News and Features
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.
Certainly...get him hanged! Why not? Anything--anything can be done
in this country. --Joseph Conrad, Heart of Darkness
So here we are, barely into the next century, and the indications
couldn't be better. Peace and prosperity rule. Forget World Wars I and
II, the Nazi death camps, the gulag, Hiroshima, even Vietnam. Forget
that whole last benighted century of ours, that charnel house of
darkness in the heart of the West, or the Free World as we called it,
until, ever so recently, the whole world was freed. That's old news. It
was old even before the "short Twentieth Century," which began amid
nationalist cheers in August 1914, ended early as that wall in Berlin
came down. It's hard to believe now that in 1945, after Europe's second
Thirty Years' War, the civilization that had experienced a proud peace,
while dominating two-thirds of the planet, lay in ruins; that it had
become a site of genocide, its cities reduced to rubble, its fields laid
waste, its lands littered with civilian dead, its streets flooded by
refugees: a description that today would be recognizable only of a place
like Kosovo, Chechnya or Sierra Leone.
What a relief, when you think about it; more so if you don't: Mass death,
massacre (every acre of it), the cleansing of civilian populations, the
whole bloody business has finally been handed back to the savages in
countries nobody who counts really gives a damn about anyway. After all
these years, we face a world in which genocide happens in Rwanda or East
Timor, slaughter and mass rape in the cesspool of the Balkans, which
hardly qualifies as Europe anyway, or in African countries like
Congo--and most important of all, they're doing it to one another. Even
when it comes to nuclear matters, the MAD policies of the two
superpowers have been deposited in the ever-fuller dustbin of history
(though most of the weapons linger by the thousands in the same hands),
and the second team, the subs, have been called in. Now, Indians and
Pakistanis have an equal-opportunity chance to Hiroshimate each other
without (at least initially) involving us at all.
We always knew that violence was the natural state of life out there;
that left to their own devices they would dismember one another without
pity. We've more or less washed our hands of mass death, the only
remaining question being: If they slaughter each other for too long (or
too many gruesome images appear on our TVs), do we have a moral
obligation to intervene for their own good?
With history largely relegated to the History Channel and hosannas to
the Greatest Generation, the disconnect between the exterminatory
devastation of 1945 and our postmillennial world of prosperity seems
complete. So it's hard to know whether to respond with a spark of
elation or with pity on discovering that a few intrepid writers--Mark
Cocker, Adam Hochschild, Jonathan Schell and Sven Lindqvist--have begun
an important remapping of the exterminatory landscape of the last
centuries. (As an editor, I should add, I have been associated with
Hochschild and Schell.) Interestingly, none of them are professional
historians; and I hesitate to call them a grouping, for they seem
largely ignorant of one another's work. Yet their solitary efforts have
much in common.
They have taken remarkably complementary journeys into the West's now
largely forgotten colonial past. Considered as a whole, their work
represents a rudimentary act of reconstructive surgery on our collective
near-unconscious. They are attempting to re-suture the history of the
West to that of the Third World--especially to Africa, that continent
where for so long whites knew that "anything" could be done with
impunity, and where much of the horror later to be visited upon Europe
might have been previewed.
Worried by present exterminatory possibilities, each of these writers
has been driven back to stories once told but now largely ignored. Three
of the four returned to a specific figure, a Polish
seaman-turned-novelist who, as a steamboat pilot in the Congo, witnessed
one exterminatory moment in Africa and on the eve of a new century
published a short novel, Heart of Darkness, based on it. Of the
four, only Hochschild has done original historical research. But that,
in a way, is the point. They are not telling us new stories but
reclaiming older ones that have dropped from sight, and so
re-establishing a paper trail on extermination without which our modern
moment conveniently makes no sense.
During the Kosovo crisis of last year, it was commonplace if not routine to hear two mantras being intoned by those who had decided that "never" would be about the right time to resist ethnic cleansing with a show of force. We were incessantly told (were we not?) that NATO's action would drive the Serbs into the arms of Slobodan Milosevic. And we were incessantly told (were we not?) that the same NATO action would intensify, not alleviate, the plight of the Kosovar refugees. Now there has been an election that was boycotted by almost all Kosovars and by the government of Montenegro. And even with the subtraction of these two important blocs of opposition voters, it is obvious that Milosevic has been humiliated, exposed, unmasked, disgraced.
Every five years the psychologist Judith Wallerstein updates her ongoing
study of 131 children whose parents were going through divorce in Marin
County, California, in 1971, and every five years her warnings about the
dire effects of divorce on children make the headlines, the covers and
the talk shows. Her new book, The Unexpected Legacy of Divorce,
ups the ante: She now believes that parents should grit their teeth and
stay together, so traumatized were her interviewees even into their 20s,
contending with drugs and drink, bad boy-friends, unsatisfactory jobs,
low self-esteem and lack of trust in relationships. Before you young
cynics out there say welcome to the club, remember: This is not a
moralistic sermon dreamed up by Dr. Laura, the Pope, your relatives or
even Judith Wallerstein. This is science.
But what if it isn't? Scholars have long been critical of Wallerstein's
methods: She had no control group--kids just like the ones in her study
but whose unhappily married parents stayed together. (In her new book
she has attempted to get around this flaw by interviewing a "comparison
sample" of people from intact families who went to high school with her
subjects, but the two groups are not carefully matched.) She generalizes
too quickly: Can sixty Marin County families really stand in for all
America? Are the seventies us? Doesn't it make a difference that fathers
today are more involved with their kids both before and after divorce,
that mothers are better educated and better able to support themselves,
that divorce is no longer a badge of immorality and failure? It never
occurs to Wallerstein, either, that the very process of being
interviewed and reinterviewed about the effects of parental divorce for
a quarter-century by a warm, empathetic and kindly professional would
encourage her subjects to see their lives through that lens. "Karen" may
really believe divorce explains why she spent her early 20s living with
a layabout--blaming your parents is never a hard sell in America--but
that doesn't mean it's true.
The media tend to treat such objections rather lightly. Wallerstein's
critics "don't want to hear the bad news," wrote Walter Kirn in
Time's recent cover story. The real bad news, though, is the way
Wallerstein has come to omit from her writings crucial information she
herself presented in her first book about her research, Surviving the
Breakup, published in 1980.
How did Wallerstein find her divorcing couples, and what sort of people
were they? In her new book, she writes that they were referred by their
lawyers "on the basis of their willingness to participate." Surviving
the Breakup gives quite a different picture: "The sixty families who
participated in this study came initially for a six-week divorce
counseling service. The service was conceptualized and advertised as a
preventive program and was offered free of charge to all families in the
midst of divorce. Parents learned of the service through attorneys,
school teachers, counselors, social agencies, ministers, friends, and
newspaper articles." In other words, Wallerstein was not just offering
people a chance to advance the cause of knowledge, she was offering free
therapy--something she today vehemently denies ("Naturally I wanted to
be sure that any problem we saw did not predate the divorce. Neither
they [the kids] nor their parents were ever my patients"). Obviously,
people who sign up for therapy, not to mention volunteering their kids
for continuing contact, have problems; by choosing only therapy-seekers,
Wallerstein essentially excluded divorcing couples who were coping well.
Today, Wallerstein provides no information about the psychological
well-being of the parents before divorce, but in her 1980 book, she is
very clear about how troubled they were. Only one-third displayed
"generally adequate psychological functioning." Fifty percent of the men
and almost as many women were "moderately troubled"--"chronically
depressed, sometimes suicidal individuals...with severe neurotic
difficulties or with handicaps in relating to another person, or those
with longstanding problems in controlling their rage or sexual
impulses." Fifteen percent of the men and 20 percent of the women "had
histories of mental illness, including paranoid thinking, bizarre
behavior, manic-depressive illnesses, and generally fragile or
unsuccessful attempts to cope with the demands of life, marriage, and
family." Some underwent "hospitalization for severe mental illness,
suicide attempts, severe psychosomatic illnesses, work histories ridden
with unsatisfactory performance, or arrests for assault." It's not for
me to say whether a sample in which two-thirds of the participants range
from chronically depressed to outright insane represents the general
public--but attributing all their children's struggles to divorce is
The way Wallerstein describes her sample has changed also. In a table in
her 1980 book, she places 28 percent of the families in the two lowest
of five social-class rankings, as defined by the Hollingshead index, and
23 percent in the highest. In the new book, these figures are mentioned
in passing, but at the same time she calls all the families "middle
class"--including a famous wife-beating TV executive and his former
spouse, a wealthy travel agent who spent her life globe-trotting. All
are now "educated," as well, including the substantial percentage of
parents (24 percent of the mothers and 18 percent of the fathers at
initial contact in 1971) who hadn't been to college. Gone too are such
relevant facts from the earlier book as that one-third of the couples
had "rushed into a precipitous marriage because of an unplanned
pregnancy" and that half the wives, "because of their age and lack of
job experience, were viewed realistically as unemployable."
In short, what we have here are not generic white suburbanites who threw
away workable marriages in order to actualize their human potential in a
Marin County hot tub. We have sixty disastrous families, featuring crazy
parents, economic insecurity, trapped wives and, as Wallerstein does
discuss, lots of violence (one-quarter of the fathers beat their wives;
out of the 131 children, thirty-two had witnessed such attacks). How on
earth can she claim that divorce is what made her young people's lives
difficult? The wonder is that they are doing as well as they are.
How the New York Times convicted Wen Ho Lee.
Let's give up some applause for Dick Cheney for affirming in deed, if not words, that homosexuality is perfectly consistent with traditional family values. The decision for a Republican candidate for the vice presidency to have an avowed homosexual at his side through virtually every hour of his campaign is a bit risky. It means taking on the forces of intolerance on the right wing of his party, a wing that at one time included Cheney and, more prominently, his wife.
However, now that Cheney has granted his lesbian daughter a major role in his campaign, is it not time for the candidate to distance himself from a Republican platform that would deny equal rights protection to all homosexuals? Evidently homosexuals can be reliable workers, and it should be illegal to discriminate against folks like Mary Cheney simply because of their sexual orientation.
"I think of her as sort of my aide-de-camp," candidate Cheney said in paying tribute to his daughter Mary in an interview last week with the New York Times: "She keeps all the paper flow coming to me; everything sort of funnels through her. More than that, she knows me. She has no qualms about telling me when she thinks I'm wrong, or when I need to do something. Mary will always come in and lay it right on me. My experience over the years is that's invaluable in a campaign. Everybody wants a good relationship with the candidate--not everybody will level with you. Mary levels with you."
One would accept such excellent skills to be valuable to any employer not biased by prejudice against gays. Yet anti-discriminatory laws are needed precisely because not all employers have had the opportunity to learn from their own offspring that homosexuals are indeed normal people.
Given that Mary Cheney is proving so valuable in the campaign, would Cheney, the person who'd be next in line to become commander in chief of the armed forces if George Bush wins, still stick to his oft-expressed view that homosexuals not be allowed to serve in the military? Would his daughter be more inclined than heterosexuals in the military to undermine morale by acting in indecorous ways?
The Republican platform declares that homosexuality is "incompatible" with military service and even stands "united" with the Boy Scouts in that organization's avowed policy of excluding gays. Does Dick Cheney believe that the Girl Scouts are amiss in not following the example of the Boy Scouts, and would he be in favor of excluding his own daughter from playing a role in that organization?
These questions are not intended to be cute or to pull the candidate's chain. They go directly to the hypocrisy in which we treat homosexuals as dangerous freaks unless we happen to be friends with, or related to, one.
Ignorance is the essential ingredient in hate. Dick Cheney probably didn't know his daughter was gay when he compiled one of the most viscously anti-gay voting records in Congress. He was one of only 13 representatives in 1988 who voted against funding for AIDS testing and research at a time when that was conveniently thought to be an exclusively gay disease, and one of only 29 that same year to vote against a Hate Crimes Statistics Act.
Perhaps he would vote differently now that his daughter, whose judgment he trusts in all important matters, has determined that she is indeed a homosexual. Should a woman of such sound thought and strong moral principles not be the best judge of her essential sexual nature? Or should we continue to be guided by the bigotry of legislators and religious proselytizers? It is still against the law in Texas to perform homosexual acts; does Mary Cheney have to retreat to Colorado to legally make love?
Yes, it would be best if such decisions could be left in the private realm, as the Cheneys now ask in refusing to discuss their daughter's sexuality. But it's too late for such niceties because the hate-mongers and their respectable allies in the Republican Party have for decades exploited homosexuality as a hot political issue. It is they who have thwarted every legislative effort to grant to homosexuals the same rights afforded all other citizens.
One can understand why Mary Cheney does not now want to become a poster woman for gay rights. But she is, by her father's witness, living proof that being gay is perfectly compatible with leading a moral, public-spirited and fully enriched family values life. She is a role model that even the political right might be forced to respect.
Neoconservatives are serial grave-robbers. Back in the early eighties, Norman Podhoretz tried to claim both Ronald Reagan and George Orwell as part of his meshuggeneh mishpocheh. Now, say what you will about the dimwitted defender of right-wing terrorism and the scrupulously honest symbol of the Anglo-American democratic left, they do not belong in the same political movement. Honest admirers of both men pointed out the fallacy in this transparent tactic, but two decades later, no cure has been found. Last seen in the neocons' trunk leaving the literary graveyard were the intellectual remains of the liberals' liberal, the critic Lionel Trilling.
Trilling never uttered so much as a sympathetic syllable about the neocon/Reaganite worldview to which his would-be inheritors became so attached after his death in 1975. Yet there he was, sitting atop a pyramid of Reagan-worshipers--people whose politics he never endorsed and whose style of argument he abhorred--in a chart accompanying a Sam Tanenhaus-authored encomium to the neocons in the New York Times a few Saturdays ago. The trick with Trilling is really no different from that with the refashioned Orwell. (Ironically, as John Rodden notes in his 1989 study, The Politics of Literary Reputation, it was Trilling's introduction to a 1952 reissue of Homage to Catalonia that was almost singularly responsible for securing the writer's reputation in the United States as a kind of secular saint.) Both men wrote witheringly of those intellectuals who gave their hearts and minds over to Stalinism, prescribing tough-minded scrutiny in the face of emotional appeals. In a foreword to a 1974 edition of The Liberal Imagination, Trilling pointed out that his early essays were inspired by "a particular political-cultural situation" he identified as "the commitment that a large segment of the intelligentsia of the West gave to the degraded version of Marxism known as Stalinism." With Trilling safely unable to respond, the neocons twist these words in order to apply them to liberalism itself.
Podhoretz has long been critical of his ex-teacher for what he termed his "failure of nerve" that was part of "an epidemic of cowardice" he detected in anyone who failed to agree with him. Writing in The Atlantic Monthly, Nathan Glick notes that "besides being a disloyal deprecation of a former friend and mentor," these claims "have the scent of ideological self-serving. They come with particular ill grace from a writer who treats his own seven-year flirtation with the New Left as not only easily forgivable but also proof of his editorial flair for riding the tide of political fashion." In fact, as Glick points out, Trilling viewed liberalism as "a political position which affirmed the value of individual existence in all its variousness, complexity, and difficulty." Nothing, however, could be further from the neoconservatives' creed--one that has served, in the view of Leon Wieseltier, editor of a generous new collection of Trilling essays called The Moral Obligation to Be Intelligent, as "the anti-intellectualism of the intellectuals." By inventing a genealogy that goes back to Trilling, Wieseltier notes, "They enhance their intellectual self-esteem. They have this view that everyone to the right of the left is Neoconservative, or a Neoconservative who dares not speak its name."
In fact, the critics of the counterculture whose writings have held up best during the past thirty years are those who never gave themselves over to the neocon temptation--who never became apologists for Reagan and Bush, much less Pat Robertson and Jerry Falwell. Liberal and socialist anticommunists like Daniel Bell, Nathan Glazer, Irving Howe, Michael Harrington, Alfred Kazin and Garry Wills led a relatively lonely intellectual life in the eighties, as Podhoretz, Irving Kristol, Elliott Abrams and Jeane Kirkpatrick were all toasting themselves at the Reagan White House. But contrary to Tanenhaus's apologia, it is their works--together with Updike's Rabbit and Roth's Zuckerman extravaganzas--to which historians will one day turn to comprehend the combination of ignorant arrogance and small-minded self-delusion that captured both American extremes in the final decades of the twentieth century.
Another oddity of Tanenhaus's article was the news that the forever-ricocheting Michael Lind, who mimicked Podhoretz recently with his own McCarthyite tract on the Vietnam era, is writing a manifesto to try to revive the neoconservative creed he once savaged. His co-author is Ted Halstead, president of the New America Foundation. Here history repeats itself as farce. First-generation neocons hijacked liberal institutions like Commentary and Partisan Review (and, sadly, much of The New Republic) and gave them over to conservative purposes. Halstead's organization (with which I was briefly associated) now takes precious funds from progressive donors and redistributes them to the likes of the right-wing Lind and the conservative, isolationist, foreign-policy writer Robert Kaplan. Halstead has even boasted of trying to hire George W. Bush's chief speechwriter. "Fool me once, and shame on you," explained the sage engineer of the Star Ship Enterprise, Mr. Scott. "Fool me twice, and shame on me."
* * *
Babs in Toyland: The famously sensitive liberal icon Barbra Streisand recently played the first in a long series of "farewell performances" in New York and LA, gouging fans to the tune of $2,500 per ticket. The worthy cause? Another twenty million or so for the greater glory of Barbra Streisand Inc. Streisand herself destroyed the political economy of concert-going in the mid-nineties by charging in the hundreds for tickets. Today the Eagles and Billy Joel jack up prices to $1,000 apiece. The Stones routinely charge $350; the Who, $250. Both bands were a hell of a lot better in the pre-Streisandified seventies, when I saw them for about two-weeks' allowance. Yes, I know, markets, supply and demand, blah, blah, blah. But could we please put an end to the deification of multimillionaire rock stars who shake down their own fans? (Rock critics rarely make this point, because they get free tickets.)
Ben Katchor had been a bit of a cultural phenomenon for nearly a decade before he became a MacArthur fellow--a first for a cartoonist--this summer; is this the beginning of comic-strip artists being recognized as "real" artists?
Activists have achieved power. Now they need to figure out how to use it.
The Supreme Court opens its new term with a case that raises the stakes dramatically in the politics of fetal rights. At issue in Ferguson v. City of Charleston is whether a public hospital violates the Constitution when it tests pregnant women for drug use and turns over positive results to the police without so much as obtaining a search warrant.
Medical professionals and the general public agree that it is not desirable for pregnant women to use drugs. But this case raises a different question: Do women forfeit basic constitutional rights to equal treatment, due process and protection against unreasonable searches and seizures when they become pregnant?
South Carolina has been a leader in the movement, building ever since Roe v. Wade legalized abortion, to establish rights for fetuses. No state has done more to target pregnant women who use drugs. Starting in 1989, the Medical University of South Carolina (MUSC) invited the police and local prosecutor to help implement a policy directed at prenatal-care patients. Women who came to MUSC, the only facility for indigent patients in Charleston, were threatened with arrest if they tested positive for drugs. Some were jailed for the duration of their pregnancies (surely not an optimal environment for pregnant women's health), and others were jailed after giving birth, still in their hospital gowns. All but one were black. The crimes they were charged with--drug possession, child neglect and distributing drugs to a minor--carried penalties of two to twenty years.
South Carolina Attorney General Charles Condon has said, "There is no constitutional right for a pregnant mother to use drugs." True enough. But the Constitution does guarantee rights of personal liberty and due process, which in turn require that all people, regardless of race or gender, be treated fairly and equally under the law. And the Charleston police department has never arrested a male hospital patient and charged him with possessing drugs on the basis of a positive urine test.
The real issue is how to respect pregnant women's constitutional rights while improving their (and their future children's) chances of a good outcome. The state maintains that the "stick" of criminal intervention is necessary to make its policy of "encouraging" pregnant women to get treatment effective. But at the time the policy took effect, there was not a single residential drug-abuse-treatment program for women in the entire state. MUSC itself would not admit pregnant women to its treatment center. And no outpatient program in Charleston provided childcare so that pregnant women with young children could keep their counseling appointments.
Finally, arresting women after they give birth does nothing to promote a healthy pregnancy or newborn. This practice also hinders the basic goals of keeping families together and promoting family stability through the provision of rehabilitative services instead of punishment.
Condon has made plain his desire to challenge the premise underlying abortion law: that a fetus is not a person in the constitutional sense and has no rights of its own. In 1998 he told the Washington Times that he would be "proud" and "very pleased" to defend his policies, "even in terms of reversing Roe v. Wade."
Faced with sanctions and the loss of federal dollars when the federal government investigated MUSC for ethics violations and discrimination against African-American women, the hospital suspended its policy in late 1994. But the program's architects got a boost when the State Supreme Court ruled in 1996 that a viable fetus is a person under the children's code, a ruling that the US Supreme Court allowed to stand. Condon then instructed district attorneys around the state to prosecute for "child abuse" women who take drugs during pregnancy.
Because most women in the United States get pregnant at least once in their lives, the practical and political implications of the Supreme Court's decision in Ferguson v. City of Charleston will be enormous. Fetal rights advocates recently scored a victory in Massachusetts when a judge entered an order of protection on behalf of a fetus and took a pregnant woman into state custody. The state alleges that the woman let her last baby die shortly after birth but has not charged her with any crime. If the Court upholds South Carolina's policy, it will encourage similar actions, effectively putting American women on notice that if they become pregnant, their lives are no longer their own.
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