peslikis had organized the panel and coached the women who were willing to speak. The idea, she says, was to get examples of different kinds of experiences–women who’d had the babies that were taken away, women who went to the hospital for a therapeutic abortion, women who’d gone the illegal route, the different kinds of illegal routes.

Three hundred women and a few men filled the church that evening as Helen Kritzler, Barbara Kaminsky, Rosalyn Baxandall, Anne Forer, and a few other brave souls passed a small microphone back and forth. Baxandall broke the ice with a touch of humor. I thought I was sophisticated, she joked into the mike. My boyfriend told me if he came a second time, the sperm would wash away, and I believed him.

Another woman recounted, So there I was in West New York, New Jersey, and the doctor had these crucifixes and holy pictures on the wall, and all he wanted was nine hundred dollars. I took out a vacation loan and I’m still paying it off.

Judy Gabree hurtled forward. I went to eleven hospitals searching for a therapeutic abortion. At the tenth, they offered me a deal. They’d do it if I agreed to get sterilized. I was twenty years old. I had to pretend I was crazy and suicidal, but having the abortion was the sanest thing I’d done.

More women added their personal testimony. I was one of those who kept quiet. Irene Peslikis had asked me to be one of the speakers, but I chose an easier path and played Village Voice reporter. My front-page story, Everywoman’s Abortions: The Oppressor Is Man, was the only substantive coverage the landmark speak-out received. Some retyped it in Chicago for the Voice of the Women’s Liberation Movement newsletter, which carried the news to activists around the country.

Another journalist, in aviator glasses and a miniskirt, was taking notes in the church that evening. She hovered near Jane Everhart, a NOW member, and whispered What’s going on?

Everhart whispered back, Sit down and listen!

Gloria Steinem was a friend of Women’s Liberation in 1969, but she had not yet thrown in her lot with the movement. Her plate was already overflowing with causes. Gloria spoke out against the war in Vietnam on late-night talk shows, raised money for liberal Democrats and Cesar Chavez’s farmworkers, and wrote earnest pieces on all of her issues for the popular magazines. Genetically endowed with the rangy limbs and sculpted features of a fashion model, Steinem glided through the rarefied world of radical chic expertly building her political connections. Beneath the exterior of the celebrity journalist was a woman who yearned to save the world.

Steinem received a shock of recognition when a Redstocking quipped, I bet every woman here has had an abortion. Hers had been done by a Harley Street practitioner in London during the late fifties after she’d graduated from Smith. Later she would say that the speak-out was her feminist revelation, the moment that redirected her public path. That night, however, she was working on a tight deadline. She threw together a hasty paragraph for the political diary she wrote for New York magazine. Nobody wants to reform the abortion laws, she explained in print. They want to repeal them. Completely.

The Redstockings abortion speak-out was an emblematic event for Women’s Liberation. Speak-outs based on the New York women’s model were organized in other cities within the year, and subsequent campaigns to change public opinion in the following decade would utilize first-person testimony in a full range of issues from rape and battery to child abuse and sexual harassment. The importance of personal testimony in a public setting, which overthrew the received wisdom of the experts, cannot be overestimated. It was an original technique and a powerful ideological tool. Ultimately, of course, first-person discourse on a dizzying variety of intimate subjects would become a gimmicky staple of the afternoon television talk shows, where the confessional style was utilized for its voyeuristic shock value. Back then, personal testimony was a political act of great courage.

–Susan Brownmiller, In Our Time: Memoir of a Revolution, pp. 106–109

Second, you should know why they were out there, putting themselves on the line for this, and why doing that had such a remarkable impact in so short of a time. I think we can find some of the reasons in Lucinda Cisler’s wonderful, hauntingly prescient Abortion law repeal (sort of): a warning to women (1969).

… 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.

… Until just a couple of years ago the abortion movement was a tiny handful of good people who were still having to concentrate just on getting the taboo lifted from public discussions of the topic. They dared not even think about any proposals for legal change beyond reform (in which abortion is grudgingly parceled out by hospital committee fiat to the few women who can prove they’ve been raped, or who are crazy, or are in danger of bearing a defective baby). They spent a lot of time debating with priests about When Life Begins, and Which Abortions Are Justified. They were mostly doctors, lawyers, social workers, clergymen, professors, writers, and a few were just plain women—usually not particularly feminist.

Part of the reason the reform movement was very small was that it appealed mostly to altruism and very little to people’s self-interest: the circumstances covered by reform are tragic but they affect very few women’s lives, whereas repeal is compelling because most women know the fear of unwanted pregnancy and in fact get abortions for that reason.

… These people do deserve a lot of credit for their lonely and dogged insistence on raising the issue when everybody else wanted to pretend it didn’t exist. But because they invested so much energy earlier in working for reform (and got it in ten states), they have an important stake in believing that their position is the realistic one—that one must accept the small, so-called steps in the right direction that can be wrested from reluctant politicians, that it isn’t quite dignified to demonstrate or shout what you want, that raising the women’s rights issue will alienate politicians, and so on.

Because of course, it is the women’s movement whose demand for repeal—rather than reform—of the abortion laws has spurred the general acceleration in the abortion movement and its influence. Unfortunately, and ironically, the very rapidity of the change for which we are responsible is threatening to bring us to the point where we are offered something so close to what we want that our demands for radical change may never be achieved.

–Lucinda Cisler, Abortion law repeal (sort of): a warning to women, ¶Â¶ 2–10

Cisler goes on to review four different restrictions or limitations on abortion-law repeal that she thinks could make for just this sort of roadblock. One of the best sections in the essay is her discussion a restriction with which we are all too familiar in the post-Roe world:

3: Abortions may not be performed beyond a certain time in pregnancy, unless the woman’s life is at stake. Significantly enough, the magic time limit varies from bill to bill, from court decision to court decision, but this kind of restriction essentially says two things to women: (a) at a certain stage, your body suddenly belongs to the state and it can force you to have a child, whatever your own reasons for wanting an abortion late in pregnancy; (b) because late abortion entails more risk to you than early abortion, the state must protect you even if your considered decision is that you want to run that risk and your doctor is willing to help you. This restriction insults women in the same way the present preservation-of-life laws do: it assumes that we must be in a state of tutelage and cannot assume responsibility for our own acts. Even many women’s liberation writers are guilty of repeating the paternalistic explanation given to excuse the original passage of U.S. laws against abortion: in the nineteenth century abortion was more dangerous than childbirth, and women had to be protected against it. Was it somehow less dangerous in the eighteenth century? Were other kinds of surgery safe then? And, most important, weren’t women wanting and getting abortions, even though they knew how much they were risking? Protection has often turned out to be but another means of control over the protected; labor law offers many examples. When childbirth becomes as safe as it should be, perhaps it will be safer than abortion: will we put back our abortion laws, to protect women?

… 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, Abortion law repeal (sort of): a warning to women, ¶Â¶ 19, 21

Third, you should know what the women of Jane did in Chicago to help make their sisters’ ownership of their own bodies a reality, without the blessing of the male experts and in defiance of the male State. Here’s Brownmiller, again:

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

It’s important to remember that, although the occasion for celebrating January 22 is a Supreme Court decision, the repeal of abortion laws 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. Women who stood up for themselves, who challenged the authority of self-appointed male experts and law-makers, who spoke truth to power. Radical women 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. 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 Kathie Sarachild, Joyce Ravitz, Ellen Willis, Lucinda 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.

Today

The other thing that anniversaries are good for is to renew commitments and lead us forward. What’s going on today, and what can we do?

(These are links I caught throughout the day of January 22. Most of them came from Feminist Blogs or from NARAL’s Blog for Choice Day round-up.)

• GT 2004-01-22: Happy birthday to Roe!, GT 2004-03-08: April March, GT 2004-06-24: Pro-choice on Everything, Part I, GT 2004-11-18: Culture of Life, GT 2005-01-26: Let the hand-wringing begin, GT 2005-03-10: Don’t they know abortion is illegal in this country?, and GT 2005-11-03: Goodbye to All That. Again. cover most of what I might want to say today.

• Jaclyn, PopPolitics (2006-01-22): Say It With Me: Forced Pregnancy reminds us that abortion rights are part of a Freedom Movement. It’s half past time to take the gloves off, kids. The wingnuts did a long time ago. They both call us murderers and murder us with alarming alacrity. So let’s call their political aims for what they are: an assault on freedom, through the power of the State, in favor of forced pregnancy. (N.B.: See also GT 2004-06-24: Pro-choice on Everything, Part I and GT 2004-11-18: Culture of Life.)

• Cleis, Sappho’s Breathing (2006-01-22): Blogging for choice (and thereby blogging for life) stares down the hand-wringers: For many women, abortion is a difficult choice. For many women, it’s not. There is no moral value to the ease or difficulty with which a woman makes the decision. Amen. And: I want to change the discourse around abortion. As with so many issues, the Right has established the terms of the debate — nay, they have established the debate. There should be no debate about a woman’s right to choose to terminate a pregnancy. Without the basic right to bodily integrity, we are not free. It’s that simple. (Which reminds me of nothing so much as the thundering cadence of Andrea Dworkin’s voice: And if you want to continue to believe that this is a matter for debate, I want to tell how many women will die during the course of the debate.)

• media girl (2006-01-22): On religious fundamentalism and their culture of death, looks at the hard Right’s so-called Culture of Life in its natural environment.

• Jessica, feministing (2006-01-22): A look back on choice, including, among other things, awards for the hotly-contested Wackiest Anti-Choice Legislation and Strangest Anti-Choice Move categories.

• D.E.D. Space (2006-01-22): Today, the 33rd anniversary of Roe v. Wade, is as good a time as any to stop saying Roe v. Wade will never be overturned.: If you are a young woman and are reading this, consider it a big splash of cold water in your face. There are numerous (too many to count, actually) reasons why thousands of us have done everything in our power to get people to see the danger the entire country has been placed in by the Bush administration’s deception, Constitution-bashing, environment-destroying, and support of the wealthy at the expense of everyone else. But if that means nothing to you, maybe this will: the Bush administration and all who sail with them do not want you to exercise control over your own bodies. Find an older woman and ask her what it was like when women and girls had to travel hundreds of miles to get an abortion, or when abortions were done by people with little skill, resulting in infection, sterility, and even death. Ask her what it was like when the wealthy got abortions, but everyone else got maimed, or had no procedure done at all. Ask her what it was like when men decided that pregnancy was irreversible, even if those same men and their sons and brothers failed to take responsibility for birth control.

• Pseudo-Adrienne’s Liberal Feminist Bias (2006-01-22): Blogging For Choice and in Celebration of Roe reviews the threats to abortion rights today and celebrates three heroes — Dr. Mildred Hanson, Dr. Jane Hodgson, and Rev. Howard Moody — who helped women through the abortion underground before Roe, and are speaking out (on behalf of Planned Parenthood) because they know why we can never go back.

• Elayne Riggs (2006-01-22): A little bit pregnant: Today is Blog for Choice Day, and I’m going to blog as someone without a choice. . . . Regardless, the fact that fate has denied me a childbearing choice does sadden me when I think about it, so I get livid when I see people wanting to legislate other women’s lives and bodies — our bodies! — by denying them choices as well. Everyone has a different circumstance that leads her life path into a women’s clinic; how can you presume to know each one? You can’t; they’re private, they’re none of your business unless you know the women personally (and even then it’s not your body so it’s not your decision to make), and you’ve no moral standing on which to pass judgment.

• Put on Your Big Girl Panties and Deal With It (2006-01-22): A Revelation …: Where I work, we see women every day who live in situations ranging from unfortunate and disadvantaged to truly desperate and terrible. Some of these women have been sexually and/or physically abused, sometimes repeatedly throughout their lives, often by the individuals they should have been able to trust most. Some of them are inescapably poor with no education, no job and no prospects. Some of them abuse drugs and/or alcohol. Some of them are young, still in school and still children themselves. They have upset and disappointed their families who then abandoned them just as the father of the child has abandoned them, leaving them to face pregnancy and motherhood virtually all alone. Many of these women believe they are in no shape physically, socially or mentally to carry or parent a child. It is my firm belief that we must respect the fact that they understand their own situations and personal limitations better than we do.

• Femmefire, Tennessee Guerrilla Women (2006-01-22): Remembering the Price of Freedom On the Anniversary of Roe. I can’t describe it. Just read the whole thing.

• Aspazia @ Mad Melancholic Feminista (2006-01-22): Happy Birthday Roe, and Thank You reminds us, by excellent and moving example, of how the personal is political. My mother’s commitment to women’s health and her compassion for all women’s stories has inspired me to write this blog entry on the 33rd anniversary of Roe v. Wade. I am thankful that my mom was given a safe and legal abortion so that she could be the inspring mother towards my brother and I that she was. I am also grateful that she dedicated her life to understand and care, as a nurse should, about all women and their health risks–emotional and physical–and strive to help others become more compassionate as well.

• Egalia, Tennessee Guerrilla Women (2006-01-22): Roe v. Wade Anniversary Events promotes the demonstration, short speeches, music and general rabble-rousing for a woman’s right to abortion, held today and tomorrow in Nashville.

• Consider taking some direct action today, in the tradition of Jane: providing direct help to women who need abortions and don’t have time to wait on lobbying or squabbles over old men in black robes. Donate to your local abortion fund.

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

For the past week, there’s been a lot of hubbub over All Things Beautiful’s Ten Worst Americans challenge. For a lot of reasons, I don’t have a comprehensive list, and I’m not that keen on the whole project (there’s lots of evil and ugliness in the world without going out of your way to seek it out, compile it, and cross-index it; I have no idea what the criteria would be for choosing ten people as more evil than any others; and I think that most of us are already far too fascinated with and fixated on demonology as it is). So I don’t have a Worst Ten list to provide. But I do have a list of additions that I think ought to be there, if lists are to be made. Coming out for the left-liberal corner we have Ampersand at Alas, A Blog (2005-12-27) with a list of seven villains, Patrick at Tiberius and Gaius Speaking… with a list of ten, and Glenn Greenwald and Hypatia at Unclaimed Territory (2005-12-28) with another ten to throw on the barbie. With the exception of Glenn’s silly inclusion of Harry Blackmun, they are pretty much right, as far as it goes, but there are some notable names that I notice tend to get left out. I suggested some additions at Alas and some dishonorable mentions at Tiberius and Gaius, which have been followed up with some debate.

Here’s my contribution of evildoers. I make no attempt to be comprehensive — there are lots of truly rotten people who aren’t on the list, mainly because they are mentioned elsewhere. But these folks are truly rotten, and often overlooked — sometimes because they get shoved out of the way by contemporary contenders that contemporary writers tend to give disproportionate space to, sometimes because the villains are overlooked by pop history anyway, and sometimes simply because political blinders prevent their names from being given serious consideration. The interesting thing is that the blinders rarely constitute defenses of their deeds — although in at least two of the three cases I discuss with Patrick that is what’s happening. It’s just that, for whatever reason, some folks whose crimes are readily admitted, if mentioned, aren’t thought of when you sit down thinking Who should I put down as a terrible evil-doer? I have some ideas about the reasons behind that, but I’d be interested to hear what you think in comments, too.

In any case, here’s my unordered list of overlooked evildoers, cobbled together from my suggestions elsewhere:

• Harry S. Truman. He ordered or approved the murders of 500,000 – 1,000,000 Japanese civilians over the course of half a year in 1945.

• Curtis LeMay. He carried out the murder of 500,000 – 1,000,000 Japanese civilians over the course of half a year in 1945. He planned and carried out the low-altitude firebombing of Kobe, Tokyo, and 65 other Japanese cities. A nuclear maniac who explicitly denied that there were any innocent bystanders in war, went on to coin the phrase bomb them back into the Stone Age (in reference to the Vietnam War), and went on to become George Wallace’s running mate in 1968, on a platform of white supremacy and more militant anticommunism. During World War II, he repeatedly indicated his belief that the Japanese deserved wholesale slaughter of civilians, and his own public statements and the reminiscences of the soldiers who served under him reveal him as simply reveling in death and destruction.

• Franklin Delano Roosevelt, a pseudo-leftist demagogue who created the military-industrial complex; imprisoned political opponents; seized sweeping censorship powers; pandered to the worst sorts of racism, first in his political alliances with arch-segregationist Dixiecrats and then in whipping up war fever for war against Japan; ordered internment of Japanese-Americans; happily allied with, propagandized for, and consigned 1/2 of Europe to the totalitarian terror of, Joseph Stalin; and became one of the three men who came the closest to becoming a dictator in the United States.

• Woodrow Wilson, unreprentant liar and war-monger, KKK fan, arch-segregationist, ardent anti-feminist. His published academic work delighted in white supremacist myth-making; his warmongering drew the United States needlessly into one of the worst and most senseless wars in world history; he built a slave army with the second federal draft in American history, and shredded civil liberties with abandon, happily imprisoning political opponents both during and after the War and presiding over the devastating Palmer Raids. Wilson is one of the three men who came the closest to becoming a dictator in the United States.

• George Fitzhugh, who fused the worst elements of statist utopian socialism with a nostalgic view of feudal hierarchy to provide the most militant theoretical defense of white supremacy and race slavery in the prewar South. He authored Slavery Justified, Sociology in the South, and Cannibals All!.

• William Tecumseh Sherman, one of the inventors of modern scorched-earth warfare, ravager of the South and murderer of Southern civilians. Sherman followed up his most famous role by pursuing genocidal campaigns against the Plains Indians and Indians in the Southwest from 1869 until his retirement in 1884.

• James Eastland, the militant white supremacist Senator from Mississippi, mad dog McCarthyist, and founding father of the White Citizens Councils.

• In addition to another Alas commenter’s suggestion of Larry Flynt, I’d also like to add Chuck Traynor, the pimp / pornographer / rapist / batterer / slave-driver who forced Linda Boreman into Deep Throat (among other pornography) and played an instrumental role in founding the mass-market, above-ground film pornography industry in the U.S. through repeated filmed rapes.

• Sergio Méndez reminded me that Ronald Reagan certainly needs a mention, yet he seems notoriously absent from many of the lists. I mention him here not because I think he’s often overlooked on lefty lists of rotten people, but rather because I think the primary reasons to include him — his complicity in the formation of the death squads of El Salvador and the plainly genocidal massacre of some 200,000 Indians in Guatemala — is often overlooked in favor of a frankly silly focus on his contributions to the rhetoric of the contemporary Right in America.

The exercise, whatever its demerits, does seem to be a good conversation-starter. What do you think?

We identify with all women. We define our best interest as that of the poorest, most brutally exploited women. —Redstockings Manifesto (1969)

December 17th is the International Day to End Violence Against Sex Workers. The commemoration began from the Sex Workers’ Outreach Project‘s memorial and vigil for the victims of the Gary Ridgway, the Green River Killer. Since then its purpose has expanded to a memorial for, and protest against, all forms of violence against women in prostitution and elsewhere in the sex industry.

I’m opposed to prostitution as an industry, on radical feminist grounds. I frankly have very deep and sharp differences with the organizers of the event, and I’m iffy at best towards the rhetorical framework of sex work as a whole, for reasons that are way beyond the point of this post). But so what? The day is an important one no matter what differences I may have with the organizers. Real steps towards ending the ongoing daily violence against women in prostitution and elsewhere in the sex industry are more important than that; here as much as anywhere — probably more than anywhere else — women’s lives are at stake.

Women in prostitution, especially, have always been the first to suffer and the last to be protected from the very worst forms of men’s intimidation of, harassment of, scorn for, and violence against women. They have been the first and most common victims of almost every serial rapist-murderer, from the eleven women mutilated and murdered by Jack the Ripper to the 48 or more women raped and murdered by Ridgway. But the most lurid and well-known cases are only the purest expressions of the hatred, terror, and violence that pervades our culture and that all too many women in prostitution face every minute of every working day of their life. They are spat upon, robbed, raped, attacked, ignored, and left to die by the men who hold power — as pimps, as johns, as opportunistic cops, and as sanctimonious politicians. A serious commitment to freedom for, and an end to violence against, women means a serious commitment to end violence against women in the sex industry. All of it. Now and forever.

That means fighting back against rape and assault, no matter who the victim is or how she puts food on the table.

That means resisting sexist contempt against women in the sex industry. And its hideous offspring, the killing cruelty of malign neglect when women in prostitution are attacked, robbed, raped, or killed.

That means going to the streets and helping women in prostitution — with food, with money, with legal aid, with emotional support, with condoms, with transportation, with referrals to clinics and shelters if they need it. For exactly the same reasons that we help any other women at risk of battery or rape. It means options and hope.

That means stopping pimps who beat and rape and steal.

It means stopping johns who believe that their money buys a woman’s body and gives them the right to do anything they want to her, whether she agrees or not.

It means stopping cops and prosecutors who respond to these crimes with a shrug of indifference or a sneer of whore.

And ending violence against women in prostitution also means ending State violence against women in prostitution. All of it. Law enforcement comes from the barrel of a gun, and criminalizing women in prostitution means authorizing cops to attack them. Ending violence against women means decriminalization of prostitution; it means an end to cops, guns, clubs, cuffs, jail for women who are just trying to get by in peace. It means an end to the misogynist audacity of conservative pols who use violence against women in prostitution as one of the primary excuses for attacking those women with the sword of the Law. If you want someone to go after, there are plenty of abusive pimps and johns and traffickers out there to go after. Please. For the love of God.

And while statements are important, it also means more than making statements. Today I contributed $50.00 to Alternatives for Girls, a nonprofit near here in Detroit, which (besides a lot of other worthwhile projects) runs a life-saving Street Outreach Project aimed at homeless women and women in prostitution. The Street Outreach Project uses a van as a mobile base, and sends teams through the streets of southwest Detroit and the Cass Corridor offering food, clothing, and shelter, along with HIV prevention materials, crisis intervention, rides for medical services, and referrals. They also organize support groups, activities, and case management services. I hope that you’ll do something similar — if you want to contribute to Alternatives for Girls specifically, you can contribute money, donate items from their wishlist, or volunteer.

For New Yorkers, the Sex Workers Project of the Urban Justice Center provides legal aid, legal training, and documentation for women in prostitution, whether by choice, circumstances, or coercion. You can help them out with a monetary donation.

If you know of other projects that provide direct safety or legal aid services in other towns, please feel free to add links to them in the comments.

May we all live free
in the glory and joy of life
that every human being deserves.

— Daisy Anarchy, I deserve to be safe

Remember. Mourn. Act.

Some days you just wish that you had a GuerrillaSign, like a church bell or a big spotlight that you could shine up on the clouds to call for the Guerrilla Girls wherever they were needed.

A gallery has replaced a painting of a naked man with a female nude after it received dozens of complaints.

The Mark Jason Gallery, in Bell Street, Marylebone, removed the offending image by artist Edd Pearman after more than 30 men voiced their objection.

Some said the picture would upset women, others said it was pornographic.

Mark Jason said: We did not anticipate just how uncomfortable and angry London men would feel about Edd’s screenprint of the naked man.

— BBC 2005-12-10: Male nude a flop with men

Thank goodness that family-friendly female nudes were ready at hand to replace it with. And thank goodness that those selfless men were there to speak up. How else would Mr. Jason have ever found out that the picture would upset women?