News and Features
I keep reading that the election turns on women's votes. Yet apart from the issue of abortion, women seem curiously invisible this election season--except of course for the endlessly focus-grouped, interviewed and psychoanalyzed women of Ohio and other toss-up states, who can't decide whether to vote for Gore because he kissed his wife or for Bush because they like his mother. Are these ninnies really representative, or is their prominence more a symptom of the emptiness of political reporting, which has cast the race as a personality contest between a Fibber and a Dope? What, for example, do women tell pollsters is their most important issue? Hint: It's not whether Al Gore or George W. would be more fun on a date or make a better babysitter. It's pay equity.
Yes, women are apparently unpersuaded that they earn 71 cents on the male dollar because, as the Independent Women's Forum insists, they choose low-paid jobs in order to have lots of time and energy for childcare and housecleaning. Yet when Bernard Shaw asked Dick Cheney and Joe Lieberman about pay equity in their Veep debate, the two men quickly turned to the marvels of their respective tax proposals. Shaw let them--what's pay equity to him? Even issues that are on the table are discussed as if they have no gendered aspects--affirmative action, for instance, or proposals to privatize all or part of Social Security, which will affect women much more than men: Not only do women on average live longer, they make up the large majority of retirees and dependents who survive on Social Security alone. Violence against women has gone unmentioned--as opposed to media violence and smut, a major theme and supposed woman-pleaser--ditto insurance coverage for contraception (Viagra's already covered, but you knew that), high-quality daycare, the near-impossibility of collecting court-ordered child support from an ex-husband who doesn't want to pay it (there's a middle-class issue for you) and dozens of other problems facing real-life women. There are a number of women running for national office, but you don't hear much about them. From the media point of view, the continuing scandal of women's underrepresentation in government is as musty as the ERA. Women had their year back in 1992.
There's only one woman on the political scene who seems to evoke any kind of passion--and that's Hillary Clinton, or "Hillary." But most of the passion is negative: She's like a Rorschach test of feminine evil. Through direct mail aimed at Hillary-haters across the land, the Conservative Leadership Political Action Committee has raised almost $2 million for her Republican opponent, Rick Lazio, a hyperaggressive nobody whose wife boasts that she cleans her own house--I suppose that's the contemporary equivalent of Pat Nixon's good Republican cloth coat. The First Lady, a supporter of the death penalty, welfare reform and interventionist foreign policy, is depicted as an "angry woman who is abusive to White House staff and obsessed with imposing her radical left vision on the rest of America." How hated is Hillary? Eighteen percent of Democratic primary voters pulled the lever for her totally obscure challenger, a doctor who subsequently revealed himself to be a Lazio supporter. Maureen Dowd has completely lost herself in an ecstasy of psychological projection--her Hillary is like Joan Crawford in an old weepie: While the Gores and Liebermans bill and coo, she rattles around in her empty new house, loveless and lonely, and excluded from society as "Manhattan's dread extra woman." On the Drudge Report, Juanita Broaddrick accused Hillary of threatening her at a political function two weeks after her alleged rape: The threat was conveyed by thanking Broaddrick effusively--too effusively--for her support.
Disapproval of Hillary for sticking with her marriage cuts across party lines--Jimmy Breslin and George Will together at last with all those suburban harpies happy to knife a woman who steps out of the box. But her devotion to Bill has brought her an odd defender, Linda Waite, author with right-wing columnist Maggie Gallagher of a book-length soundbite called The Case for Marriage. In a New York Times Op-Ed, Waite castigates conservatives like Will for taking opportunistic potshots at Hillary's decision to stay married: After all, Hillary is honoring the institution of marriage and making the choice conservatives--although presumably not Will, who is divorced--think people should make when faced with marital trouble. "Staying in an imperfect marriage is a perfectly reasonable choice for many women," writes Waite, not to mention good for society. Interestingly, Waite seems to have forgotten her own potshot at Hillary: In their book, Waite and Gallagher torment a remark of Mrs. Clinton's that seems clearly aimed at gossips and Nosy Parkers ("I learned a long time ago that the only two people who count in any marriage are the two that are in it") to portray her as a standard-bearer for the idea that marriage is a private contract with no social significance. In fact, as they should know, Mrs. Clinton is quite a conservative on marital matters; she supported the Republican-authored Personal Responsibility Act, which begins by stating that "marriage is the foundation of a successful society"; in It Takes a Village, she wrote favorably of making divorce harder to get.
If you want to see a woman politician boldly standing up for the right to privacy--or anything else--you have to go to the movies. In The Contender, a swell political thriller, Joan Allen plays Laine Hanson, a Republican-turned-Democrat senator who is nominated to fill out a dead Vice President's term and finds herself under withering attack for supposedly participating in a fraternity sexfest as a college freshman. The movie, which is dedicated to "our daughters," is one long prayer for the abolition of the double standard--which it then, in typical Hollywood fashion, endorses. Laine is so pure and idealistic that she survives only because Jeff Bridges, as the wily Clintonesque President, stoops to tactics that would never even occur to her. In other words, in order to be in politics, a woman has to be too good for politics.
While the differences between George W. Bush and Al Gore may still be coming into focus for many Americans in the final weeks before the election, one is already stark. On tobacco, the leading cause of preventable death in America, Bush would return the nation to the failed laissez-faire attitudes of the past. A Gore administration could be expected to continue the course charted by President Clinton, the first truly anti-tobacco President.
Indeed, a Bush administration would solve so many of tobacco's problems that the Texan is virtually one-stop shopping for an industry that has drenched his campaign with cash. For one thing, he'd change the civil justice system. Clinton vetoed tort reform bills, but Bush has made such "reform" a keystone of his proposed social policy and points with pride to his record in Texas--in 1995 he placed draconian restrictions on the right to sue. Bush would help mitigate the fallout from the recent $145 billion verdict in the Engle lawsuit--the Miami class action on behalf of thousands of Floridians sickened by cigarettes--by signing a bill pending in Congress that would send all class actions to federal court. There, Engle would be decertified, downgraded into a handful of individual lawsuits, long before trial by a federal system hostile to tobacco class actions.
As to regulating cigarettes, Bush would likely work with a Republican Congress to enact a "compromise" regulation law, limiting some forms of tobacco marketing and granting toothless federal oversight in return for liability limits and giving tobacco a seat at the table of any regulatory process. Bill Clinton was the first President to make the regulation of tobacco one of his signature policy initiatives. Although the Supreme Court ultimately shot down Food and Drug Administration oversight of cigarettes, Clinton used the bully pulpit of the presidency to put tobacco on the national agenda in a way it had never been before, fulminating against the industry for peddling nicotine to children.
Bush's record indicates he would pay lip service to keeping kids off cigarettes but would put much more energy into vilifying plaintiffs' lawyers for getting rich from lawsuits that attack the industry for targeting children. Bush has pledged to kill off a multibillion-dollar RICO action by the Justice Department that charges that the cigarette companies concealed their product's deadliness, and he would likely rescind or stymie numerous Clinton executive orders, nascent regulations and programs dealing with everything from secondhand smoke to funding research on Big Tobacco's internal documents.
Finally, Bush would be likely to back incursions by domestic cigarette makers into foreign markets. He would be much less disposed to sign on to a proposed World Health Organization treaty on tobacco and health and very prone to weaken it, to the benefit of a global tobacco industry now menacing Asia, and to the detriment of millions of potential new smokers who will become victims of cigarette-related disease.
Marvin Kalb, executive director of the Washington office of Harvard's Shorenstein Center on the Press, Politics, and Public Policy, diagnoses an anti-Israel tilt in the US media, in which "the Israelis have come through a miraculous alchemical formula to become the giants and everyone else is the David.'' What planet is this man living on?
Just look at the numbers. Nearly 100 Palestinians have been killed and more than 2,500 injured, compared with just five Israeli Jews. The Palestinians attack with stones, Molotov cocktails and the extremely rare automatic weapon. Unlike nations that quell riots by their own people with tear gas and rubber bullets, the Israelis respond with live ammunition: antitank rockets, helicopter gunships and armor-piercing missiles. Armed Jewish vigilantes have undertaken murderous rampages against unarmed Arab citizens, shooting them in cold blood. The UN Security Council condemns Israel's "excessive use of force."
Yet aside from the Palestinians invited to speak explicitly for their own cause, the mainstream US media condemn the Palestinians and exonerate Israel with Soviet-like consensus. Editorial pages are unanimous in apportioning the blame exclusively to Yasir Arafat rather than the war criminal Ariel Sharon, who provoked the riots to advance his political career. Sharon was puffed up in extremely sympathetic interviews by Lally Weymouth published in the Washington Post and Newsweek, and held forth as well on the Wall Street Journal Op-Ed page. Meanwhile, the members of the punditocracy who appeared during the weekend of Barak's ultimatum spoke as if channeling American Jewish Committee talking points.
While Hillary Clinton and Rick Lazio battled one another to shower the Palestinians with higher and higher degrees of contempt in their second debate, the only American voices heard to speak to the larger context of the conflict were the twin electoral outliers, Ralph Nader and Pat Buchanan. Given his history of anti-Semitism and hatred of Israel, the former Crossfire host has forfeited any credibility he once had on the issue. Nader's criticism of Sharon, which he expressed on CBS's Face the Nation, was therefore far more valuable, especially in light of the relative scarcity of such voices on network television.
More typical, however, are the views of Charles Krauthammer, who has apparently contracted the same mental and emotional affliction that drove poor Abe Rosenthal insane. The pundit actually compared the phenomenon of Palestinian riots and rock-throwing to the Nazi invasion of Poland. Complaining of overly sympathetic coverage of Palestinian "frustration"--"frustration with what?" Krauthammer demanded in mock horror, as if the average Palestinian refugee lived next door in Chevy Chase--Krauthammer termed Israel's dovish leaders "feckless" for seeking an accommodation to create a nation where Jewish soldiers are no longer in a position to gun down unarmed 12-year-old boys.
Sure Arafat is a corrupt, untrustworthy leader, and I wish he had somehow found the courage to risk his own neck and embrace Barak's surprising concessions at Camp David, if only as a foundation stone in a much longer peace process. The concessions were, unfortunately, the best offer the Palestinians are likely to get for some time. But it's not Arafat's indecision or Palestinian rock-throwing that lies at the root of the current conflict. Rather, as the Israeli lawyer Allegra Pacheco wrote on the Times Op-Ed page, it is the fact that "the proponents of the agreement, including the Clinton Administration, never fully informed the Palestinian people that the [Oslo] accord did not offer any guarantee of Palestinian self-determination, full equality and an end to the military occupation." Since Oslo, Pacheco notes, the quality of life in the West Bank and Gaza has declined from terrible to nearly unbearable. Owing to the lack of good will on both sides, what is being constructed from Oslo is less peace than apartheid.
I have walked across open sewage in Palestinian refugee camps surrounded by children begging for candy. I have been served tea at the home of a Palestinian family whose 13-year-old son was killed days earlier by the Israeli Defense Force as a suspect in a murder that turned out to be the work of a crazed Jewish fanatic. I have stood in the rubble of Palestinian houses that the Israelis bulldozed as a warning to those who would continue to protest. Seven years ago, I stood on the White House lawn and listened, tearfully, to Yitzhak Rabin say "enough" to the killing on both sides. Alas, it was not enough. And given the realities on the ground, for every Israeli who loses a son or daughter, so too will scores of Palestinians.
It would behoove those in the media who hold forth on this issue to address themselves for once to its larger context. It is Israel that is oppressing the Palestinians, and it is the Palestinians who are doing virtually all the dying. True, Ehud Barak has taken massive political risks by offering concessions that go well beyond the Israeli consensus. He is a brave leader and an authentic soldier for peace. But given the magnitude of the physical, psychological and sociological costs of the Palestinian "catastrophe," Barak's best is simply not good enough. The only chance for lasting peace will come when Israel agrees to share Jerusalem with a full Palestinian partner, granting equal rights to citizens of both nations; with Israeli rule in the West and Palestinian rule in the East.
Perhaps it's too much to ask a victorious people to offer genuine justice and material sacrifice to the nation it has vanquished on the battlefield--particularly when the hatred of the defeated nation continues unabated. But the Palestinians will accept nothing less.
I'm a Jew with deep emotional ties to Israel and strong sympathies with the Labor/Zionist project. My own words fill me with foreboding. But if it must come to war, then let us at least be honest about it. Like Ariel Sharon's 1982 invasion of Lebanon, it will be a war that Israel has chosen because it could not countenance the alternatives. And it will be the Palestinians who, once again, will endure the lion's share of the suffering.
In their hunger to take back the White House, the Jerry Falwells and the Pat Robertsons have swallowed the mellow prose of Texas scripted for them by George W.'s handlers--but at the state level, the antigay hate campaigns of the Christian right are picking up steam. "In 2000 there have been and are more gay-bashing initiatives on the ballot than ever before," points out David Fleischer, the National Gay and Lesbian Task Force organizer for state and local politics.
In Nevada, an amendment to the state Constitution banning same-sex marriage, backed by the Southern Baptists (who have pledged $1 million to pass it) and the Mormon Church, won 60 percent approval in the latest polls. In Nebraska, an even worse measure bans civil unions and even legal status for domestic partnerships, which threatens benefits afforded to same-sex couples by private companies doing business there (like Qwest and Wells Fargo). In Maine, the Christian Civic League (a Gary Bauer spinoff) and the Christian Coalition are spending heavily to defeat ratification of a gay civil rights law already passed by the legislature. The progay forces are woefully underfunded in all three states.
But the most critical battle is in Oregon, which has seen forty antigay initiatives (four statewide, the rest local) in the past twelve years. This year's Measure 9 is a viciously broad version of the "no promo homo" amendments Jesse Helms has been trying to pass in Washington for years: It bans public school "instruction of behaviors relating to homosexuality and bisexuality...that encourages, promotes or sanctions such behavior." Sponsored by professional antigay crusader Lon Mabon and his Oregon Citizens Alliance--who were behind the previous referendums--this thought-police measure would have a devastating effect on the ability of the state's schools and colleges to teach about HIV or antigay discrimination and menaces the livelihood of openly gay teachers. Mabon makes it quite clear: He has said that the measure is designed to defund "any place that there is a cultural diversity program or multiculturalism or AIDS education [in which] homosexuality is presented as being normal and acceptable.... Any AIDS education like what occurred at Portland State University or at the local level could not be done. Any speakers that come in, if they are homosexuals, they could not stand up in front of a class or an assembly and talk about a pro-homosexual lifestyle."
Mabon-sponsored referendums aimed at banning civil rights laws protecting gays were defeated in 1992 and 1994, but it will not be so easy this time. In previous years the gay-bashing measures were the only controversial ones on the ballot, and a broad-based progressive coalition fought back effectively; this year, there are twenty-six different ballot questions, and the official guide mailed to every voter is 400 pages, the size of a telephone book. Moreover, there are seven other initiatives of major concern to progressives: two antilabor "paycheck protection" measures; three on tax and budget cutting; and two anti-environmental proposals.
"It's very shrewd of the right wing," says Paddy McGuire, who ran the Clinton campaign in Oregon in 1992 and 1996 and is now chief of staff to the secretary of state. "For $100,000 you can put damn well anything on the ballot--9 is the only one of these measures where signatures were mostly gotten by volunteers, while the others were gathered by paid workers at $1.50 a signature. It's going to take around a million bucks to defeat each one of them--that's $5 to $6 million we won't spend to elect progressives to office." The strategy to sap progressive energies through referendums was the brainchild of Bill Sizemore, the 1998 Republican candidate for governor. Sizemore has turned his strategy into a lucrative business: He runs Oregon Taxpayers United--which is funded by wealthy GOP conservatives and the oldtime timber barons and fronts for the ballot measures--and on the side he runs a signature-collection firm that rakes it in for petition drives.
"We're stretched thin," worries Josh Kardon, Oregon Senator Ron Wyden's chief of staff. "The governor [liberal Democrat John Kitzhaber] is tied up fighting off the two measures aimed at his budget. Wyden's tied up trying to raise money for state legislative races--we're in spitting distance of taking back one or both houses. Because we're so diluted, trying to explain in a short time why Measure 9 is bad for kids is going to be tough."
All the more so because "we have less than half the staff the campaign that defeated the 1994 antigay referendum had, when they spent $1.7 million," says No on 9 campaign manager Kathleen Sullivan; by mid-September the group had raised only $300,000. Both the Christian Coalition and the Family Research Council are putting major resources into 9's passage. The No campaign does have strong support from the PTA as well as the state AFL-CIO, whose president, Tim Nesbitt, points to "an alliance between Lon Mabon and paycheck protection, which the OCA has endorsed." As the state's leading Democratic pollster, Lisa Grove, points out, "Passage of 9 would have implications beyond Oregon--if they can win here, they'll try it elsewhere." Money for TV ads is desperately needed. To contribute, make out checks to: No on 9, PO Box 40625, Portland, OR 97240; or log on at www.noon9.org.
I'm surprised at how many otherwise thoughtful people seem convinced that this election "makes no difference." In my very first Nation column, I quoted Justice Antonin Scalia, who, during a 1997 visit to Columbia Law School, stated publicly that if Brown v. Board of Education came to him as a case of first impression, he would vote against the majority. Most of the federal judiciary are Reagan/Bush appointees. There are an unprecedented number of judicial openings right now because of the unprecedented blocking of Clinton appointees maneuvered by the Republican-controlled Judiciary Committee. A sense of urgency thus prompted me to cull an unscientific sampling of lawyers, writers and human rights activists--all of whom feel that this is an important election in which to make one's voice heard.
Charles Ogletree Jr., professor, Harvard Law School: "The most important election in recent memory will occur on November 7, 2000. George W. Bush, who favors Antonin Scalia and Clarence Thomas, and Al Gore, who favors someone in the mold of Thurgood Marshall and William Brennan, have radically different views of the next Supreme Court appointments. With Roe v. Wade, affirmative action and majority-minority districts at stake, there is no graver choice facing the nation than a progressive Gore Court or a reactionary Bush Court."
Reva Siegel, professor, Yale Law School: "Last term, the Court invalidated provisions of two different civil rights laws, holding that Congress lacked power to enact the antidiscrimination statutes--something the Court has not done since the nineteenth century. After these rulings, it is no longer clear how statutes like the Family and Medical Leave Act or the Pregnancy Discrimination Act can be enforced against state employers, or what kind of hate crimes legislation the Congress can enact. But more is at stake than the particular provisions of the Age Discrimination in Employment Act or the Violence Against Women Act, which the Court struck down last term, or the provisions of the Americans With Disabilities Act, which the Court is considering this term. The question is whether the Court continues to recognize and respect the federal government's power to prohibit discrimination as that power has been exercised by Congress in the decades since passage of the Civil Rights Act of 1964."
Richard Matasar, dean, New York Law School: "Judicial appointment is the stealth issue of every national election. While abortion and crime occupy the attention of the press, the judiciary can also carry on a quiet revolution in its allocation of authority between state and federal government. The Republican judiciary has already significantly shifted the distribution of power between governments; this election can break or solidify that shift."
Maivan Clech Lam, professor, City University of New York Law School at Queens College: "The Supreme Court's rulings on state and federal power are very likely in the next years to determine issues of sovereignty important to indigenous Hawaiians and possibly all tribes in general."
Bob Wing, editor, ColorLines: "The prospect of an entrenched reactionary Supreme Court majority is awful.... However, I wish that I was more confident that Al Gore, who is associated with the Democratic Leadership Council's center-right wing of the Democratic Party, would reverse that trend."
Peter Gabel, president, New College School of Law: "I'm not sharply critical of those who want to vote for Gore to protect the Court, but I do think they overestimate the Court's role as an active progressive power and fail to see its essential commitment to maintaining a center (whether center-right or center-left). It is movements in society that motivate the Court to move. A real left needs to do the opposite of defending the empty center, which is perpetually self-erasing and actually blocks the development of a progressive movement. Instead, we must try to emerge into public visibility--visibility to one another!--by voting for Ralph Nader."
Jill Nelson, writer: "I've been thinking that it's the height of the ever-growing class-based disconnect in this society for people who consider themselves left or progressive or liberal to run the 'I'm going to vote for Nader because there's no difference between Gore and Bush.' Rest assured, I'm not happy with any of 'em, but I'm very clear about the importance of Supreme Court appointments and for that reason will vote for the lesser evil, which is the real, disappointing, difficult nature, it seems, of democracy as we know it. The alternative is for me to delude myself that an abstract notion of principle trumps class privilege, which it doesn't. Sure, no matter who's on the Court, me and mine can have abortions and hire top attorneys and otherwise have the possibility of buying ourselves out of whatever mess we're in, but that's not enough. For me, democracy is fundamentally about community, and to paraphrase Reagan in that movie, what about the rest of us?"
Sydelle Pittas, attorney: "In the course of work on a television series I produced for the Women's Bar Association on 'Your Legal Rights,' I interviewed almost all of Massachusetts' sitting federal judges. From them I learned a few things that showed me how important it is to have Justices who understand the experiences of real women. Justices are human beings, and while they are impressive in how mightily they strive to find the law rather than make it, how they make those findings necessarily comes from their own understanding, based at least in some part on their experience."
Bill Ong Hing, professor of Law and Asian-American Studies, University of California, Davis: "People of color and other traditionally subordinated groups have few institutions upon which they can rely. Their skepticism of the judicial system's desire to respond to their plight has reached a new high point, as the Court molded by Nixon-Ford-Reagan-Bush (Carter made no appointments) has come to dominate the nation's jurisprudence.... Whether and to what extent, if any, the Supreme Court serves as an agent or ally of social change is debatable. But a progressive voice of a Supreme Court majority--open to the views and experiences of those who have been marginalized--would foster a culture (and hope) for change in other mainstream institutions."
New York City
The Nation acknowledges that military and civilian trials in Peru violate due process of law in terrorism cases, that thousands of innocent people have been convicted and that thousands remain in prison in Peru today after political trials. Presumably it agrees that DINCOTE, the Peruvian antiterrorism police responsible for those convictions, are about as restrained and trustworthy as the elite national police that served Pinochet in Chile, the military governments in Argentina and Guatemala in the seventies and eighties and similar other police states.
Why then did The Nation choose to use its resources and invest its credibility to challenge Lori Berenson's innocence by relying on what are allegedly DINCOTE documents [Jonathan Levi and Liz Mineo, "The Lori Berenson Papers," Sept. 4/11]? The Nation was told that Peru planned to nullify Lori's military tribunal conviction and sentence to life imprisonment on the basis of a petition she filed in December 1999, and that The Nation was being used by DINCOTE to support charges against Lori for a new show trial.
Jonathan Levi misleads his readers by implying that the Berensons and I questioned only the authenticity of the records. If he will listen to the tape he made of our interview, he will hear it was the reliability of the papers, not merely their authenticity, that we challenged. We told The Nation that DINCOTE leaked the papers, "never before seen by the public but obtained by The Nation," precisely to spread false information about Lori in its pages, which reach so many of Lori's supporters, at the very time Peru would nullify Lori's military trial and begin yet another propaganda campaign against her in a new show trial in civilian courts, a trial that is itself illegal and not capable of fairness. The military tribunal, after a nine-month delay, nullified Lori's conviction and began the new proceedings just as the Nation cover story with its picture of Lori was being distributed.
The article accepts as gospel the false DINCOTE allegations of fact even where Lori has had the rare opportunity to state the opposite. The article refers repeatedly to Lori's "testimony," "deposition," "transcripts," suggesting there exist exact verifiable statements by Lori. But there are no transcripts, depositions or verbatim testimony, there is only what Levi claims a DINCOTE file they will not disclose contains. Who believes DINCOTE? Nor is it accurate to say that the papers "shed new light." All the false claims about Lori have been leaked to the press and printed repeatedly.
Levi has refused to permit the Berensons, or me, to see the papers he has. This places him in the same position as DINCOTE, which he concedes refused to provide copies of the documents "even to her lawyers," and in the same position as the Fujimori government, which has refused to provide any documents to the Berensons, Lori's counsel or the Inter-American Commission on Human Rights. Levi said he is "especially afraid with the trial coming up" to provide Lori a copy of the documents, because that would "have us working for the defense." Incredible. He is working for DINCOTE. He claims to have "sources intimately familiar with [its] workings." We ask only for a copy of the false papers with which Levi challenges Lori's innocence, not the source for the papers.
Aside from the moral outrage of promoting DINCOTE propaganda, the Nation article is patently cheap and demeaning to Lori Berenson. In a single sentence, asserting how "most ordinary Peruvians" feel about Lori, Levi writes that she "is a Beauty who slouches...toward Latin America, only to turn into a terrorist Beast, eyes wide open." Why the triple play on a fairy tale, a Didion book title and a prurient movie? Why the repeated references and allusions to sex? Above all, why is Levi, who has never met Lori, compelled to deny the possibility that she acted from inner qualities of goodness, even greatness, as he observes heroines in "classical tragedy" to do? Instead, he argues that she is doing the reverse: "She seems to be translating her fall into a theatrical grandeur." Lori has spent nearly five years in life-threatening prison conditions without a trial by any civilized standard on false charges in complete isolation, where any effort at "theatrical grandeur" can be seen by no one. All while the controlled press in Peru demonize her daily and The Nation serves DINCOTE's cause here in the United States.
Levi seems to know little about Peru, or Lori's case, except what DINCOTE and people within its sphere of influence told him. Lori's Peruvian lawyer in the military trial, who has not represented her for years, despite Levi's assertion that he still does, "although he is not as active as he once was," was never present during her nearly nine days of intense interrogation and sleep deprivation when Lori was alone in the tender hands of DINCOTE. On the day the statement DINCOTE prepared was given to her to sign, he saw Lori for the first time but was never able to talk with her in private before, during or thereafter. From time to time he has made statements harmful to Lori for whatever reason, which Levi joins the Peruvian press in repeating with glee.
The utter emptiness of the effort to support some level of guilt is found in Levi's repeated references to the one exposure to the Peruvian press just before her sentencing that was forced on Lori, in which she courageously and angrily spoke with passion about her concerns for the poor and about the absence of social justice in Peru. She also expressed the opinion that the MRTA is a revolutionary movement, not a terrorist group. Can the expression of a single opinion in less than twenty words be a crime? Levi thinks so. He refers to the "contempt in that face" from the film clips, although he has never seen her face. Lori was very angry for good reasons. Peru claims her words are the crime translated as "apology." It carries a lengthy prison term. Levi distinguishes the fate of an Italian woman who was convicted like Lori--but according to them on "more hard evidence"--and who was released after seventeen months, based on her claim of innocence, but Lori has always insisted she was innocent. Apparently he never saw the film clips of the Italian woman, who appeared far more agitated than Lori.
Levi called the Berensons to congratulate them when they heard Lori would get a new trial. But surely even he knows such a trial will not be fair. We can ignore the outrageous and repetitious claims of DINCOTE against Lori carried in The Nation. They are false. Lori will tell the truth if she is forced into a public show trial, and the truth will keep her free in spirit and someday make her free in body.
It is more difficult to ignore the role of The Nation in using its pages to support false DINCOTE propaganda planted to poison US opinion about Lori. A majority of Congress has demanded Lori's release from prison because Lori's parents, despite all the propaganda from Peru and the "Washington Peru policy," have persuaded them Lori is innocent. The Nation has not helped truth find its way out.
Perhaps the Nation Institute will now investigate how this happened.
LEVI & MINEO REPLY
New York City; Cambridge, Mass.
It's sad to watch such a historic defender of human rights as former Attorney General Ramsey Clark so willfully misread our report on his client, Lori Berenson. This misreading starts even before our story begins. Throughout his letter Clark attributes the article solely to Jonathan Levi. In fact, the byline was shared by Levi and Liz Mineo. Clark writes: "Levi seems to know little about Peru or Lori's case." Mineo, a full partner in the research and writing of the piece, was not only born in Lima but lived there for more than thirty-five years and worked (as her bio indicated) as an investigative reporter for a variety of newspapers and magazines, including El Comercio, a newspaper that the Berensons have lauded for its fair coverage of their daughter's case.
Clark makes some strong claims about our journalistic integrity and the motivations behind our story, but he fails to provide any evidence to support them. We reported in the article that Berenson's own lawyer in Peru, Grimaldo Achahui, signed the DINCOTE record of her interrogation and later confirmed its authenticity. Clark attempts to disparage Achahui by declaring that he "has not represented [Lori] for years" and that "he has made statements harmful to Lori." In fact, his last action on her behalf was filing Berenson's appeal to the Inter-American Court of Human Rights in 1999, and as recently as August the Berensons themselves referred to Achahui as Lori's Peruvian lawyer. The only statements of his that we repeat pertain to his verification of Lori's testimony to DINCOTE and his opinion that her sentence was unfair.
Clark writes, "The article accepts as gospel the false DINCOTE allegations of fact...." Perhaps Clark missed the following sentence: "The story that emerges from the documents is one of unusually hasty police surveillance, negligent interrogation and reckless reliance on one witness whose testimony was neither challenged nor corroborated. The documents give a crude demonstration of how hyperinflation can be applied to a police charge, raising Berenson, in its final pages, from the obscurity of a minor suspect to the limelight of a major leader of the MRTA." Our aim was to examine all received truths about the case. To that end, we conducted interviews with dozens of people in Peru, including former and current members of DINCOTE as well as former and current members of the MRTA and educated observers within the diplomatic and business community. Nowhere did we represent the DINCOTE documents as the record of a fair and balanced judicial process. Although we described discrepancies between Berenson's story as it appears in the documents and other available evidence, we also clearly showed grave inconsistencies in the government's case against her.
It is Clark who displays a striking ignorance of Fujimori's Peru. Although anti-regime journalists (including Mineo and many of her former colleagues) have been harassed and threatened by the government, they continue to operate with vigor. Like journalists everywhere, they routinely use anonymous government sources in their work. We came upon the documents in question through sources within DINCOTE who, in our judgment and that of other independent journalists in Peru, were reliable.
Moreover, contrary to Clark's implication, our article, which was published five days before the announcement that the military charges against Berenson had been dismissed, fairly represented the Berensons' fear that their daughter would be retried in civilian court on the charge of collaboration with terrorism, which carries a sentence of twenty years. (She had previously received a life sentence for "treason against the fatherland and conspiracy to overthrow Congress.")
Clark seems most angry that, after our article appeared, we would not show him the documents. An associate of Clark's asked for the documents on a Monday because Lori was due to be examined by the civilian judge on Wednesday. Once the new legal process had begun, we would have risked compromising our credibility as journalists by showing Clark or his associates the documents. We believe that the Peruvian court was wrong to withhold these documents from Berenson and her attorneys. But one does not have to be a lawyer to understand the difference between a judge and a journalist.
In Clark's view, since we were not willing to work for him and the Berensons, we must be working for DINCOTE. It is a charge that is beneath Clark, a veteran of the struggle during the dark cold war days of this country, when loyalty was painted red or white, and if you weren't on our side you were on theirs. Although we feel great sympathy for Mark and Rhoda Berenson and can only hope that our parents might fight so tirelessly and energetically if we found ourselves in Lori's position, we react with an appalled sadness to Clark's slander.
THE EDITORS REPLY
We stand by Jonathan Levi and Liz Mineo's careful reporting for this magazine on the Lori Berenson case. We also share Ramsey Clark's belief that justice is not possible for Berenson in Peru and that she should be released, a view we expressed in an editorial accompanying Levi and Mineo's article and another just after her new civilian trial was announced. The only "truth" we presumed to reveal was that the investigation of her case, her trial and conviction were deeply unfair and the government's evidence against her hopelessly tainted. Therefore, our recommendation was not for her case to be reopened but for human rights advocates to step up pressure on the regime to free her and all those unjustly convicted of terrorism in Peru.
I read with interest the timely report on Lori Berenson, which coincided with the Peruvian government's decision to grant her a retrial. This decision, welcome as it may be by human rights activists and the Berenson family and friends, is, however, seen by large sectors of the Peruvian public as a cynical attempt by a beleaguered government nationally and internationally perceived as illegitimate to improve its relations with the United States. While it makes sense for Berenson's family and well-wishers to portray her at best as totally innocent and at worst as a useful idiot, the documentation provided by The Nation points to a much more conscious collaboration with a guerrilla group intent on forcibly deposing a foreign government. In the United States too, long sentences have been imposed on foreigners convicted of aiding in the planning and/or perpetration of acts of terrorism. The World Trade Center case comes to mind.
As a Peruvian, I find the methods used by my government against the guerrillas excessive and often more criminal than the groups it was fighting. The time has come to re-evaluate many of those actions, in both the military and the legal realms. As scandalous as the lack of due process that led to Berenson's incarceration was, it would be equally scandalous for her to be set free simply because she is a well-represented American at a time when freeing her becomes expedient to the Peruvian and US governments, while hundreds or thousands of others remain indefinitely in jail, sentenced under similar conditions and including the truly innocent.
New York City
That Lori Berenson was denied fair jurisprudence and that our government has not secured her release are both clear. But Jonathan Levi and Liz Mineo's attempts to paint a personal portrait of Lori Berenson (through evidence that may have been completely fabricated or through her "militant" attitude during her press statement, where she was instructed to yell to be heard) miss the point. In an instance of gross human and civil rights violations, it is entirely inappropriate to look for kernels of rationale based on the victim's behavior. That Lori is innocent isn't even the issue here--would you deem it appropriate to examine the behavior of a Jewish storekeeper in Nazi-era Germany in order to find a shred of justification in his subsequent gassing at Auschwitz? Lori's imprisonment, her health problems and the outrageous treatment she has suffered by the Peruvian courts are the issues. I don't care if she's a country club Republican or an Uzi-toting terrorist's moll. She's a human being and an American, and she must come home.
However varied their styles, poets writing in English today still rely on the early-twentieth-century Imagist principles of clarity, directness, presentative imagery and rhythm based on cadences. Although Imagism, revolutionary in its time, gathered force from several classical traditions, Chinese poetry was at the forefront.
Now, Crossing the Yellow River shows anew the vitality of classic Chinese poetry. Sam Hamill's collected translations contains beautiful versions by more than sixty poets, from the Shih Ching, or "Classic of Poetry" (10th century-600 BCE) through the eighth-century masters, Tu Fu, Li Po and Wang Wei, to the sixteenth-century poet Wang Yang-ming.
As W.S. Merwin writes in his elegant introduction, Hamill's translations stand in a long tradition of modern versions of classic Chinese poetry, notably Arthur Waley's 170 Chinese Poems of 1918. Merwin adds: "Sam Hamill's work, like Waley's, represents a lifetime's devotion to the classic originals, which survived in a long, subtle, intricate current."
Earlier than Waley's work, Ezra Pound's slim book Cathay (1915) was a landmark in poetry as well as in translation from the Chinese. Pound's contemporaries valued the tactile images and the musical freedom based on the concurrence of sounds rather than on rhyme and fixed stress counts. Still, his versions were marred by inaccuracies (such as referring to the "River Kiang" as though the river had a name, when actually the word kiang means river). "The Chinese Written Character as a Medium for Poetry," an essay written by Ernest Fenollossa and edited by Pound, introduced a new poetic method in which clusters of images and ideas (similar to what is conveyed in Chinese written characters) would take the place of the old logic and sequence of European poetics.
Following Pound's directness and musical freedom, Hamill returns to form, but in a far more natural way than did Pound's Georgian predecessors. For example, in translating the work of Tu Fu (712-770) Hamill observes the couplet that follows syntactical parallelism, as in "The palace walls will divide us/and clouds will bury the hills" ("Taking Leave of Two Officials"). Rightly the tone supersedes regularity of meter and rhyme, but in his
approximation of original forms he uses assonance, consonance and near-rhyme. (Caveat: I can compare English versions but since I do not read Chinese, I must rely on intuition, as well as the work of scholars elsewhere.)
The poems are radiant. "Taking Leave of a Friend," by Li Po (701-762), reads in its entirety:
Green mountains rise to the north;
white water rolls past the eastern city.
Once it has been uprooted,
the tumbleweed travels forever.
Drifting clouds like a wanderer's mind;
sunset, like the heart of your old friend.
We turn, pause, look back and wave.
Even our ponies look back and whine.
Li Po evokes the torment of emotional ambivalence with startling truth. The first two couplets contain natural images in motion, capturing the wanderer's intention: mountains that rise, water that rolls, tumbleweed that travels. The second set of couplets present images of fixity that also imply mortality. He is compelled to roam and he is attached--as are we all.
Here is the title poem of this collection, "Crossing the Yellow River," by Wang Wei (701-761):
A little boat on the great river
whose waves reach the end of the sky--
suddenly a great city, ten thousand
houses dividing sky from wave.
Between the towns there are
hemp and mulberry trees in the wilds.
Look back on the old country:
wide waters; clouds; and rising mist.
The metaphor, crossing the river, implies boundaries between present and past, change and habit, youth and the sense of aging (the latter prevalent in this anthology). By and large, the poets here attempt not the big emotion, which by itself can be intimidating, but the smaller fissures of that emotion. They deal with innuendoes, with truth relayed as it is in common speech, through bits of information, through sudden juxtapositions, through offhand observations of nature. From T.S. Eliot and Marianne Moore down to the present, this kind of emotional accounting prevails: I think immediately of poems such as Moore's "The Paper Nautilus," Eliot's "Preludes," Philip Levine's "Milkweed" and Karl Kirchwey's "In Transit," among others.
Li Ch'ing-chao (1084-1151), is one of the book's few poets known to be a woman. Hamill notes that she was one of China's greatest and also "one of the most influential critics of her age." "To the Tune: Boat of Stars" brings back to me Ezra Pound's remarkable adaptation of Li Po's "The River Merchant's Wife." Her poem begins:
Spring after spring, I sat before my mirror.
Now I tire of braiding plum buds in my hair.
I've gone another year without you,
shuddering with each letter--
I'm intrigued, too, by the work of an earlier poet, Tzu Yeh (fourth century). Like the speakers of the early Anglo-Saxon poems, such as "Wulf and Eadwacer" and "The Wife's Lament," the personae often are of women, but the author is unknown. The poems are brief, even slight, but their wit leaves room for growth in the reader's mind. Here, for instance, is "A Smile":
In this house without walls on a hill,
the four winds touch our faces.
If they blow open your robe of gauze,
I'll try to hide my smile.
Hamill's revised translation of Lu Chi's Wen Fu: The Art of Writing, a third-century ars poetica, reveals practices that are valuable for our time. More than a handbook, it counsels the mind and the spirit, which are all of a piece with style in Confucian Chinese thought. From Lu Chi's poetic treatise come these important maxims:
As infinite as space, good work
joins earth to heaven
Although each form is different,
each opposes evil:
none grants a writer license.
Language must speak from its essence
to articulate reason:
verbosity indicates lack of virtue.
Some of Lu Chi's injunctions are familiar ground rules:
Only through writing and then revising
may one gain the necessary insight.
Others are subtle but immensely meaningful:
Past and present commingle:
in the single blink of an eye!
Emotion and reason are not two:
every shift in feeling must be read.
The wen of Wen Fu means literary arts. In Confucian China, Hamill tells us, writing was inseparable from morality in that truth meant naming things. The fu is the form, whose syntactic parallelism strikes this listener as having affinities with passages in the Hebrew Bible, notably the Song of Songs.
As in the poetry anthology, Hamill's ease conveys profound ideas and intricate images with simplicity, naturalness and directness. The Wen Fu has appeared in other translations. When I was a teenager trying to write poetry, a family friend gave me for my birthday a desk dictionary and the Bollingen edition of E.R. Hughes's Lu Chi's Wen Fu, AD 302, which includes the document's history as well as a translation. I read it, but not happily, for the writing is ponderous. On the other hand, Hamill's prose is a fresh breeze.
Hamill is founding editor of Copper Canyon Press and a prolific author--the latest and best of his own poetry collections is Gratitude (1998). In "Discovering the Artist Within," he tells a disconcerting but lifting story of how he came to poetry. Orphaned at the age of 2, adopted, later beaten and sexually molested, he grew up to commit unlawful acts. Throughout his difficult early adulthood, though, he held to his literary talent as to a life raft. Among the contemporary poets whose work saved him and his writing were the Beat poets, Gary Snyder and especially Kenneth Rexroth, whose One Hundred Poems From the Chinese Hamill thanks in his new volume. It was from Rexroth he learned the discipline that poetry required. Three years in Japan--two in the Marines and one on a fellowship--added to his expertise as an Asian linguist as well as to his Zen practice.
Devotion aside, these books will endure. Their tone is a combination of zest, generosity and humility. "We are fortunate to live during the greatest time for poetry since the T'ang Dynasty," Hamill writes in his introduction to Crossing the Yellow River, aware that the classic Chinese poems capture the essence of today's practice. His humility is apparent from the last sentence of his introduction, an impassioned stance for our casual age: "I sit at the feet of the great old masters of my tradition not only to be in a position to pass on their many wonderful gifts, but to pay homage while in the very act of nourishing, sustaining and enhancing my own life."
A new era has begun in Serbia, not only because Slobodan Milosevic has at last been expelled from office but because the deed was accomplished by the Serbian people acting in solidarity and without recourse to violence to seize their political destiny. The world will not soon forget the spectacle of Serbian riot police embracing demonstrators or the ballots spilling from the windows of the Serbian Parliament building.
Six months ago, such developments were unthinkable: Serbia's opposition had grown battle-weary and despondent, outmaneuvered by a repressive regime and fractured by internal divisions. Much of the credit for the energy, creativity and wherewithal of the protests belongs to Serbia's youth movement, Otpor, which aggressively advocated coalition-building, nonviolent civil disobedience and the importance of winning police and military support. The popular rebellion in Serbia bore the hallmarks of Otpor's strategy, as well as the youth movement's exuberance and optimism.
Still, the politics of coalition-building are complicated and perilous. Can groups, individuals and institutions that once supported Milosevic's ruling party or that launched and sustained the rhetoric of war really be trusted to help lead Serbia into the new era? For how long will the eighteen opposition parties that united behind Vojislav Kostunica continue to cooperate in the absence of a common enemy? Given Serbia's deeply divided political scene, Kostunica, a nationalist democrat from the center right, was a canny choice for presidential nominee: Uncorrupted by regime ties or mafia connections, Kostunica has a reputation for personal honesty and integrity. An anti-Communist, he also has a history of fierce opposition to Western interference in Serbian affairs. He has denounced the Hague war crimes tribunal as a political tool, he had strong wartime ties to Bosnian Serb leader Radovan Karadzic, and he decried the Dayton agreement of 1995, favoring more substantial Serbian territorial claims in Bosnia. As for the Serbian offensive against Albanians in Kosovo, Kostunica once told the Chicago Tribune, "Their leaders asked for Kosovo to be bombed. How should we behave? How would Americans behave?"
These views appealed to Milosevic's former constituency as well as to the substantial nationalist opposition that has long felt that Milosevic betrayed Serbian territorial aims and soiled the country's international image. Many ordinary Serbs share an abiding distrust of the international community, especially the United States, which they feel punished the people for the actions of a leader many of them despised. At the same time, although he wears his nationalism proudly, Kostunica says that it entails neither chauvinistic intent nor "Greater Serbian" aspirations. Kostunica has always opposed the deployment of paramilitaries, and he is a democrat who favors a free press, a truth commission and the rule of law. His impressively level-headed command of the peaceful rebellion speaks for his commitment to nonviolent conflict resolution within Yugoslavia.
And yet there is an antinationalist segment of the Serbian opposition, however small, that embraces the country's new leader very cautiously. These civil society leaders, many of whom weathered the Milosevic years in Serbia's sizable NGO community, worry that Kostunica will bring with him certain elites who fell from Milosevic's favor in the mid-nineties. After all, among Kostunica's close allies are the Serbian Academy of Sciences and Arts and the Serbian Orthodox Church, both of which helped produce the nationalist rhetoric that Milosevic seized to bolster popular support and to fuel the war machine. Serbian nationalism in all its varieties will not soon disappear, and the student movement in particular has a crucial role to play in keeping Kostunica, as well as his future challengers, honest and in helping a meaningful political life to take root at last in Serbia.
Meanwhile, the practical challenges are monumental. Yugoslavia's economy is a shambles. Not only did NATO bomb key factories last year; not only did sanctions create a vacuum since filled by an all-pervasive black market; not only does Serbia lack a banking system and access to foreign banks; but Milosevic and his cronies established an elite class of gangsters and paramilitaries whose ill-gotten wealth will be difficult to simply wish away. To neutralize the power of organized crime, the holdings of war profiteers and mafia lords may have to be legalized, or at the very least, these characters, who have played such a nefarious role in Serbia's financial and cultural life for the past decade, must be persuaded to invest their wealth constructively. In a society whose institutions, from banks and hospitals to schools and courts, have been neglected or co-opted, and where the flight of the professional classes became a virtual hemorrhage, the road to recovery will be long indeed. Although the easing of sanctions and the promise of aid will help, the people of Serbia must survive a very difficult period of adjustment.
At the end of this period, however, Serbia, the largest and most populous nation in the ex-Yugoslav region, could once again become a forceful neighbor. This is just one reason that it is so important for Serbia to reckon with its recent history and rebuild its relationships with the other ex-Yugoslav republics on a foundation of humility and cooperation. The status of Montenegro remains an open and vexed question, with some of Milo Djukanovic's followers still straining for independence and Milosevic's party officially governing Montenegro on the federal level. And against the will of the Albanian majority, Kosovo remains nominally a part of Yugoslavia; with a reputable government in Belgrade, the international community will eventually withdraw.
The question of reconciliation with the past, specifically Serbia's role in the Yugoslav wars, is also a critical one, and it will most likely be resolved on local terms or not at all. Many Serbs believe they have been demonized by the world media and unfairly singled out for punishment for the Bosnian war. Thus, stern rebukes from abroad often meet with hostility. Although Kostunica has unfortunately vowed not to cooperate with The Hague, he may offer war crimes trials on Serbian soil. One hopes the new freedom of expression Kostunica promises will allow journalists and academics to explore recent history publicly and candidly. This internal process will be delicate, painful and contentious, but it offers the possibility of deep and lasting change.
Why are white men so screwed up? If you can believe the polls, they
identify by a huge margin with George W. Bush as one of them. What gives
with these delusions of grandeur in which Joe Six-Pack puts himself in
the same boat with a pampered son of the super-rich? Did average white
males grow up in the lap of luxury and get to squander funds invested by
family friends in failing oil ventures? Can they fashion a well-greased
political career based solely on their fathers' names?
Obviously not, but what has traditionally bound white males to men
like Bush is that they, too, like to think of themselves as being
winners simply as a perk of birth. That way, if they also got poor
grades in college, they could still think of themselves as smart enough
to be president, when even the brightest women couldn't. Not that all
white males are actually winners, but they don't have to feel like
losers, since they can still feel superior to women and minorities.
But now, with equality growing between the sexes and even the
races, white males feel their privilege threatened by the prospect of an
even playing field. They blame this on the Democrats for pushing
affirmative action, which started to break up the old-boy network. So
they tend to vote for Republicans in large numbers, thinking that
progress can be held back and traditional values restored, meaning that
women will be put back in their place.
Such a reversal of white female fortunes would be a disaster for
white males, if they would only stop to think about it, but being white
males, they don't. The brute truth of the statistics on the boom in
American family prosperity is that it is based on females entering the
work force and obtaining better pay. Particularly white females, who
have been the main beneficiaries of efforts to make the job market a bit
White men are inclined to think that a rise in women's pay means a
decline in males' standard of living. That's because white males have
not grasped the fact that women tend to intermarry--with men--meaning
that their incomes are shared with husbands and male offspring and even
fathers, whom they occasionally help support.
But beyond the economics of equal pay for equal work, there are
those other "women's issues," which the Democrats support and to which
men are indifferent, most significantly the issue of "choice." If males
would just ponder for a second how women get pregnant, they might not be
so quick to define abortion as a "women's issue."
Let's say that George W. gets to make good on his expressed desire
to pick U.S. Supreme Court justices in the mold of Anthony Scalia and
Clarence Thomas, who then overturn Roe vs. Wade. Where does that leave
men who have gotten women pregnant and decide they are not ready for
fatherhood? Well, in the bad old days, it left them accompanying fearful
women on a trip to Tijuana or some back-alley abortion mill in this
country, in the process not only betraying the health needs of a woman
they claimed to love but incurring legal risks as well.
It's perplexing how a host of other issues that would seem to
affect men equally with women got to be gender-defined in polls. Why are
women more pro-environment, pro-children and pro-health care, or more
concerned about saving Social Security? Is it that Darwinian nesting
thing? Women want the civilizing effect of government to protect the
vulnerable. Men see themselves as cowboys at war on the frontier in need
of personal arms and a strong cavalry at the fort to back them up.
Do men not know that if Social Security gets wrecked with this
privatization gamble Bush is hustling, they will be hurt? Even younger
men who might have to cut into their discretionary income to take care
of their aging parents. As for the environment, one has to assume men's
lungs are not gender-protected from the poisonous fumes that now make
Houston the pollution capital of the nation. Surely males can appreciate
the wonders of hunting and fishing in the pristine environment of Alaska
that is threatened by the Bush-Cheney team's promise to rape its energy
resources and turn it into another Texas.
If being pro-choice, pro-environment and in favor of the security
of older people makes Al Gore a wimp, shouldn't we men reexamine our
macho standards? Remember that limp cigarette in the mouth of the cowboy
in those anti-tobacco ads that link smoking with impotency? Macho men
are a dying breed.
It took twelve years for the FDA to approve mifepristone--also known as
RU-486--and most of that time had less to do with medicine than with the
politics of abortion. Still, the late-September decision was a
tremendous victory for American women. In approving RU-486, the FDA
showed that science and good sense can still carry the day, even in an
The long delay may even backfire against the drug's opponents. In 1988,
when mifepristone was legalized in France, it was a medical novelty as
well as a political flashpoint. Today, it's been accepted in thirteen
countries, including most of Western Europe; it's been taken by more
than a half-million women and studied, it sometimes seems, by almost as
many researchers. By the end of the approval process, the important
medical professional organizations--the AMA, the American Medical
Women's Association, the American College of Obstetricians and
Gynecologists--had given mifepristone their blessing; impressive
percentages of Ob-Gyns and family practitioners said they would consider
prescribing it; thousands of US women had taken it in clinical trials
and given it high marks, with 97 percent in one study saying they would
recommend it to a friend. Against this background of information and
experience, the antichoicers' attempt to raise fears about the drug's
safety sounds desperate and insincere.
In a normal country, RU-486 would simply be another abortion method, its
use a matter of personal preference (in France it's the choice of 20
percent of women who have abortions, while in Britain only 6 percent opt
for it). But in the United States, where abortion clinics are besieged
by fanatics and providers wear bulletproof vests, mifepristone's main
significance lies in its potential to widen access to abortion,
especially in those 86 percent of US counties that possess no abortion
clinic, by making it private--doctors unable or unwilling to perform
surgical abortions could prescribe it, and women could take it at home.
It is unlikely, however, that Mifeprex, as the drug will be known when
it comes on the market, will prove to be the magic bullet that ends the
war on abortion by depriving antichoice activists of identifiable
targets. The nation has been retreating from Roe v. Wade for a
quarter-century, and a good portion of the patchwork of state and local
regulations intended to discourage surgical abortion will apply to
Mifeprex as well: parental notification and consent laws (thirty-two
states), waiting periods (nineteen states), biased counseling and
cumbersome reporting and zoning requirements. States in which
antichoicers control the legislatures will surely rush to encumber
Mifeprex with hassles, and small-town and rural physicians in particular
may find it hard to prescribe Mifeprex without alerting antichoice
activists. Doctors are a cautious bunch, and the anticipated flood of
new providers may turn out to be a trickle, at least at first. Abortion
rights activists should also brace themselves for a backlash from their
hard-core foes: Just after the FDA's decision was announced, a Catholic
priest crashed his car into an Illinois abortion clinic and hacked at
the building with an ax.
But in the long run, Mifeprex will make abortion more acceptable. In
poll after poll Americans have said that when it comes to terminating a
pregnancy, the earlier the better. Mifeprex, which has been approved for
the first forty-nine days after a woman's last menstrual period--when
the embryo's size varies from a pencil point to a grain of rice--may
well prove not to arouse the same kinds of anxieties and moral qualms as
surgical abortion. Then, too, Americans are used to taking pills. That,
of course, is what the antichoicers are afraid of.