Rad Geek People's Daily

official state media for a secessionist republic of one

Posts tagged Texas

News from the front, or: Andrea Dworkin Was Right #4

(Link via Amazonfemme 2005-01-06.)

FORT WORTH, Texas – A man sentenced to just four months in prison for killing his wife, after a jury concluded he acted in a blind fury, drew a 15-year term for wounding her boyfriend.

The jury at his 1999 trial found Watkins guilty of murdering his wife but decided he acted with “sudden passion” when he discovered her with Fontenot.

In a decision that provoked an outcry, the jury recommended 10 years’ probation. Because of the jury’s recommendation, the most the judge could have given Watkins was six months behind bars. He sentenced Watkins to four months.

Watkins had admitted the attack but claimed temporary insanity. Texas defines “sudden passion” as being so overcome by rage, resentment or fear that the defendant is “incapable of cool reflection.” Jurors said they recommended probation because they didn’t think Watkins could be rehabilitated in prison.

— The Miami Herald (2005-01-06): Man Sentenced in Attack on Wife’s Lover

(Links and commentary from Pinko Feminist Hellcat 2005-04-21: As long as we’ve got our priorities straight, Mr. Altman, Pinko Feminist Hellcat 2005-04-21: You broads have no sense of humor, feministing 2005-04-21, Pseudo-Adrienne at Alas, A Blog 2005-04-21, and Hopelessly Midwestern 2005-04-22, inter alia. I read most of these through Feminist Blogs, of course.)

(Columbia) April 20, 2005 – The State House took up two pieces of legislation this week aimed at protecting two different groups. Up for debate was cracking down on gamecock fighting and protecting victims of domestic violence.

A bill protecting cocks passed through the House Judiciary Committee. Rep. John Graham Altman (R-Dist. 119-Charleston) was in favor of the gamecock bill, “I was all for that. Cockfighting reminds me of the Roman circus, coliseum.”

A bill advocates say would protect victims against batterers was tabled, killing it for the year. Rep. Altman is on the committee that looked at the domestic violence bill, “I think this bill is probably drafted out of an abundance of ignorance.”

Both cockfighting and domestic violence are currently misdemeanor crimes, punishable by 30 days in jail. If the bill passes, cockfighting will become a felony, punishable by five years in jail. Domestic violence crimes will remain a misdemeanor.

Rep. Gilda Cobb-Hunter (D-Dist. 66-Orangeburg) says of the two bills, “What we have said by the actions of the Judiciary Committee is we aren’t going to create a felony if you beat your wife, partner. But now, if you’ve got some cockfighting going on, whoa! Wait a minute.”

Rep. Altman responds to the comparison, “People who compare the two > are not very smart and if you don’t understand the difference, Ms. Gormley, between trying to ban the savage practice of watching chickens trying to kill each other and protecting people rights in > CDV statutes, I’ll never be able to explain it to you in a 100 years ma’am.”

Rep. Cobb-Hunter says, “The reality is the law says domestic violence regardless, first, second or third offense is a misdemeanor, and what they passed yesterday says cockfighting is a felony.”

Rep. Altman spoke about domestic violence, “There ought not to be a second offense. The woman ought to not be around the man. I mean you women want it one way and not another. Women want to punish the men, and I do not understand why women continue to go back around men who abuse them. And I’ve asked women that and they all tell me the same answer, John Graham you don’t understand. And I say you’re right, I don’t understand.”

Gormley, “So it’s their fault for going back?”

Altman, “Now there you go, trying to twist that too. And I don’t mind you trying. It’s not the woman’s fault, it’s not blaming the victim, but tell me what self respecting person is going back around someone who beats them?”

— WISTV 10, Columbia, SC (2005-04-20): Judiciary Committee passes cockfighting bill, tables domestic violence bill

(More from Trish Wilson 2005-04-21)

The bill’s name is “Protect Our Women in Every Relationship (POWER)”. Mr. Altman had wondered why only women were mentioned, and not men. This isn’t about abused men. It about abused women because the vast majority of domestic violence victims are female.

One of the jokes committee members made had to do with the title of the bill. Judiciary Committee chairman Jim Harrison wanted to change it from “Protect Our Women in Every Relationship (POWER)” to “Protecting Our People in Every Relationship” Act, or “POPER.” A voice on the tape can be heard pronouncing it “Pop her.” Another voice then says, “Pop her again,” followed by laughter. Harrison said the advocates for abused women were “overreacting” and the comments weren’t intended to diminish the gravity of domestic violence. “If you take it that way, you’re overly sensitive,” he said.

Meanwhile, in the writings of insane radical feminists who nobody listens to or has even heard of and are clearly hysterical and completely out of touch with reality and who don’t ever write about politics anyway:

The state is male in the feminist sense: the law sees and treats women the way men see and treat women.

–Catharine MacKinnon (1989), Toward a Feminist Theory of the State, Chapter 8 ¶ 11

And:

There is not a feminist alive who could possibly look to the male legal system for real protection from the systemized sadism of men. Women fight to reform male law, in the areas of rape and battery for instance, because something is better than nothing. In general, we fight to force the law to recognize us as the victims of the crimes committed against us, but the results so far have been paltry and pathetic.

–Andrea Dworkin (1979), For Men, Freedom of Speech; For Women, Silence Please, in Letters from a War Zone

Anarquistas por La Causa

Today, 31 March 2005, is César Chávez Day–the 78th anniversary of Chávez’s birth near Yuma, Arizona, and a state holiday (I’m told it’s officially celebrated in California, Arizona, Colorado, New Mexico, Texas, Utah, and Michigan) commemorating his lifelong work as an union organizer, agitator, and Chicano activist in the Southwestern United States. Chávez, together with Dolores Huerta, co-founded the ground-breaking United Farm Workers, and organized and inspired a generation of organized labor and Chicano community activists. Hugo Schwyzer has some more thoughts on Chávez’s legacy today; and of course you can find plenty to read from the United Farm Workers’ website.

As far as commemorating Chávez goes, they’ve said it better than I could. I’ll be commemorating the day by talking some more about libertarianism, organized labor, and the struggle of farmworkers in southern Florida–the workers organized by Coalition of Immokalee Workers and the Taco Bell Boycott they launched and, just a few days ago, won–a campaign that was directly inspired by the UFW grape boycott that Chávez helped craft and win, and a campaign that was thrilled to receive the UFW’s endorsement in August 2001.

A few days ago, I prodded Daniel D’Amico in this space and in commentary on his blog over his criticisms of the Taco Bell boycott. He’s since come back with a reply to my prodding and to some similar concerns raised by other commentators. And since we have a nice convergence between the date and a question that might be of some interest–that is, libertarianism and labor, and the compatibility of principled anti-statism and a fighting labor movement–I figured that now is as good a time as any to offer a response to the response.

Before we begin, though, let’s hop onto a long tangent about terminology. Daniel leads off his argument by saying:

The Austrian school and libertarianism alike are against government control of market transactions, but the CIW appears to be refraining from such tactics, so what’s my problem anyway? Simply put I believe, there are more ways to be anti-capitalist than just using government. Mainly promoting ideas that capitalism is evil or claiming it resorts to rampant market failure are, in my view, anti-capitalist.

Some of Daniel’s other commentators had asked him what he thought made the boycott anti-capitalist, but I didn’t and I’m not going to. I don’t have any strong opinions on whether or not the Taco Bell boycott is anti-capitalist because I haven’t got any strong opinions about what capitalism (or, a fortiori, anti-capitalism) means. It seems to me that has been used to describe at least three different things, two of which are mutually exclusive and one of which is independent of those two. These are:

  1. The free market: capitalism has been used, mostly (but not exclusively) by its defenders to just mean a free market, i.e., an economic order that emerges from voluntary exchanges of property and labor without government intervention (or any other form of systemic coercion).

  2. The corporate State: capitalism has also been used, sometimes by its opponents and sometimes by the beneficiaries of the system, to mean a corporate State–that is, active government support for big businesses through instruments such as subsidies, central banking, tax-funded infrastructure, development grants and loans, special tax exemptions, funding plants, acquiring land through eminent domain, government union-busting, and so on down the line. Since government intervention is always, by nature, either services funded by expropriated tax dollars or regulations enforced from the barrel of a gun, it’s worth noting that being capitalist in the sense of a free marketeer requires being anti-capitalist in the sense of opposing the corporate State, and vice versa. The fact that state socialists and the anti-communist Right have spent the past century systematically running these two distinct senses of capitalism together (in order to make it seem that you had to swallow the corporate State if you believed in the free market–which the Marxists used for a modus tollens and the Rightists used for a modus ponens) doesn’t make these two any less distinct, or any less antagonistic.

  3. Boss-directed labor: third, capitalism has been used (by for example, Marxians and socialists who are careful about their use of language) to refer to a specific form of labor market–that is, one where the dominant form of economic activity is the production of goods in workplaces that are strictly divided by class. Under capitalism in the third sense, most workers are working for a boss, in return for a wage; they are renting out their labor to someone else, in order to survive, and it is the boss and not the workers who holds the title to the business, the shop, and the tools and facilities that make the business run. (Or, as the Marxists would have it, the means of production.) It’s worth noting that capitalism in this third sense is a category independent of capitalism in either of the first two senses: there are lots of different ways that a free labor market could turn out (it could be organized in traditional employer-employee relationships, or into worker co-ops, or into community workers’ councils, or into a diffuse network of shopkeeps and independent contractors) and someone who is an unflinching free marketeer might plump for any of these, or might be completely indifferent as to which one wins out; whereas an interventionist statist might also favor traditional employer-employee relationships (as in Fascism) or any number of different arrangements (as in various forms of state socialism).

With these distinctions on the table, it’s worth pointing out that many 19th century libertarians–Benjamin Tucker chief among them–who considered themselves both radical free marketeers and radical critics of capitalism; what they meant was that they attacked capitalism in senses (2) and (3)–holding that state intervention on behalf of big business was unjust and at the root of most social evils, including the exploitation and impoverishment of workers which they identified as being part and parcel of capitalism in the third sense. (They also believed that exploitative and impoverishing practices would collapse in a free market; although many of the practices of landlords, bankers, bosses, etc. were not coercive in themselves, Tucker and his circle argued, they were evils that workers would not put up with if it weren’t for a background of systemic coercion and restriction of competition. So they were worth railing against, even if they were not themselves forms of aggression.)

I point all this out because I don’t think there’s actually anything about being a libertarian, or an Austrian about economics, that requires you to plump for capitalism in the second or third senses. Both Austrian economics and libertarian theories of justice require you to be a free marketeer, of course, but whether that makes you capitalist, anti-capitalist, or just doesn’t decide the matter one way or another depends on how you pin down the term capitalism. Part of my worry is that the way that statists have jammed together three completely different concepts under the chimerical term capitalism has tended to blind libertarians, in the 20th century, to some of the insights that their forbearers in the 19th century had. The idea is usually that if something is anti-capitalist, it is therefore anti-libertarian. But that only follows if it’s anti-capitalist in the sense of wanting to use violence to intervene in the free market. My worry is that Daniel has probably got a good argument for showing that CIW’s actions are anti-capitalist in senses two and three, and mistakenly figured that undermining capitalism in those senses tends to undermine capitalism in the first sense, and therefore destructive. In order to try to avoid confusion on the matter, I’m going to be sticking to the term free market when I talk about what Austro-libertarians are committed to defending.

With that out of the way, let’s look at what Daniel objects to in the rhetoric of the Taco Bell boycott and its supporters. Here’s one objection:

Simply put I believe, there are more ways to be anti-capitalist than just using government. Mainly promoting ideas that capitalism is evil or claiming it resorts to rampant market failure are, in my view, anti-capitalist.

There are two things that this might mean.

  1. It might mean that you can undermine capitalism in the sense of the bosses’ labor market without going for government intervention. That’s certainly true, but it’s not yet clear that this is a vice. If you think (as I do) that there are serious economic problems with the sort of bureaucratic, boss-controlled, centralized, top-down corporate commerce that rose to dominance in the 20th century, then undermining that–by pointing out, for example, that it typically involves crippling knowledge problems, fosters a culture of petulant entitlement among the decision-makers, exploits the workers and systematically shuts them out of important channels for autonomous and rewarding labor, and so on–then undermining capitalism in that sense can only be counted as a good thing. If you also think that the cultural and material conditions created by boss-directed labor profits from and tends to promote the growth of corporate statism that expropriates wealth in order to support the bosses, then that gives you even stronger libertarian reasons to support anti-capitalist agitation in this sense. And indeed there are good reasons for Austrians and their fellow-travelers to think these charges against boss-centric are solid–the knowledge problems that Mises, Hayek, and Rothbard pointed out in central planning also apply when that central planning is done by bureaucratic corporations; the potential of free market competition ameliorates the problem but doesn’t eliminate it, and if decisions are being made on the margin in a market that is already dominated by centralized interlocking bureau-corps, which are supported not only by their existing market share but also by a network of cultural attitudes towards work and jobs, it looks like it is going to be a long, hard struggle to undermine those structures and make the threat of serious competition into a practicable reality. The sort of long, hard struggle, in fact, that groups like the CIW are, at their best, engaged in.

  2. On the other hand, this might mean that there are ways to undermine the free market other than calling down the government. That’s true, I guess, but it’s unclear that the things Daniel cites are examples of it. It’s true that spreading economic fallacies is dangerous, and undermines people’s willingness to stand up for economic freedom even if the person spreading the fallacies isn’t personally calling for government intervention. But whether saying capitalism is evil or that capitalism involves frequent and systemic market failures does that or not depends on whether the critic is using capitalism in the first sense, the second sense, the third sense, or an unstable congerie of different senses. If it’s in the first sense, then clearly it involves an economic fallacies–liberty as such is always an economic (and moral) good, and the Austrians have shown that, while the utopia of neo-classical equilibrium is just that–utopian nonsense–liberty doesn’t create systemic market failures, but rather creates the opportunities and incentives to overcome them. But if capitalism is being used in the sense of the corporate State, then both the condemnation and the accusation of systemic market failure are obviously right. If it’s being used in the sense of boss-directed labor, then the charges involve economic fallacies and undermine the free market only if you think that boss-directed labor is a necessary condition for a free market (which it obviously isn’t), or a necessary condition for a flourishing free market (which is a premise that has not yet been convincingly argued). In fact, I’d say that the history of big business support for stifling Progressive regulation–cf., for example, Gabriel Kolko’s The Triumph of Conservatism–the economic record of big corporations over the past century, and the considerations about bureaucratic planning that I mentioned above are all very good reasons for saying that the link doesn’t exist, that if anything boss-directed labor is corrosive to the free market, and that if it takes a fighting union to weaken or supplant it, then that’s as good an argument as any for vibrant, agitating, government-free union organizing.

    Now, it’s true that most labor organizers and labor activists today are hardly consistent libertarians, and it’s likely that their rhetoric is going to jostle back and forth between different meanings as they go along just as much as when anyone else uses the terms. But that’s not a reason to issue a blanket criticism of the action as anti-market; it’s a reason to call for a clarification of the argument, and an attempt to grasp the dominant principle in the particular case–as stated in their talk and as manifest in their actions. Coming back to the CIW and their supporters specifically, it would be a lot easier to convict them of being swayed mainly by anti-market maxims if they were, for example, a State-protected union, or if they were calling for State action against Taco Bell or its contractors, or if they were proposing that the free market in farm work is the problem, rather than the practices of specific farm employers. But they aren’t; they are making a point specifically about the common labor practices of farm employers in southern Florida, as far as I know aren’t attributing their evils to the free market (maybe their supporters in JVC were making this claim; I don’t know), and they did a lot of really quite fascinating and groundbreaking work in doing labor organizing and achieving goals without the suffocating help of the federal labor bureaucracy. All of these facts are well worth noting when we try to piece out what we should think of as the dominant trends in CIW’s campaign.

The other strand of Daniel’s objection I find a lot more puzzling: he objects that their means (boycotting) are not efficient in obtaining their ends (higher real wages and living conditions for the Immokalee workers), that this is so because the boycott strategy ignores the effects that a drop in demand for tacos will have on wages related to the production of tacos, and so that alternative means would be more effective at obtaining the ends of higher wages and living conditions for the Immokalee workers.

It seems to me that the question of obtaining the end has already been settled now that the boycott has been won. Taco Bell established a pass-through program, the workers will be getting more money, and whatever effects the slow-down in Taco Bell sales might have had on the workers have now ended with the boycott. Workers will be getting about $100 more or so per year, and the amount will increase if CIW can leverage their success in the Taco Bell campaign to convince other companies to adopt a similar policy. So I’m especially puzzled by Daniel’s argument that the drop in demand for tacos (and thus tomatoes) hurts the CIW workers rather than helping them. Sure, the boycott may have hurt their income for the three years of the boycott–although my suspicion is that the change on the margin per worker was probably pretty negligible. But people make decisions that will result in less income for the short term in order to get a better result in the long term all the time. Boycotts and strikes are an example; so are school, investment, and quitting your job in order to become an entrepreneur. One thing you have to keep in mind here is that it was the workers themselves who decided that the trade-off of potential present losses for future gains was worth it; that doesn’t guarantee that the decision was a wise one, but it’s certainly not a bizarre sort of decision to make and here, at least, it seems to have begun to pay off.

Daniel’s right to point out that the Taco Bell boycott didn’t encourage consumers to patronize competing tomato-purchasing industries (in order to keep tomato prices steady or raise them by increasing demand for substitute uses of tomatoes, while encouraging Taco Bell to change its ways in order to recapture some of the lost business). But surely here he has misunderstood the strategy behind the boycott. Tomato-pickers aren’t paid directly by the tomato-using industry that consumers buy from; they’re paid by big tomato farmers, who put sell their tomatoes to Taco Bell, Pizza Hut, Heinz, Pace, et al. as contractors. Since none of those competing tomato-users has a pass-through system either, there’s no reason why the boycott should want to funnel business to them; that would merely be shifting business from one sharp dealer to another; and while it might give Taco Bell an incentive to change its ways, it would reward other tomato-using companies for engaging in exactly the same practices as Taco Bell.

Further, Daniel’s too uncharitable to the CIW when he suggests the following as an alternative, higher-valued use of resources that the CIW could have employed:

Any form of productivity. Allegedly the housing prices in the Immokalee area are exorbitant, and contribute to the poverty conditions of those who live there. So this is an entrepreneurial area that could host the energy of riled activists that is instead being diverted by this boycott. If these activists were instead producing houses, clothes, and consumable goods to be exchanged with the Immokalee workers they would be more successful in improving their quality of life.

But look, these are things that the CIW is already working on. They have already established, among other things a (tremendously successful) grocery store in Immokalee (run on a co-op model, providing goods at near-wholesale prices) and a multilingual community radio station (which helps keep workers communicating and up-to-date on community news). CIW isn’t just a fighting labor organization–although it is that; it’s a community organization and they’ve put a lot of resources into improving living conditions in Imokalee on the ground. They’ve done this in a lot of ways: by putting money into producing community resources, by organizing general strikes and boycotts to negotiate higher wages, by exposing slavery rings, fraud, and violence in the fields (sometimes through the government, sometimes through the press, and sometimes through direct action by workers). The workers have made their decisions about when and how to apply their resources by developing strategies over time to prioritize their needs, and when they launched the Taco Bell boycott it was because they decided it would be worth it to use some resources in the boycott in order to gain better pay and conditions later using a public education and pressure campaign. Now, the mere fact that they decided that this would be best doesn’t mean that they were right; but it’s important to see that their decision wasn’t different in kind from any number of other decisions in the free market, such as: quitting your job, going back to school, starting your own business, investing your money in what you think will be a winning stock, buying a tool, etc. There are plenty of cases where each of these decisions would be wise and plenty where each would be foolish; that depends a lot on the specifics of the case at hand. In this particular case, it looks like the boycott has paid off nicely for the workers–both in direct results and in precedent for future campaigns–and unless you can come up with some pretty specific plans and give some pretty strong reasons in favor of thinking that they would have been a better way to improve farmworkers’ quality of life, I think the presumption is going to be in favor of chalking this campaign up as a good move for the workers.

Of course, you might instead argue that it benefitted the workers, but only at the expense of either Taco Bell, or consumers, or both. That’s a separate argument, but it’s one worth worrying about when we talk about campaigns in which part of the outcome is raising the price of a consumer good. But of course here we need to keep a couple of things in mind. First, the marginal increase in price of the tomatos for Taco Bell is $0.01 per pound of tomatos; in total it will cost Taco Bell about $100,000 / year more than they spent before. If Taco Bell eats that cost it will hardly be noticed, and if the fraction of that cost on the margin is passed on to Taco Bell patrons, it will hardly make a difference. But also, second, that even if the change were likely to make a difference on the margin, that doesn’t necessarily mean that the change in price comes at the expense of the people buying the tacos. One way to look at CIW’s strategy in the Taco Bell boycott is that they were working to earn more money for themselves by changing consumer preferences; what they aimed to do, and succeeded in doing enough to win the boycott, was to educate Taco Bell consumers and get them to recognize the worth of a decent standard of living for farmworkers, and to take that value into account when they deliberate over purchasing a taco. Of course, once they take that into account, they will be willing to pay more for the taco in order to secure the decent standard of living for farmworkers. But it’s not at all clear that this is an loss to them. Sure, it means more money going out, but it’s money being exchanged for something they now value. You could argue that they only ought to value the pleasure of eating the taco, and drop the sentimental concerns about farmworkers; but Jesus, why would you argue that? The market isn’t an arena for machines to maximize their store of precious metals or for hedonic calculators to maximize their bodily pleasures; it’s a process that emerges from the deliberations that free human beings make about what they want and how they can achieve it. People have every right to value tasty food, of course, but they have just as much right to value solidarity with fellow workers, concern for fellow human beings, charity for people suffering, and a lot of other things that come into play when we think about the labor practices of the people we do business with.

Finally, Daniel is again too uncharitable when he worries that the CIW’s practices and demands aren’t as free of government meddling as I’ve made them out to be. Let me be clear–as far as I know, CIW aren’t principled anarchists; while I’m excited about the model of organizing that they’ve developed, and I think their successes have a lot to do with the fact that they are free from both the worm of government union protections and the hook of government union controls, I don’t claim that they’re any kind of infallible resource. My point here has been to draw out the aspects of them that have something to teach libertarians. But it’s not fair to accuse them of grabbing for government backing based on this line from their press release:

The Company indicated that it believes other restaurant chains and supermarkets, along with the Florida Tomato Committee, should join in seeking legislative reform, because human rights are universal and we hope others will follow our company’s lead.

It’s not fair because (1) the statement about seeking legislative reform came from Taco Bell, not from the CIW; and because (2) it’s not specified what sort of legislative reform they mean. There are two different things that CIW has objected to in southern Florida: (1) the prevalent low wages and harsh working conditions; and (2) the use of fraud, coercion, and outright slavery against immigrant farm workers. Both of the complaints were part of the Taco Bell boycott campaign, and if the legislative reform is aimed at dealing with enslavement of farmworkers or making local law enforcement more responsive to issues of slavery and trafficking, then there’s no reason at all why an anarchist should object. If Taco Bell is proposing some kind of bureaucratic labor regulation by the Florida legislature, then yes, we’ll have to oppose that when the time comes. But that suggestion came from Taco Bell, not CIW, and if CIW were to come out in support of it, I wouldn’t be terribly shocked, but it would represent a substantial break from the strategy and tactics behind all of their successful organizing and activism so far.

So enjoy César Chávez Day, and wish the Coalition of Immokalee Workers well on their recent victory. It’s OK. In fact, if you care about workers bettering their lives without coercion and in organizations autonomous from the State, it’s pretty exciting. Even if you’re a libertarian. Really. I promise.

Don’t they know abortion is illegal in this country?

Here’s a typical, arbitrarily-selected example of the standard rhetoric from anti-choicers who just happened to be the leading supporters of so-called fetal homicide bills at the state and federal level:

I don’t buy the theory that any fetal homicide laws in existence, nor the one recently vetoed by Iowa Gov. Tom Vilsack, would have the effect of criminalizing abortion. Abortion rights are as safe in California as they are just about anywhere else, and have always been so, but Scott Peterson is still considered a double-murderer. Good.

— Xrlq (2004-12-10), comment on SayUncle 2004-12-09: Healing the divide

You heard this from nearly every conservative legislator and Concerned Woman for America over and over again as these bills moved through the legislature. Problem is that that was all a goddamned lie. All that sentimental law-making was not about protecting pregnant women from domestic violence; it wasn’t about punishing men who attack women and it wasn’t even about protecting fetuses from assaults on their mothers.

It’s about abortion. Specifically, it’s about creating the legal groundwork for enforcing murder statutes against anyone who helps young women obtain an abortion unauthorized by the government. (The second part of the one-two punch, of course, is that anti-choicers are working hard every day to ensure that as many kinds of abortion as possible are unauthorized by the government.)

Pro-choice groups said this over and over again when the debate over manipulative bills like Laci and Connor’s Law came up. For it, they were denounced as paranoiacs and bitter partisans. But guess what? They were right.

A few months ago I mentioned test case #1, in which a Macomb County prosecutor decided to indict a 16 year old boy for manslaughter after he helped his girlfriend in a desparate, home-made abortion by hitting her (with her consent) with a baseball bat until she miscarried (she was about four months pregnant at the time).

Think that was just some rogue prosecutor with an axe to grind? Well, oops–they did it again. In test case #2, a Lufkin, Texas prosecutor has decided to raise the stakes by charging an 18 year old boy with capital murder for helping his 16 year old girlfriend with a desparate, home-made abortion by stepping on her stomach.

(I got the link from Trish Wilson 2005-03-06; she got it from Lindsay at Pandagon 2005-03-04.)

They didn’t go through the extensive bureaucratic paperwork, privacy-invading parental notification measures, artificially inflated expense, traumatic harassment by screeching fundamentalists, or invasive surgery that the states of Michigan and Texas impose on young women seeking an abortion. And for that, the prosecutors are going after them with a charge of murder.

Of course, since the authors and supporters of the bill clearly weren’t trying to do anything like this when they passed it, obviously they are raising howls of protest.

Right?

A co-author of the state law said it was intended to protect women and unborn babies from domestic violence, drunken drivers and other assaults.

We didn’t consider a case as ridiculous as this, said Rep. Ray Allen, a Republican. I feel sad for these immature, stupid people. But the law is what the law is.

— Seattle Post-Intelligencer 2005-03-04

Of course they didn’t mean for any of this to happen; but hey, it’s not like legislators can change the law or anything, right?

Meanwhile, the prosecutors in both Macomb County and Lufkin mainly seem to regret that they can’t haul the poor girl before the magistrate and have her sent to a pro-life prison or perhaps a pro-life lethal injection. They regret that their hands are tied by the laws’ explicit exemption of the mother from legal liability.

Macomb County Prosecutor Eric Smith said his hands were tied when it came time to decide whom to charge in the baseball bat beating death of a fetus being carried by a teenage girl.

He decided Tuesday to do the only thing one state statute allowed: charge the boyfriend who wielded the bat, hitting his girlfriend in the stomach repeatedly over a two-week period, but let the girl off the hook, uncharged.

Although Smith called the case shocking and reprehensible, he added, we are bound by the law. We don’t have the option of charging (the girl).

Detroit News 2005-01-05

Prosecutor Clyde Herrington said it was startling that they completely leave the female out of the criminal penalty.

It doesn’t seem entirely fair, Herrington said.

— Seattle Post-Intelligencer 2005-03-04

(You might think that the explicit exemption for punishing the mother is evidence that the laws weren’t intended to be applied in cases of unpermitted abortion. Horsefeathers. Even most strident anti-abortionists mainly favor bans that would punish abortion providers but not the woman who has an abortion; and the fact that they would think it’s necessary to exempt the mother from liability shows, if anything, a specific intent to apply it broadly to cases in which the mother consents to inducing the miscarriage. Otherwise there’d be no need for the exemption.)

What were those stupid, immature, shocking, reprehensible kids thinking, anyway? Don’t they know abortion is illegal in this country?

This is no accident. They are coming for the young and desparate first; they are the easiest to go after. They have already created a byzantine system of explicit restrictions and burdensome regulations to create a limited class of authorized abortion providers and make the conditions of obtaining an authorized abortion from them as harrowing as possible. Now they are moving to back up those restrictions with a charge of murder for any provider who steps outside of the ever-narrowing magic circle of what the courts will uphold from Roe. The purpose is to make the equation of abortion with murder a standard and accepted part of legal practice, and to bring closer the day in which there are no protections left at all (because, after all, they would be unfair). Lucinda Cisler warned us that this was a trap back in 1969, just four years before Roe: giving the State the power to limit who is authorized to provide an abortion and under what conditions (whether or not the woman consents to those conditions) is furnishing the ground from which to launch the counterattack against abortion-law repeal, and it means that the most desperate women will be targeted first.

Welcome to 2005. Here we are building a culture of life, one hangman at a time.

Let the hand-wringing begin

Nobody likes to have an abortion, and nobody would like to have one even under the best of conditions. Things are much better now than they were in the dark days of back-alley butchers; and they could be made much better yet if it weren’t for miles of punitive regulations and red tape made with the explicit purpose of making abortions harder for legally vulnerable women to obtain. But even without the cultural bullies and screaming protestors, even without the government-imposed cartel costs and the intense curtailment of options for procedures, your choices would still in the end be between invasive surgery of some form or another or drugs that make you nauseous and bleeding over the course of a few days. Of course abortion is not the horrendous experience that anti-choicers repeatedly make it out to be; it is far safer and quicker and easier on both patient and provider than nearly every other kind of surgery that there is. It’s safer and less psychologically taxing than giving birth. (Somehow these comparisons don’t seem to get made very often by either the anti-choice leadership or their foot soldiers. How strange.) But root canals are very safe and relatively simple too; that doesn’t mean that anyone is excited to have one.

But so what? Nobody goes around talking about the terrible tragedy of root canals either, or about the need to reach across the divide to unite with the anti-root-canal community (I take it that there are some Christian Scientist types who oppose dental surgery out of deeply felt religious conviction) in order to prevent unwanted tooth decay. Nobody feels the need to prefix every remark about their support for the right to get a root canal with a half-hour of qualifications and apologies. Yet the Party Hack wing of the Democratic leadership seems to have decided, yet again, that this is just what they need. Here, for example, is how Hillary Rodham Clinton decided to celebrate the anniversary of one of the greatest political triumphs for women’s liberation in recent history:

In a speech to about 1,000 abortion rights supporters near the New York State Capitol, Mrs. Clinton firmly restated her support for the Supreme Court’s ruling in Roe v. Wade, which legalized abortion nationwide in 1973. But then she quickly shifted gears, offering warm words to opponents of legalized abortion and praising the influence of “religious and moral values” on delaying teenage girls from becoming sexually active.

There is an opportunity for people of good faith to find common ground in this debate — we should be able to agree that we want every child born in this country to be wanted, cherished and loved, Mrs. Clinton said.

Her speech came on the same day as the annual anti-abortion rally in Washington marking the Roe v. Wade anniversary.

Mrs. Clinton, widely seen as a possible candidate for the Democratic Party’s presidential nomination in 2008, appeared to be reaching out beyond traditional core Democrats who support abortion rights. She did so not by changing her political stands, but by underscoring her views in preventing unplanned pregnancies, promoting adoption, recognizing the influence of religion in abstinence and championing what she has long called teenage celibacy.

She called on abortion rights advocates and anti-abortion campaigners to form a broad alliance to support sexual education — including abstinence counseling — family planning, and morning-after emergency contraception for victims of sexual assault as ways to reduce unintended pregnancies.

We can all recognize that abortion in many ways represents a sad, even tragic choice to many, many women, Mrs. Clinton told the annual conference of the Family Planning Advocates of New York State. The fact is that the best way to reduce the number of abortions is to reduce the number of unwanted pregnancies in the first place.

Most of this is true enough, as far as it goes. Nobody wants abortion instead of widesperad contraception and responsible sexual education. Nobody likes to get an abortion. And in the present political and cultural climate, all too many women are made to feel far worse about their decision to have an abortion than should be. Fine. But the latter isn’t an unchangeable given; it’s a political fact that is enforced by a constant and intentional climate of harassment and intimidation. And the fact that we’d rather women were able to avoid unwanted pregnancy in the first place is no reason to spend hours hand-wringing over it and apologizing for it unless you already think that there’s something wrong with getting an abortion. But why should you think that?

Actually, there is one other reason that you might do all that hand-wringing. You might be cavilling in spite of your own beliefs because you think that kind of dissembling is politically useful. I hate to say it about Hillary — she gave such a great speech at the March and all — but it’s hard to know what else to conclude about this particular strategy:

Mrs. Clinton’s address came as the Democratic Party itself engages in its own re-examination of its handling of the issue in the wake of Senator John Kerry’s loss in the presidential race.

Democratic senators such as Harry Reid of Nevada and Dianne Feinstein of California have also pressed for a greater focus on reducing unintended pregnancies, and some Democratic consultants have urged that party leaders mint new language to reach voters who identified moral values as a top issue for them in last November’s election.

Jesus Christ people. Look. No. Just, no.

First, you’re not trying to mint new language. You’re repeating the same crap that you did for the past 12 years. Here, for example, is how Electable John Kerry answered questions on abortion during the second and third debates:

Mr. Schieffer Senator Kerry a new question for you. The New York Times reports that some Catholic archbishops are telling their church members that it would be a sin to vote for a candidate like you because you support a woman’s right to choose an abortion and unlimited stem call research. What is your reaction to that?

Mr. Kerry I respect their views. I completely respect their views. I am a Catholic. And I grew up learning how to respect those views, but I disagree with them, as do many. I believe that I can’t legislate or transfer to another American citizen my article of faith. What is an article of faith for me is not something that I can legislate on somebody who doesn’t share that article of faith. I believe that choice, a woman’s choice is between a woman, God and her doctor. And that’s why I support that. Now I will not allow somebody to come in and change Roe v. Wade. The president has never said whether or not he would do that. But we know from the people he’s tried to appoint to the court he wants to. I will not. I will defend the right of Roe v. Wade.

Now with respect to religion, you know, as I said I grew up a Catholic. I was an altar boy. I know that throughout my life this has made a difference to me. And as President Kennedy said when he ran for president, he said, I’m not running to be a Catholic president. I’m running to be a president who happens to be Catholic. Now my faith affects everything that I do and choose. There’s a great passage of the Bible that says What does it mean my brother to say you have faith if there are no deeds? Faith without works is dead. And I think that everything you do in public life has to be guided by your faith, affected by your faith, but without transferring it in any official way to other people. That’s why I fight against poverty. That’s why I fight to clean up the environment and protect this earth. That’s why I fight for equality and justice. All of those things come out of that fundamental teaching and belief of faith. But I know this: that President Kennedy in his inaugural address told of us that here on earth God’s work must truly be our own. And that’s what we have to – I think that’s the test of public service.

And before that in the second debate:

DEGENHART: Senator Kerry, suppose you are speaking with a voter who believed abortion is murder and the voter asked for reassurance that his or her tax dollars would not go to support abortion, what would you say to that person?

KERRY: I would say to that person exactly what I will say to you right now.

First of all, I cannot tell you how deeply I respect the belief about life and when it begins. I’m a Catholic, raised a Catholic. I was an altar boy. Religion has been a huge part of my life. It helped lead me through a war, leads me today.

But I can’t take what is an article of faith for me and legislate it for someone who doesn’t share that article of faith, whether they be agnostic, atheist, Jew, Protestant, whatever. I can’t do that.

But I can counsel people. I can talk reasonably about life and about responsibility. I can talk to people, as my wife Teresa does, about making other choices, and about abstinence, and about all these other things that we ought to do as a responsible society.

But as a president, I have to represent all the people in the nation. And I have to make that judgment.

Now, I believe that you can take that position and not be pro-abortion, but you have to afford people their constitutional rights. And that means being smart about allowing people to be fully educated, to know what their options are in life, and making certain that you don’t deny a poor person the right to be able to have whatever the constitution affords them if they can’t afford it otherwise.

That’s why I think it’s important. That’s why I think it’s important for the United States, for instance, not to have this rigid ideological restriction on helping families around the world to be able to make a smart decision about family planning.

You’ll help prevent AIDS.

You’ll help prevent unwanted children, unwanted pregnancies.

You’ll actually do a better job, I think, of passing on the moral responsibility that is expressed in your question. And I truly respect it.

Apparently the apparatchiks have decided that there isn’t enough hand-wringing and pandering to the sensibilities of the Religious Right there. I don’t know how you could add any more hand-wringing and searching for “common ground” with the Christian Right there without the references to a woman’s right to an abortion disappearing entirely, but there you have it.

Guess what? It didn’t work then and it won’t work now. Why in the world do they think that it would? Are they trying to win votes from the Christian Right? Do they honestly think that moving the political debate over reproductive freedom back from abortion to the Sanger-era fights over birth control and sex education is going to improve the political climate in this country?

In other words: stop treating the right to abortion like you treat free speech rights for the Klan. If you don’t think there’s anything wrong with abortion then quit hemming and hawing forever about how much you respect the position of people who do and how much you’d like to work with them on birth control. You’re wasting your time: a lot if not most ofthem also hate birth control and sex education anyway. And in the process of wasting your time you are also dissembling about your real motives and spitting on women’s struggle for freedom.

Incidentally, Rox, among the reasons I like Howard Dean as much as I do is that in the heat of an election, this is how he answers a question about abortion:

Diane Rehm: We have seen reports that builders across the country are refusing to participate in the construction of Planned Parenthood buildings. What would you do about the threats to freedom for a woman to choose?

Howard Dean: Well, I think that’s a very dangerous game those builders are playing, especially in the city of Austin, which is where it’s going on. Were I down there I would immediately refuse to do business with any of the contractors who were boycotting that. So all groups can play that game; you have the right-wingers playing the game today, but other groups who may disagree with that can also play that game. And I think that’s a mistake for them to do that.

I am pro-choice. I’m a doctor; I frankly believe that it’s none of the government’s business to interfere in a woman’s making decisions about her own healthcare. And I tend not to be very supportive of efforts to enforce political points of view on individuals’ healthcare, and that’s what’s going on in Austin, Texas.

On the Diane Rehms show, WAMU, 2004-12-01 10:00am (they don’t seem to have a transcript; the question is around 45’45” on the audio version)

Elsewhere he’s also directly, and without apology or cavil, taken on both parental consent restrictions and late-term abortion bans, and pointedly insisted that on the issue of abortion, We can change our vocabulary but I don’t think we ought to change our principles..

Second, even if this were a new tack, and even if there were any reason to believe that it would get anything worth accomplishing accomplished, why would you think that women’s control over their own bodies is an acceptable bargaining chip? Women are not pawns to be sacrificed for better board position. Lots of Democrats bolted the party in the late 1960s to become Republicans because the national leadership would no longer keep silent about Jim Crow and the efforts of efforts such as the Mississippi Freedom Democratic Party finally broke the Eastland-Wallace white supremacist stranglehold on the Southern state parties. That lost the Democrats a lot of voters. The difference even lost them several elections. So what? Does anyone think that it would be a good idea to endlessly fret about how to reach out across the divide and find common ground to bring the Klan vote back into the party?

To hell with that. If you’re going to get hung up on winning political office, this is not how you should be trying to do it. Falling back on the apparatchiks and electable candidates using electably mealy-mouthed rhetoric doesn’t work and it wouldn’t have gained anything worth winning even if it did. Meanwhile, the other side won’t believe it, your side won’t pull out the stops for you, and the people in the middle won’t know where the hell you actually stand.

If Democrats are looking for new language with which to frame the abortion debate, I’d like to suggest a good old standard: ABORTION ON DEMAND AND WITHOUT APOLOGY.

Three Notes

  1. Malcolm X is a really, really fine film. I always remember that it is fantastic, but I never remember just how good it is until I watch it again.

  2. I am flying to Dallas to do some almost-Christmas visiting with my family; while I will have Internet access a fair amount of the time, all the non-family-visiting time I take will be turned over to finishing the essay that I’m co-authoring with Roderick, which we will be presenting a mere week from today at the American Philosophical Association Eastern Division conference in Boston. I should be back around Christmas or so, but I don’t know if there will be any substantial blogging prior to the New Year. We’ll see.

    The essay we’ll be presenting, in case you’re interested, is on libertarianism and feminism; I’ve mentioned the topic, in considerably less detail, here before: see Why Libertarians Need Feminism and Government and the pink-collar ghetto, and touched on related themes in Pro-Choice on Everything, Part I, Because of assholes like this guy…, April March, and EC OTC in OZ, among other places. The overarching project is an effort to show that radical feminism and libertarianism can and should be reconciled–they can because the points where there seems most obviously to be contradiction are actually mostly the result of misunderstandings, either of each other or of one’s own position (misunderstandings that can be dispelled, in part, by the illuminating example of the nineteenth century individualist anarchists, as Roderick has argued before); and they should because they have a lot to offer one another both in terms of theoretical insight and strategy. Unfortunately, some past attempts by libertarians to incorporate feminism into their analysis (take Wendy McElroy’s iFeminismplease!) have fallen straight into a couple of notorious traps: (1) dancing to the divide-and-conquer tune of definition-by-opposition–that is, isolating some ill-defined bogey-woman of Evil Radical Feminism, attacking it mercilessly, and then forgetting to say anything in particular about male supremacy; and (2) attempting a hyphenated feminism synthesis in which the feminism is entirely swallowed by the libertarianism. Our hope is to help suggest a more productive way forward.

  3. Happy Festivus! (Thanks, Max.)

Cheers, everyone.

Anticopyright. All pages written 1996–2025 by Rad Geek. Feel free to reprint if you like it. This machine kills intellectual monopolists.