Unchastened by the widespread denunciation of their election decisions, the Supreme Court's conservative bloc seems determined to continue using its one-vote majority to ram through an assault on Congressional power. Two recent cases illustrate how indifferent the conservatives have become to traditional notions of the separation of powers, fidelity to constitutional and statutory text and their own rhetoric about judicial restraint. This time the victims were the disabled and the environment.
In 1995 Patricia Garrett, a director of nursing at the University of Alabama Hospital, was demoted after taking time off for lengthy breast cancer treatment. She sued the state for damages under the Americans with Disabilities Act (ADA) and won in the lower courts. In February, however, the Court's five conservatives ruled that the Eleventh Amendment barred her suit and dismissed it (University of Alabama v. Garrett).
In six decisions since 1993, the five conservatives have ruled--usually over angry dissents by the other Justices--that suits against a state are barred by the Eleventh Amendment. Section 5 of the Fourteenth Amendment, which authorizes Congress to enforce rights guaranteed by that amendment by "appropriate legislation," has, however, been held to override the Eleventh Amendment. Garrett tried to use that precedent. The 5-4 majority refused. As they read the legislative record supporting the ADA, Congress had not shown a need for the law.
The Eleventh Amendment merely denies federal courts the authority to hear suits against a state by residents of another state. The conservative majority has, however, interpreted it to incorporate the ancient and now-discredited sovereign immunity doctrine, the notion that "the king can do no wrong." As a result, state governments do not have to compensate their victims for state misconduct, no matter how egregious. And the conservative majority has applied this even to suits by a state's own residents, as in the Garrett case, and to suits in state courts for state violations of federally created rights, despite the express language of the amendment limiting it to suits by out-of-staters in federal courts.
As for Section 5, Rehnquist recognized that it grants Congress leeway in deciding how to enforce the Fourteenth Amendment, particularly when it comes to finding the facts and shaping a remedy. But then he cavalierly dismissed thirteen Congressional hearings, a report by a national task force that took testimony in all fifty states, census results and other studies as well as about 300 examples of state discrimination against the disabled, all cited in Justice Stephen Breyer's dissent. Even if all this did show a pattern of discrimination, Rehnquist wrote, Congress hadn't proved that the discrimination was "irrational," which he has defined elsewhere as "patently arbitrary." To comply with such a rule, however, Congress would have to evaluate the evidence for each of the instances of discrimination it relies on, an obvious impossibility and never before required of a legislative body. As a result, states can now violate Congressionally created rights for the elderly, pregnant women, the mentally retarded, the mentally ill and others with impunity, for they know they won't have to pay anything if sued.
Some six weeks earlier, the conservative Justices used a different technique in their campaign to undermine federal authority. Under the Clean Water Act, the Army Corps of Engineers regulates the discharge of landfill into "waters of the United States." In 1986 the corps issued a regulation, the migratory bird rule, which read the statute to include all wetlands used as habitat by migratory birds. When some Chicago suburbs tried to convert an isolated gravel pit that had become a pond used by migratory birds into a waste disposal site, the corps refused to allow it.
In another opinion by Rehnquist, the five conservatives struck down the corps regulation (Solid Waste Agency v. US Army Corps of Engineers). The pond was not connected to navigable waters, and for the majority this raised "significant constitutional and federalism questions" about whether Congress's power to regulate interstate commerce gave it jurisdiction over such sites. To avoid deciding the question, the majority said the Clean Air Act was not intended to authorize the migratory bird rule.
Reading statutes narrowly to avoid deciding "significant" constitutional questions is not unusual. But here there are no "significant" constitutional questions. A 1920 Supreme Court decision held that Congress may regulate matters affecting migratory birds, especially since bird-watching and hunting involve millions of people who spend billions of dollars on their recreation. The only way the conservative majority could justify striking down the migratory bird rule was by misapplying the avoidance rule.
Traditional deference to Congress has been replaced with a hostility and distrust not seen since the 1930s. And just as in the thirties, the conservative Justices' repeated blows at Congressional power constitute a major threat to Congress's ability to "promote the general welfare." So far the victims have included battered women, Indians, the elderly, gun control, the environment, the disabled. There will almost certainly be more.
For now, little can be done. But we can do something about the future. George W. Bush was put into office by Justices who have persistently cut into federal power in order to promote right-wing interests. We must persuade senators--of both parties--to block any Justices nominated by Bush who will pursue the same judicial agenda. Otherwise any Congressional or executive efforts to make this a more decent, safer America will be undermined by these Justices for years to come.
Net worth, more than any other statistic, shows the depth of racial inequality.
It's easy to blame cartoons for gun-toting kids. But the truth isn't so tidy.
The history which bears and determines us has the form of a war rather than that of a language: relations of power, not relations of meaning.
--Michel Foucault, Power/Knowledge
Michel Foucault would have been fascinated by late-twentieth-century presidential campaigns.
--Lynne Cheney, Telling the Truth
Since the late 1980s, when they discovered with horror certain French-derived theories of social science and literary analysis that long before then had taken root among left-leaning academics in the United States--essentially replacing Marxist dialectics as weapons of intellectual struggle, in reaction against the failure of radical politics in the 1960s--American conservative intellectuals have held these particular theories under siege. In such books as Tenured Radicals (1990) by New Criterion managing editor Roger Kimball, Illiberal Education (1991) by ex-Reagan White House domestic policy adviser (and former Dartmouth Review editor) Dinesh D'Souza and Telling the Truth (1995) by ex-National Endowment for the Humanities chairwoman and future Vice Presidential spouse Lynne Cheney, and in innumerable interviews, stump speeches and talk-radio tirades, representatives of the American conservative movement have denounced the exponents of these theories for attempting to lure students away from traditional cherished academic ideals like objectivity and truth toward a cynical, despairing view of history, politics, literature and law.
So we can assume that participants in this decade-long conservative jeremiad did not foresee that at the end of that decade their colleagues in the Republican Party would wage a campaign to win a close presidential election in ways that would seem to confirm, in virtually every respect, the validity of the theories they had been railing against--and moreover, that as part of that campaign, their allies would espouse and promote to the public the very essence of these same reviled theories. However, if we look closely at the theories in question and at the facts of Republican behavior in Florida, we will see that this is exactly what happened.
The theories in question are those derived from the works of French philosophers Michel Foucault and Jacques Derrida. Their conservative critics tend to conflate the ideas of the two men, and then to muddle things further by presenting both as synonymous with postmodernism; in fact, though they worked in distinct fields and did not even like each other (Foucault once called Derrida "the kind of philosopher who gives bullshit a bad name"), their theories do have analogous aspects that make it not difficult to confuse them.
Foucault was a philosopher of history who posited, basically, the impossibility of achieving an objective and neutral interpretation of a historical event or phenomenon. Derrida is a philosopher of literature, founder of the notorious school of deconstruction, who suggested the impossibility of achieving a stable and coherent interpretation of a literary text, or any text. In both cases, the (putative) fact of the indeterminacy of the interpretive act leads to the conclusion (or has the assumption) that whatever interpretation comes to be accepted--the official interpretation--must have been imposed by the exercise of political power (though in deconstructionism this latter point has been elaborated and emphasized much more by Derrida's American disciple Stanley Fish than by Derrida himself). It is this shared assumption that any official interpretation, whether of human behavior or the written word, has been arrived at through a process of power competition and not through the application of objective, neutral and independent analysis (because there is no such thing) that has so agitated conservative intellectuals.
In her book Telling the Truth, the wife of the man who was to become Vice President of the United States following Republican Party political and legal maneuvers in Florida uses a book that Foucault edited called I, Pierre Rivière as the starting point for a critical examination of the philosopher's ideas. Pierre Rivière was a Norman peasant boy who in 1835 brutally murdered his mother, a sister and one of his brothers with a pruning hook. Foucault and a group of his students at the Collège de France compiled a collection of documents relating to the case. What the documents revealed to Foucault was not an overarching thesis that illuminated the cause and meaning of Rivière's shocking act--not, in other words, the unifying concept or constellation of concepts that academic analysts typically grope for in their research and thinking--but, on the contrary, a welter of conflicting and irreconcilable interpretations put forth by competing, equally self-interested parties, including doctors, lawyers, judges, Rivière's remaining family members and fellow villagers, and Rivière (who wrote a memoir) himself.
In other words, as Cheney puts it, the documents were important to Foucault "not for what they tell of the murders, but for what they show about the struggle to control the interpretation of the event." Or, as she quotes Foucault as saying, the documents form "a strange contest, a confrontation, a power relation, a battle among discourses and through discourses." The reason he decided to publish the documents, Foucault said, was "to rediscover the interaction of those discourses as weapons of attack and defense in the relations of power and knowledge."
"Thus," Cheney concludes, "I, Pierre Rivière is a case study showing how different groups construct different realities, different 'regimes of truth,' in order to legitimize and protect their interests."
The Foucauldian mode of analysis does not meet with any approbation or sympathy from the Vice President's wife. In fact, she goes on to say that Foucault's ideas "were nothing less than an assault on Western Civilization. In rejecting an independent reality, an externally verifiable truth, and even reason itself, he was rejecting the foundational principles of the West." Therefore it seems a pretty good joke on her that it turns out to be the perfect mode for analyzing how Republican Party strategy in Florida was developed and implemented.
In fact, I might suggest that if Michel Foucault had not confected them already, his concepts of "discourses" and "a battle among discourses" ultimately to be decided by power would have to be invented before this signal event of American political history could be properly understood.
When former Secretary of State James Baker arrived in Florida on November 10, 2000, three days after the election, dispatched there by Lynne Cheney's husband to take charge of the Bush campaign's effort to secure the state's Electoral College slate and thereby the Oval Office, George W. Bush's initial lead of 1,784 had already been reduced by an automatic machine recount to 327, and the Gore campaign had requested manual recounts in four Democratic-leaning counties: Miami-Dade, Broward, Palm Beach and Volusia. It appeared self-evident, from the tales both of the Palm Beach butterfly ballot and of the difficulties encountered by minority voters in getting to the polls and attempting to cast their ballots, that by the intention of Florida voters who had gone to the polls, if not by the actual counted results, Gore had won the state (which, of course, is why the media had awarded it to him early on election night in the first place), and it seemed a lot more likely than not that manual recounts in counties favoring Gore, or even a full statewide manual recount, would alter the actual results in Gore's favor, despite the fact that the absentee ballots, which usually favor Republican candidates, were yet to be counted. On top of all that, Gore was leading in the national popular vote, and it came as news to many Americans that a presidential candidate could win the popular vote and lose the election. (Prior to Election Day, Bush campaign strategists, believing it likely that George Bush would win the popular vote but lose in the Electoral College, had developed a strategy to try to discredit the Electoral College, and thus perhaps gain support from Democratic electors.)
Clearly, what Secretary Baker had to do in order to insure Bush's election to the presidency was to stop the requested manual recounts, or any manual recounts, from taking place. Since Florida election law explicitly permits manual recounts, and there is a long history of them being conducted in the state for elections to offices at various levels (though not previously the presidency), including one race of Republican Senator Connie Mack, and given the situation just described above, what Baker encountered first of all in Florida was a severe public relations problem. In advance of Republican lawyers making a legal case in various courts against the manual recount process, Baker had to make a case to the American public as to why a perfectly legitimate process that had been employed many times before in Florida and elsewhere across the United States to decide close electoral contests, should not be used to resolve the closest Electoral College contest in 114 years. He needed to participate in what in Foucault's word is a discourse, by presenting an alternative to and challenging the Gore campaign and Democratic Party stance that the Florida vote was so close and so rife with proven and potential irregularities that only careful manual recounting could decide it fairly, as well as what we might call the underlying and perhaps more threatening Democratic contention that Gore had actually won the election and required only the additional step of targeted manual recounting to prove it.
The discourse (in the looser sense of a narrative) widely presented by Secretary Baker at his first press conference, on November 10, had several parts. He immediately tried to convey the sense that George W. Bush had already effectively won the election. "The American people voted on November 7. Governor George W. Bush won thirty-one states with a total of 271 electoral votes. The vote here in Florida was very close, but when it was counted, Governor Bush was the winner. Now, three days later, the vote in Florida has been recounted. Governor Bush is still the winner," he began. Wielding that assumption as his predicate, he attacked the Gore campaign for attempting to "unduly prolong the country's national presidential election," introducing the phrases "endless challenges" and "unending legal wrangling" when the election dispute was all of three days old. Then he attacked the process of recounting itself, particularly manual recounting, saying that "the more often ballots are recounted, especially by hand, the more likely it is that human errors, like lost ballots and other risks, will be introduced. This frustrates the very reason why we have moved from hand counting to machine counting." He stressed the importance of getting "some finality" to the election and accused the Gore campaign of "efforts to keep recounting, over and over, until it happens to like the result." Finally, he argued that a continued struggle over the presidential election would jeopardize America's standing in the world. By November 14, he was tying it as well to the stability of American financial markets.
Former Secretary of State Warren Christopher, Baker's equivalent in the Gore camp and someone no doubt unfamiliar with the writings of Foucault (and therefore not having the term discourse at his disposal), referred to Baker's argument about America's standing in the world as a "self-serving myth," and Baker did not raise this canard again. Neither did he again raise the matter of endangering US financial markets.
The next day, November 11, at a press conference announcing that the Bush campaign had filed suit in the US District Court for the Southern District of Florida to block the manual recounts requested by the Gore campaign, thus becoming the first of the two campaigns to initiate "legal wrangling" (a number of private lawsuits related to the election had already been filed but none yet by the Gore campaign itself, something Baker took pains to submerge), Baker dramatically escalated his attack on manual recounting. For a number of reasons, it is worth quoting the central paragraph of his formal statement in full:
The manual vote count sought by the Gore campaign would not be more accurate than an automated count. Indeed, it would be less fair and less accurate. Human error, individual subjectivity and decisions to "determine the voter's intent" would replace precision machinery in tabulating millions of small marks and fragile hole punches. There would be countless opportunities for the ballots to be subject to a whole host of risks. The potential for mischief would exist to a far greater degree than in the automated count and recount that these very ballots have already been subjected to. It is precisely...for these reasons that our democracy over the years has moved increasingly from hand counting of votes to machine counting. Machines are neither Republicans nor Democrats--and therefore can be neither consciously nor unconsciously biased. [Emphasis added.]
Clearly, Baker and the Bush camp had decided to place a demonization of hand counting at the core of their electoral discourse. That this was a purely calculated discourse, and one in no way sincerely embraced, is child's play to demonstrate.
Manual recounting is the method used by the United Nations for settling disputed elections around the globe, and it is also countenanced by the United States when our representatives get involved in observing the resolution of electoral conflicts in other nations. A majority of American states either mandate or permit manual recounting when the differential between the machine vote totals for opposing candidates is within a certain margin. Candidate Bush, while governor, had signed just such a bill in Texas that established the same "intent of the voter" standard set by Florida. Until this particular situation in Florida arose, requiring this particular discourse, no Republican politician I am aware of had ever risen to denounce manual recounting (on the contrary, any number of Republican politicians had taken successful advantage of manual recount provisions), nor have I found any literature on the subject that appeared in the conservative journals. Moreover, the Bush camp gladly accepted the results of manual recounts in Florida when those went in their favor, as the results did in Seminole County, and they had considered plans to contest machine results in Iowa, Wisconsin, New Mexico and Oregon if things did not go their way in Florida. Manufacturers of the punch-card voting machinery used in Florida were also on record as saying that hand counting was a more accurate method of gauging votes than using their machines.
Conservative writers like Cheney, D'Souza and Kimball, who have attacked Foucault, Derrida and their allies, have done so in the first place because of these thinkers' extreme skepticism about the possibility of objectivity in human affairs. Cheney complains in Telling the Truth about "how discredited ideas like truth and objectivity have become," and accuses her ideological adversaries of aiming at "discrediting the objectivity and rationality at the heart of the scientific enterprise." (Ironically, she goes on soon after that to take Al Gore to task for criticizing, in Earth in the Balance, the cold-blooded scientism of British philosopher Francis Bacon.) D'Souza, referring to the predominantly deconstructionist English department that had been assembled by Stanley Fish at Duke University, wrote that "the radical skepticism cultivated at Duke and elsewhere is based on the rejection of the possibility of human beings rising above their circumstances" (he recounts that Fish, in an interview D'Souza conducted with him, denounced Cheney for "the error of objectivism").
The Republican campaign to demonize the hand counting of votes in Florida was nothing less than an all-out assault on this cherished ideal of the conservative movement, however, an assault as withering and uncompromising as any ever waged by Foucault or the deconstructionist movement. For what was Baker saying, in essence? That it is impossible for human beings to hand count votes accurately and honestly, citing as reasons the inevitability of "human error" (machine error is obviously to be preferred), the danger posed by "individual subjectivity," the "potential for mischief" (read, deliberate cheating by Democratic canvassing boards) and even the possibility of people being not only consciously but "unconsciously biased"; at the same time he exalted the superiority of "precise" machines over humans--even machines as grievously and laughably flawed as those that produced the "dimpled," "pregnant" and "hanging" chads.
Machines--even the worst, most malfunctioning of them--are capable of being objective, but people are not, in other words. People are incapable of "rising above their circumstances." Did Foucault ever put the case better himself? Has Stanley Fish? Has anyone?
It is safe to say that James Baker probably did not realize that he was challenging, and perhaps fatally undermining, core conservative doctrine when he advanced these arguments in his no-holds-barred effort to secure Florida's electoral votes for George W. Bush. And, for the conservative intellectual cause, there was worse to come. Soon Baker and his allies would take a further broad step down this road. They would begin impugning the fundamental American ideal of objective, neutral and fair-minded jurisprudence.
The Republican Florida discourse can be summarized even more simply and more baldly than it has been above. It was, or became: Manual recounting is untrustworthy and subject to manipulation; therefore, in attempting to force hand counting, the Democrats are trying to steal the election. (The Democratic Florida discourse was the obverse of this: Careful manual recounting is more reliable than machine counting; therefore, in attempting to stop manual recounting, the Republicans are trying to steal the election.) Such was Jim Baker and the Bush camp's basic pitch to the American public, and it became more and more explicit and fervid (or perfervid) as time went on.
Let us recall that in Foucauldian theory it is power, the possession and wielding thereof, that determines what discourse prevails in any given contest, or confrontation, or battle of discourses--and not the relative merit or cleverness of the argument. Conservative thinkers detest this part of the theory with equal or greater vehemence, because it is customarily deployed against institutions and systems they revere and are closely allied with--for instance, corporations and corporate capitalism. Cheney, struggling to explicate Foucault, complains about "the idea that reality is nothing more than a social construct, a tool that allows dominant groups to exercise power."
So, following Foucault, it would not be enough for James Baker simply to promulgate the argument that the Gore camp was trying to steal an election that neutral, precise voting machines had already indicated they had lost. To prevail, under Foucauldian theory, the GOP discourse--competing as it was with one that on the evidence and on experience was more plausible--would have to be imposed by an exertion of institutional power. And in fact an examination of the tactics used in the Republican War for Florida reveals that Republicans used, or were prepared to use, every conceivable lever of power--administrative, legislative, judicial (and not excluding extra-institutional mob rule)--in order to prevail; and that they prevailed because every single one of the controlling levers of power, from the Florida Governor's and Secretary of State's offices to the US Congress, from the Florida legislature to the US Supreme Court, was controlled by them, and was used ruthlessly.
Florida Secretary of State Katherine Harris, co-chair of the Bush campaign in Florida, was the point person in the Republican effort to delay and forestall completely, they hoped, any manual recounting. There are, remember, conflicting statutes regarding the deadline for manual recounting, one of which stipulates that any manual recounts not finished and submitted to the Secretary of State's office by the statutory deadline for certification, November 14, "shall be ignored," and another (chronologically more recent) indicating that they "may be ignored." And there is also an obvious conflict between this statutory deadline and the provision allowing requests for manual recounts to be made up to seventy-two hours after Election Day, since the amount of time then remaining before the deadline (three to four days, including a weekend) would not be sufficient for many Florida counties to complete such recounts. In interpreting an ambiguous and contradictory corpus of election law, Harris chose in each instance to follow a course redounding to the benefit of George W. Bush and the disadvantage of Al Gore. She refused to extend the deadline to allow time for the manual recounts requested by the Gore campaign, refused requests by Broward and Palm Beach counties to have their manual recount results included in the statewide certification after the deadline, issued a ruling questioning the legality of such recounts that temporarily delayed them from proceeding, and refused to grant an extra two hours to Palm Beach County to meet the extended deadline of November 26 mandated by the Florida Supreme Court, or to include any of the recount results the Palm Beach canvassing board had achieved so far.
After the Florida Supreme Court ruled on November 21 that hand counts must be included in the Secretary of State's certification, and extended the deadline, the Republican War for Florida shifted "to the ground," that is, to the places where actual hand counting was being done, or contemplated, by the canvassing boards. Republican tactics were summarized thus by the Los Angeles Times:
The Republicans were on the defensive, so their style was more confrontational: Challenge every disputed ballot and, if necessary, challenge the boards themselves. Build a record of inconsistent standards for court. If that leads to delays, so much the better. [Emphasis added.]
The New Republic described a Republican "ground operation" that involved, besides "now-infamous faux grassroots protests," visits to recount centers by "GOP luminaries," and that emphasized the blatant hypocrisy of the operation: It recounted Michigan Governor John Engler falling asleep during his service as an observer, and then going outside to "blast" the process, and New Jersey Governor Christine Todd Whitman getting along "swimmingly" with the canvassing board, even complimenting them on how well they were running things, then leveling "the obligatory attacks into the microphones."
The New Republic noted a crucial difference between the Gore and Bush camps: The Gore campaign chose anonymous lawyers specializing in arcane voting law to act as their observers, whereas the Bush campaign let loose a "rotating cast of big name pols." This was because the Bush campaign was less interested in trying to insure the fairness of the recounting process than in undermining it by propagandizing their discourse about its alleged inherent unfairness.
It could be said that the Gore effort in Florida foundered in a number of ways and places, two of which were certainly Palm Beach County and Miami-Dade County. In Palm Beach County, in the words of the Los Angeles Times, "Republicans crushed the Democrats." There was more than one reason that the Palm Beach canvassing board missed the new November 26 certification deadline (when Katherine Harris certified Bush as having won by 537 votes), but here is how the Los Angeles Times summarized what happened: "Endless delays, false starts and court challenges by Republicans meant the full recount didn't begin until Friday, November 17."
In Miami-Dade, the county with the largest voting population in the state of Florida (and the largest black vote), Republicans succeeded in preventing manual recounting from taking place at all. (The Miami Herald recently reported that by its own assessment of the undercounted votes in the county, Gore would have netted another forty-nine.) Members of the Miami-Dade canvassing board, and particularly its chairman, David Leahy, had been ambivalent about doing a recount from the start. The board first decided against doing one, then reversed course. The recount started on November 20; but the very next day, the Florida Supreme Court issued a ruling setting the new certification deadline at November 26. Believing that the board did not now have the time to conduct a full recount, Leahy persuaded the other board members that they should count only the 10,750 "undervotes" (ballots cast on which the punch-card tally machines had not detected any vote for President). The board then moved upstairs to a smaller room, where there were machines that could separate out the undervotes from the rest.
There, members of the board confronted what Time called a "mob scene" and "GOP melee." A group of several dozen or more Republican protesters, most of them apparently from out of state, many of them paid Capitol Hill staffers recruited by House majority whip Tom DeLay for the Florida effort (this being one of the Republicans' faux grassroots protests), directed from a Republican electronic command center in a Winnebago outside the building and by leaders on the scene with bullhorns, engaged in "screaming...pounding on doors and...alleged physical assault on Democrats," according to Time. When Miami-Dade Democratic chairman Joe Geller emerged from the room carrying a sample ballot, he was pushed and shoved by many protesters screaming, "I'm gonna take you down!" Simultaneously, longtime GOP operative Roger Stone was overseeing phone banks urging Republicans to storm downtown Miami, and Radio Mambi, a right-wing Cuban-American radio station, was inciting the Miami community into the streets. Outside the room where the canvassing board was meeting, members of the rampaging crowd were threatening that as many as 1,000 reinforcements, including a large contingent of angry Cubans, were on the way to join them. As Time put it, "just two hours after a near riot outside the counting room, the Miami-Dade canvassing board voted to shut down the count."
Leahy later denied that the board had been intimidated into inaction by the rioters, but his claim that their bullying and threats of violence had no effect at all on the board's reversal of its previous decision hardly seems credible. In any case, saturation propaganda and near-mob rule were only two of the weapons that Republican strategists had rolled out onto the field of battle in their War for Florida. (I won't even get into the report of a mysterious state police roadblock that intimidated some on their way to the polls on Election Day.) They also had under way a lawsuit seeking to have a federal court invalidate the manual recounts on the grounds that they violated Article II, Section I of the US Constitution, which gives to the state legislatures the power to regulate presidential elections; this lawsuit and others, including arguments which would end up being decided by a 5-4 majority of the US Supreme Court, were being handled by Theodore Olson, a party lawyer who had been active in efforts to discredit President Clinton while he was in office; Olson is a past president of the Federalist Society, a conservative Republican legal organization that normally seeks to severely limit the intrusion of federal power into state matters. And just in case the Republican cause lost in both the Florida and the federal courts, the Republican-controlled legislature in Florida was prepared to intervene and certify its own competing slate of electors. In fact, on December 12, just before the US Supreme Court issued its decision and made the action moot, the Florida House of Representatives did just that. A few days before, Baker, in an interview, had refused to stipulate that the Bush camp would heed a US Supreme Court ruling that went against them rather than turn to the legislature; and on other occasions Baker had appeared to invite its intervention. Beyond that, if the matter went to Congress for final arbitration, the Republicans were more than prepared to flex their majority muscle there. Tom DeLay had circulated a memo on Capitol Hill that a Republican Congressional aide characterized as saying: "Congress can prevent Al Gore from becoming President no matter what."
A final Foucauldian note. Foucauldian theory holds that the way of the rich and powerful will prevail, the less powerful or powerless will lose out (which is partly why the theory has been embraced by the left as a successor or adjunct to Marxism, and is so abhorred by the right). Punch-card voting machines are far less effective in recording votes correctly than optical scan machines. A dimpled or pregnant chad is created when insufficient force is used on the punch tool or when plastic T-strips used in balloting are too worn or rigid to allow chads to pass through; if the ballot is improperly aligned, and only one side of the chad is punched loose, that results in a hanging chad. These problems don't exist with optically scanned ballots, and as an obvious result, only about three out of every 1,000 optically scanned ballots in the Florida election recorded no presidential vote, compared to some fifteen out of 1,000 punch-card ballots, The New York Times reported.
Optical-scan voting machines tend to be more prevalent in the wealthier, and Republican-leaning, precincts and counties of Florida, the Los Angeles Times observed, and punch-card machines more prevalent in the less wealthy and more Democratic areas, simply because the wealthier counties can better afford the more expensive optical machines (the punch-card machines are not only less effective to begin with, but many of them are also old and worn out). Looked at one way, the manual recounting efforts were an attempt to correct a discriminatory imbalance in access to electoral power between rich and poor (and black and white) in Florida; and Republican forces were determined, in every possible way, to thwart this attempt.
American conservative thinkers, as discussed, have also directed considerable intellectual ire at the deconstructionist movement. In dissecting Paul de Man, the Belgian émigré who founded American deconstructionism at Yale in the 1970s, Roger Kimball pejoratively ascribes to him "the thought that language is always so compromised by metaphor and ulterior motives that a text never means what it appears to mean." D'Souza, confronting Derrida and de Man, says that they labored "to discover ingenious, and sometimes bizarre, contradictions which render the work 'radically incoherent.'" Lumping deconstructionists together with "postmodernists, structuralists, poststructuralists, reader-response theorists," D'Souza says that "they are embarked on a shared enterprise: exposing what they say is the facade of objectivity and critical detachment in such fields as law, history, and literature."
Lynne Cheney finds the apparent migration of deconstructionist methods of textual analysis and thinking to the field of law extraordinarily disturbing. In Telling the Truth, she traces the origins (to her own satisfaction, anyway) of critical legal studies, feminist legal theory and critical race theory--academic movements that hold that the law is not in any way neutral but is crafted to favor the interests of a dominant (white, male) elite--to deconstructionism. She claims, for instance, that "one of the primary purposes of CLS [critical legal studies] is to destroy any illusions that might exist about stability and objectivity in the law by deconstructing its arguments," and goes on to assert: "The heirs of CLS, such as those in the critical race theory movement, take a giant step further. As feminists have done, critical race theorists not only attack the notion that the law is disinterested, they advocate using the law to promote their own interests." [Emphasis added.] In other words, Cheney sees the notion that legal texts have no stable, permanent, inherent meaning (a deconstructionist notion) and will therefore be interpreted according to the practical interests of those doing the interpreting, and not other criteria (a leftist political notion), as dangerously subversive of our legal system.
If the objectivity and disinterestedness of the law, however, are bedrock conservative doctrine, then James Baker, and his associates and conservative columnist sympathizers like William Safire, once again challenged and compromised that doctrine in the Florida presidential election imbroglio. The idea that law is (on the whole) neutral, objective and disinterested necessarily implies that the judges who interpret it are (on the whole) neutral, objective and disinterested; there is no conceivable syllogism whose conclusion is that our legal system is (more or less) objective and fair that can have as a premise that our judges are not and are not capable of being so. Yet this was the blatant premise of Republican commentary as an assortment of legal cases relating to the election wound their way through the Florida court system. Just as Republican operatives and commentators trashed the integrity of the county canvassing boards simply because they were under Democratic control, they also used the fact of their being Democratic appointees to attempt to discredit--often in advance--the decisions of various Florida judges, from the circuit level up to the state's Supreme Court. The clear implication was that Democratic judges would necessarily, either reflexively or by calculation, rule in favor of the Democratic candidate. They could not be trusted to be disinterested and objective.
In addition to being a monumental betrayal of the conservative movement's stated intellectual principles, this line of argument creates another problem for its Republican promoters: It tends to discredit in advance the decisions of Republican as well as Democratic judges. For if Democratic judges cannot be trusted to be evenhanded and judicious, what logic can be called forth to argue that Republican judges can be? They are also human. They are also partisan. They also owe something to the people who selected them. The theory unavoidably predicts that judges appointed by Republicans will rule, in a biased and partisan manner, against Democratic candidates and causes when occasions to do so arise.
It is doubly ironic, therefore--and doubly troublesome, one would think, for the integrity of the conservative cause--that this is exactly what happened when the case called Bush v. Gore reached the highest court in the land. On Friday, December 8, the Florida Supreme Court, in a split 4-3 decision overruling a decision by lower court judge N. Sanders Sauls, ordered an immediate manual recount of all presidential undervotes throughout the state. The next day, a 5-4 majority of the US Supreme Court (all the members of this majority conservative appointees of either Richard Nixon, Ronald Reagan or George Bush) ordered the manual recount halted. This action was widely perceived at the time, by people on both sides of the battle, as a body blow to Al Gore's remaining chances of garnering Florida's electoral votes. It would inevitably push the recounting process, were it to resume, up against the December 12 "safe harbor" date (the time by which electors needed to be chosen in order to remain immune to Congressional challenge) and possibly even make it impossible to finish by December 18, the date on which the Electoral College was to cast its vote. Regarding this majority decision, issued by five judges who have pontificated widely in their writings and speeches about the virtues of "judicial restraint," Justice John Paul Stevens wrote in his dissent: "To stop the counting of legal votes, the majority today departs from...venerable rules of judicial restraint that have guided the Court throughout its history."
The Court did not, as we know, allow the recounting process to resume. The following Tuesday, December 12, the same 5-4 majority ruled that manual recounting under circumstances then prevailing in Florida would be unconstitutional. In an unsigned per curiam opinion (the judges said to be the primary authors of this opinion, Anthony Kennedy and Sandra Day O'Connor, clearly did not want their names on it), the majority (whose members in the past have been indifferent to, if not outright scornful of, equal protection claims)--relied principally on an equal protection argument, that it would be unfair to count ballots in different counties according to different standards (e.g., to count only hanging chads in one, but also dimpled chads in another). The argument speciously ignored the fact that the Florida ballots, prior to any recount, were already counted differently, and that the very purpose of recounting was to correct for this discrepancy. It also skirted the fact that ballots are counted differently all across the United States, and that a logically consistent application of the Court's principle would invalidate the entire presidential election.
Justices David Souter and Stephen Breyer had tried, in oral argument and behind the scenes, to work out a compromise position whereby the Justices would send the case back to the Florida Supreme Court and ask it to set a uniform standard for the manual recounts. But according to the per curiam majority, it was too late for this, because there would then not be enough time to meet the "safe harbor" deadline of December 12. This argument ignored the fact that it is the very essence of a "safe harbor" clause that it allows but does not require a certain self-protective action; the Electoral Count Act of 1887 stipulates that states that send electors by then chosen according to rules in place Election Day cannot have those electors rejected by Congress, but it does not mandate that the states behave that way. The argument also glided past the fact that there is nothing in Florida election law explicitly requiring that the state abide by that date, either; the majority opinion in this regard relied entirely on a virtual aside in the first Florida Supreme Court decision, to the effect that it thought the legislature intended the state to meet the deadline; the majority could not cite any actual, germane Florida statutory law--because there isn't any.
Thus did a Republican Party strategy to delay the manual recounting of votes in Florida as long as possible finally achieve its goal by furnishing the rationale for a conservative Republican Supreme Court majority to stop the recount process there for good. Thus did a Supreme Court majority that had been pursuing an aggressive states' rights jurisprudence prior to this decision intervene in a matter of state law in a heavy-handed and unprecedented way; in a category of dispute, furthermore, whose ultimate resolution the US Constitution unambiguously gives to Congress; and in a situation, finally, that even a modicum of "judicial restraint" would have called for it to avoid. Thus did a group of conservative Republican judges--unelected judges, to use a well-worn Republican refrain--choose the Republican candidate for President over the Democratic one, rather than the voters of Florida or the American people. Thus was James Baker's discourse--his "regime of truth"--finally imposed.
A further irony here is that the behavior of the Democratic judges who were involved in the Florida presidential election struggle overwhelmingly refuted Republican predictions of reflexive ideological bias. County Circuit Court Judge Terry Lewis, a Democrat, twice ruled in favor of Republican Secretary of State Katherine Harris, the first time upholding her enforcement of the certification deadline of November 14, the second time upholding her decision to declare a winner without including any hand recounts. Circuit Judge Nikki Clark, who handled the lawsuit involving the question of whether to throw out some 15,000 absentee ballots in Seminole County because of technical violations of the law by Republican canvassing board officials and operatives, had been particularly impugned by Republican commentators. She was black, she was a former legal aid attorney, she was not only a registered Democrat but had been an aide to the state's former Democratic Governor Lawton Chiles, and she had recently been passed over for a promotion by Governor Jeb Bush. But in the event she ruled decisively against throwing the ballots out, as did her fellow Democratic judge who handled a similar case concerning absentee ballots in Martin County. The November 16 decision of the Florida Supreme Court, all Democrats except one independent, to allow manual recounts in Palm Beach County (and tacitly allow the effort already under way in Broward County to continue), was unanimous; but the December 8 decision ordering manual recounts of all the undervotes in the state was a 4-3 split, and the court unanimously upheld virtually all the lower court decisions that went against Democratic interests, with the single exception of the finding by Circuit Court Judge Sauls rejecting the Gore campaign's contest. (Sauls, advertised as a Democrat, is actually a Republican appointee who switched registration from Democratic to Republican, and has run as a "nonpartisan" candidate for re-election in Democratic Leon County.)
"What must underlie petitioners' entire federal assault on the Florida election procedures is an unstated lack of confidence in the impartiality and capacity of the state judges who would make the critical decisions if the vote count were to proceed," Justice Stevens wrote in his dissent in Bush v. Gore. "Otherwise, their position is wholly without merit. The endorsement of that position by the majority of this Court can only lend credence to the most cynical appraisal of the work of judges throughout the land." [Emphasis added.] According to a January 22 article in USA Today detailing the lingering bitterness between the two opposing factions within the Supreme Court over the Bush v. Gore decision, at an election night party on November 7, Justice Sandra Day O'Connor became "visibly upset" when network anchors first awarded the state of Florida to Al Gore. The story went that her husband was heard explaining the couple wanted to retire and that his wife preferred that a GOP President appoint her successor. The paper said that people close to the Justices had confirmed the essence of the story (which was also reported in the Wall Street Journal and Newsweek). Justice O'Connor, it would seem, experienced difficulty rising above her circumstances.
I am not an adherent or admirer of the theories of Michel Foucault, Jacques Derrida, Paul de Man, Stanley Fish or their associated movements. On the contrary. I received my education before these theories came into vogue, at a time when it was still commonly if not universally assumed on campus that the purpose of academic study was to acquire useful and verifiable knowledge in a variety of fields, not excluding literature and politics (my two fields of study). I personally believe that literary texts, while they can (and will, if they are any good) have subtleties and profundities and even contradictions that will stubbornly resist one-dimensional analysis, do have meaning--and that the better the writer, the clearer that meaning is. I believe that while the world and human nature are infinitely complex, there is, within limits, such a thing as objective truth. Since first hearing of the ideas of deconstruction and Foucault, I have counted myself among their skeptics and detractors.
So I did not undertake to write this essay to demonstrate, as it might seem, that the Republican War for Florida in all its aspects--in its ideology, in its concrete actions and, perhaps above all, in its success--lends credibility to these theories, though it has been most interesting to discover the extent to which it does. No, I am far less interested in the remarkable symmetry between what happened in Florida and the theories of Foucault and Derrida about how history and the social construction of reality work, than I am in the stunning asymmetry between Republican Party statements and actions there and the professed ideological principles of American conservatism.
In Florida, to win the presidency, the Republican Party betrayed what its intellectual spokespeople allege are among conservatism's highest ideals. To discredit the manual recounting process that they feared would result in the election of Al Gore, Republican representatives like Jim Baker propagated, in effect, the doctrine that human beings are incapable of being fair and objective in their interpretations of reality. To discredit judicial decisions that went (or simply might go) against their interests, they propagated, in effect, the doctrine that law does not have even a dimension of neutrality or disinterestedness but is from beginning to end an exercise of raw political power in disguise. Both of these are doctrines that their intellectual spokespeople like Lynne Cheney claim to oppose and despise--doctrines that according to her, are nothing less than "an assault on Western Civilization." And, to compound the moral dilemma they were creating for themselves and their movement, these representatives proceeded to conduct themselves in ways that lent support to the validity of these same cynical, anticonservative doctrines. A party that for a long time has professed adherence to principles of states' rights and judicial restraint played federal judicial intervention as its trump card to insure the election of its candidate. Will it ever be possible, in our generation anyway, to take its intellectual pronouncements seriously again?
As a proximate result of its relentless War for Florida, America's conservative party has taken control of the presidency and all the powers attendant on that office. We shall see what comes of that. But as another, perhaps longer-lasting result of that implacable war, the intellectual and moral pretensions of contemporary American conservatism lie in tatters, like so many discarded chads on the floor of a county canvassing board meeting room.
Wrong issue, wrong enemy, wrong country.
About a year and a half ago I received a book from Bosnia. Its title was I Begged Them to Kill Me. It was a collection of some forty accounts by Muslim women who were raped, mostly by Serbian soldiers and paramilitaries in 1992. During the past ten years several collections of the same kind have been published, but this one was different because the raped women themselves, organized into the Association of Camp Inmates-Canton Sarajevo, collected and published it. They had decided to spread the information about what had happened to them without the help of journalists or experts, or even a professional editor.
This book, bearing all the signs of amateurism, is nonetheless an important and moving document of suffering we thought we had heard and known all about. The anonymous women speak of the unspeakable--of rape, torture, enslavement, forced pregnancy, the selling of women as slaves. This is a very special book to me. The women from the association sent it to me with a dedication because of my book S: A Novel About the Balkans, which also deals with mass rape. I admire their decision to publish their accounts in the belief that their truth deserved to be heard.
Women who were raped before them, in Germany, China and Korea during the two world wars, rarely spoke about it in public. It was not to be mentioned but to be forgotten. Indeed, it was forgotten. However, the raped women in Bosnia believed in the possibility of justice through the International Criminal Tribunal for Yugoslavia in The Hague, established by the UN Security Council in 1993. And they understood that justice could not be done without their help. In the book, all of the violated women say they would volunteer as witnesses in that court, and many did. Not in a local court but the international one--because they know very well that the culprits will not be brought to court in their own country. Who would arrest them? Who would put them on trial? What kind of sentences would they get? They had only "had fun."
Agreeing to testify as witnesses in The Hague was a brave, even heroic step for the raped Bosnian women. To the world they had to say, "Yes, I was raped!" They had to live with that confession afterward--with their children and husbands, their brothers and fathers, their community. And this is not liberal Berlin or Stockholm, marked by decades of women's emancipation.
Without these brave women, what would have happened? What would have happened in the trial of Dragoljub Kunarac, Radomir Kovac and Zoran Vukovic, three men from Foca who, on February 22, received sentences in The Hague of from twelve to twenty-eight years in prison? Most likely they would be living free in Foca, every day passing by the Partizan Sports Hall where they kept their Muslim prisoners, then by the houses where they kept enslaved women. They would sit in a cafe smoking cigarettes and drinking brandy, telling anecdotes from the war. If any of their victims happened to pass by, they would point at her with their finger and laugh. Indeed, if these women had kept their "shame" to themselves, the three men would not have entered history. Now they are the first men ever to be sentenced exclusively for sexual crimes defined as crimes against humanity--systematic mass rape, sexual enslavement and torture of women and girls during war. This was only possible thanks to the Bosnian women who did not shut up. Perhaps this time it was impossible not to speak--there were too many women violated (a UN report put the number at 20,000, but that is only an estimate). There were also too many journalists around, too many experts and humanitarian workers, people willing to listen and to help.
No matter what made them speak, the women from the book and the other violated Bosnian women are the real heroes of this historical trial, the women who were not supposed to speak. That was exactly what the three men from Foca were counting on--their silence. I wish I had been in the courtroom when the three men received their sentences. What was in their eyes? Disbelief? Despair? Never could they have imagined that any of those women would have the courage to stand up and face them in court. The men must have thought it was a joke when they heard that they were going to be on trial for rape. OK, perhaps they were rude sometimes if the imprisoned women were not obedient. So what? Never could they have imagined that they would get such heavy sentences. After all, they did not even kill anybody. And among those who did kill, there were some who got much lighter sentences. How is that possible? they must have wondered. I wish I had seen that discrepancy on their faces, a discrepancy between what they believed they did (and what perhaps they might have thought was wrong but certainly not a crime)--and what was deemed a crime against humanity by the international court.
When I asked the women from the Association of Camp Inmates-Canton Sarajevo how I could help them, they asked if I could give them a fax machine. They have nothing, not even their own office. A fax machine would mean a lot to them. Not only to spread information but to enable them to fight to be recognized as war victims in their own society, and to get at least some social aid. There is symbolism in their request: They are still not willing to shut up. Recently I received a thank-you letter from them, via fax. They are grateful for the machine, they wrote. But I and millions of other women are grateful to them because they spoke up and changed something for us, too.
I am no doubt not the only one who writes in order to have no face. Do not ask who I am and do not ask me to remain the same.
Ever since I was assigned to read A Room of One's Own in college eight years ago, I have kept it close for support. Besides the fact that, like Virginia Woolf, I had also read Leo Tolstoy's journals and was similarly enraged by the clarity he exhibited at such a young age, I felt she was on to something. "A room of one's own," however, wasn't quite it.
I grew up in the 1980s inside a charming, if small, Spanish-style California home with a mom, a sister, a piano, many dogs and two brothers who were relentless in their efforts to jimmy my locks with butter knives. Although I liked to think I had my own room, the space's original and (now that I'm an adult I can say it) idiotic plans called for its doubling as a shortcut to one of the house's more popular bathrooms. I went to great and occasionally violent lengths to discourage use of this particular feature. The results? Ha, as DrRogue would say.
Time and time again, my brothers broke triumphantly in, capturing me on my bed writing in my journal. I smile now, but back then, those intrusions enraged me. You see, unlike those jerks I was becoming a woman, and it was making me miserable. I liked being a girl. And it wasn't necessarily that I was surprised to discover that girls became women--in a rational way, I knew it happened all the time. It was just that I found the obvious sexuality of it offensive. It was clear to me that once breasts made their appearance against a shirt, a person could not be taken seriously.
I looked around at school and saw happy, pretty girls who went to the beach. They seemed content being female, and I liked boys too, so I did what they did. Then I went home depressed, slammed my doors, locked them and wrote to my journal about how much I loathed myself, until my brothers broke in after school. Here is a genuine entry from November 4, 1988: "I've gained five lbs. in a week if that's possible. I loathe myself. I'm sick of being regarded as 'muscular'--I want to be petite like Kate. Sports have ruined me."
Yes, you could say I was self-involved, melodramatic, petty. Worse, I was repetitive: November 4, 1988, was no date with an epiphany. Nonetheless, I was in pain. All I knew was that I'd gone from being an outspoken girl interested in everything to someone withdrawn and incapable of participating in class. I was depressed, but more than that I was hating myself for being a woman. I'd slipped onto a path that is as vicious and uncreative as it is a cliché of young womanhood. In a rare moment of teen lightness, I named it the Dark Horrible Sucking Trail of the Lost Voice. The Trail shouldn't be underestimated. Every day, another girl gets stuck in its mud.
Virginia Woolf would have liked DrRogue, a bright, confident writer with a lashing wit. As to whether DrRogue is a genius as defined by Woolf, only time will tell. In the meantime, she manages beyond the confines of a tiny school (there are just five girls in her class), her parents' limited financial means and, oh yes, childhood, to find experience and "a room of her own" for the cultivation of her talents. You see, DrRogue is known to those in her small New England town as 13-year-old Susan.
We met on July 14, 2000. I'm a part-time producer of commercial websites for teen girls and was spending some time perusing the vast number of homepages linked to one another on the Internet. There are thousands out there, colorful and animated, with names like Glitter Girl, Fairy Dawn, Overcooked, Pixie Kitten, Foily Tin, Quasi Grrrl, Peppermint and Intelligent Life. They can be constructed at established homepage-building areas of sites such as gURL, ChickClick, Lycos and Bolt. Or they can be created independently, then hooked into freer-floating webrings like "Shut Up You're Only 16!" and "Music Girl." Some are smart; some are sappy. Most are filled with poetry. If you visit, you may find writings, drawings, photos, interactive games and the creator's deepest, darkest secret. But you won't ever find her. Instead, your experience will be that of discovering an anonymous diary on a crowded city street. You can read it and learn everything about its owner, but look up and she's long gone.
DrRogue, however, is right here. I have no idea who she is.
She flashes onto my screen, an insistent clump of text in a small, square dialog box aboard America Online's ubiquitous Instant Messenger (IM).
DrRogue: Hey, Bronwyn!
Aha, exclamation points. Dead giveaway. DrRogue, I now know, is one of the dozen or so teen girls whom I have e-mailed about their homepages. By now, I've visited enough to identify the prints.
I flip through my list of teen e-mails. DrRogue is Susan, the one with the website called Intelligent Life. Evidently, she has made a note of my AOL e-mail address and posted it to her "buddy list" to see when I'm online. She's flashing again.
DrRogue: Hello, it's Susan.
(Slowness, you see, is terminal here.)
BGAR2: Yes, Susan, of Intelligent Life. Hello.
DrRogue: Yeah, yeah, just thought I'd reiterate.
In my web travels, I've discovered that most Internet-savvy, homepage-creating girls provide only first names on their sites and to people they meet online. Discussing this find via e-mail with many different young women, I learn that the "first name only" policy is pretty strictly followed in these parts. Not every teen, of course, approaches her online development in the same way. Websites like Goosehead, for example, the work of a 15-year-old student, her parents and a growing staff, serves up a huge number of provocative photos of the pretty tenth-grade founder. For self-run sites, however, those who forgo anonymity are just throwing bait to bad people. "Avoid the psychopaths," as DrRogue says.
Anonymity is one of the hallmarks of safety online. And both anonymity and online safety, I learn, are crucial to privacy. If you'd asked me in high school what privacy meant in my life, I might have said, locked physical space that cannot be invaded with a butter knife. I mention this to DrRogue. It becomes clear that things have changed.
DrRogue: Privacy is [about] having your personal space in a more intellectually abstract, metaphysical sense. It is making sure that no one can find out too much about your real life through your online follies, keeping relationships strictly anon and not putting yourself at risk of psychopaths.
Evidently, DrRogue's issues go beyond keeping her brother out of her room (although this is cited as an ancillary goal). No matter the "horror stories blown up by newscasters," Susan asserts that she doesn't "feel threatened that [her] anonymity is slipping away." On the contrary, she blames the media for exacerbating the situation with their stupidity:
DrRogue: Newscasters report the invasion of my privacy very sternly, as though they're the ones decoding the human genome. From the way they speak, as though every technical word is new and unknown, it's clear that they're still asking their kids how to log on to the Internet.
Notwithstanding adult ignorance, DrRogue's understanding of privacy, "metaphysical" as it may be, is still predominantly about hiding the cord that could lead "psychopaths" to the "real" her. But isn't this paranoia for good reason? I ask. Haven't we all heard stories of "psychopaths" locating teenagers from clues carelessly dropped in chatrooms? DrRogue blisters at this one.
DrRogue: And then we have, "Cyber stalkers! Are your kids safe on the net?" If they have an IQ higher than a rock. Never give your full, real name, specific location, or phone number to a stranger. EVERY kid should know that!
"Keeping relationships strictly anon," in fact, is just the beginning of what a user, child or adult, must learn about the web, according to DrRogue. Sensing my ignorance, she outlines society's paranoia, the real issues as she sees them and the solutions--albeit in a somewhat mocking tone:
DrRogue: "Companies are putting something called 'COOKIES' onto your hard drive to TRACK WHAT SITES YOU VISIT!" screams the television. Anyone with a brain and a mouse should know that you can clear all the cookies off your hard drive anytime, or even set your computer to not accept them at all. "CREDIT CARD FRAUD!" is another big one. If you have a grain of sense, you won't give your credit card number to sites with names like Bob's Discount Warehouse. If you're not sure it's credible, DON'T SHOP THERE. "A new virus is spreading like wildfire around the world and through major corporations!" Major corporations where the employees are so out of touch, apparently, that they'll download anything.
Although DrRogue and most of the teens I encounter online are very careful about their privacy, the Annenberg Public Policy Center's The Internet and the Family 2000 reports that 75 percent of teens consider it acceptable to reveal what the study has defined as "private family information" in exchange for gifts, online. These "older kids," aged 13 to 17, are even more likely than younger ones, according to the study, to divulge personal details, including the names of their own and their parents' favorite stores, the type of car their family drives, whether their parents talk about politics and what their parents do on the weekends.
In the adult world, a person's concern for her own physical safety goes without saying, while the current discourse surrounds public image more than it does personal safety. In a New York Times Magazine article on privacy and technology, Jeffrey Rosen states that through the interception of e-mails, the tracking of browsing habits and purchases online and statements made in chatrooms, one's "public identity may be distorted by fragments of information that have little to do with how you define yourself."
Indeed, we've all heard stories about e-mail fragments being taken out of context by employers and others. The Washington Post described the case of James Rutt, the CEO of Network Solutions Inc., who feared his years of candid postings about sex, politics and his weight problem might be taken out of context, thus damaging his reputation and his ability to run his company effectively. Consequently, the new CEO employed a program called Scribble to help erase his online past.
Rutt's story is not unusual. This fear of being taken for a "fragment" of information is enough for most of us to employ private e-mail accounts we switch to at work when we have something personal to communicate. Even though we take these precautions, everyone I know goes to great lengths to erase all of her business e-mails when leaving a company. Why? Because the medium is seductive: Web travel is about exploration, and e-mails begun as impersonal memos often become more intimate exchanges. Intimacy does not translate well to third parties.
Take the 1997 example Rosen cites of Harvard professor Lawrence Lessig's e-mailed comment to a friend that he had "sold [his] soul" in downloading Microsoft Internet Explorer. Lessig, who had downloaded Explorer simply to enter a contest for a PowerBook, was not stating a biased opinion about the company, he was flippantly quoting a song. However, Judge Thomas Penfield Jackson, who had chosen Lessig as an adviser in the Microsoft antitrust suit, was forced to take such a bias seriously, removing Lessig as his adviser.
Rosen makes the point that we all wear different social "masks" in different settings and with different people. This may be true, even as it is socially taboo. From our estimations of Joan of Arc down to President Clinton, we celebrate and trust those with consistent (and consistently good) characters and criticize those who "waffle," or behave as if they are "spineless." Because we do not know how to define someone who changes with each new setting, we call her things like "mercurial," a "chameleon" or "two-faced." Consequently, the web induces fear in an adult not just for the things online crooks might do with Social Security numbers and other personal information but what a user herself may do to complicate her own "character."
However, while the adult world may suffer from a preoccupation with consistency, teens have the peculiar advantage of being dismissed as inconsistent before they begin. Adolescence is the societally condoned window in which we may shuffle through identities with abandon. My older sister, for example, horrified my grade-school self by morphing from punk to hippie to Hare Krishna to surfer girl all in the next room. Yet by the time I graduated from high school, I'd been through a few of those identities myself.
Besides their assumed role as explorers, teens may actually face fewer risks of this kind than their adult counterparts. Statistics relate that around 45 percent of large companies monitor their employees e-mail accounts, while few junior highs and high schools in America offer all their students computers or e-mail accounts. Even if they did, chances are that monitoring kids' private mail in public schools would raise countless legal issues. DrRogue's school is just now hooking up six new computers for the whole school of fifty-six students and has no intention of providing them with e-mail accounts. Ironically, it is this deprivation that has made monitoring less of an issue for students than it is for employees at big companies.
For girls like DrRogue who create and maintain personal homepages and explore the web's massive serving of chatrooms and boards, safety is not the only motivation for anonymity. "Bodilessness," it seems, can be the means to a more intellectual objective: credibility. Says Peppermint, a 17-year-old writer,
I definitely feel "bodiless" when writing for my page. The Internet has provided me with an audience that will forever be my biggest fan and my worst enemy. Just as I can say what I want on my site without fear of rejection, others can e-mail me their honest thoughts without the face-to-face consequences of criticism. My audience, as well as my privacy, is crucial to my development as a writer.
In a world with, as DrRogue sees it, "a seemingly endless supply of people to talk to and sites to visit, from all around the world," immediate, physical privacy gives some young women confidence they don't have when they're attached to developing physiques, school cliques or societal and familial expectations.
Only bodiless, confess some girls, can they relate certain ideas and thoughts at all. Indeed, screen names have become so popular that AOL is currently offering the option of seven aliases to the users of Instant Messenger. DrRogue herself has five that she can remember. In addition, girls can, if only for the experience, switch genders online. (Studies suggest 40 percent have done it.) "The ONLY reason I go into a chatroom is to pretend to be someone else!" insists DrRogue. Other young women are altogether wary of chatrooms. "I don't believe in chatrooms," explains Peppermint. "They've become a forum for online popularity contests and cyber sex." Does the monitoring of chatrooms add to their problems?
DrRogue: I've never felt like I was being monitored, because a monitor would do a better job of kicking out the scum.
Bodiless, many girls use their homepages as a sounding board before taking ideas out into "the real world." Others put the space and the "audience" to work on facets of themselves or ideas they plan to confine permanently there.
Peppermint, whose "real life" friends know her as Caitlin, addresses the consequences that she believes her physicality can have upon the reception of her ideas. "I do not post pictures of myself," she states in an e-mail, "simply because I want to be perceived as 'more than just a pretty face.'" Peppermint is so adamant that her physical self be distinct from her online self that she does not give her website address to "real life" friends.
Peppermint: I don't allow friends that I have known in person to have my Website address. The Web is a sacred place for me to speak to a receptive and critical audience, while at the same time, I do not need to worry about making a first impression, [about] coming off how I'd like to, or [about] what will happen the next time I see them. Because I don't need to make impressions, I am who I am, and I am being honest.
Peppermint believes her femininity and "real life" identity can negatively affect the reception of her ideas. She observes: "As a woman, I think we will always be viewed as sexual objects. [I want a person] to be able to look past the outside and realize that there is an opinionated, intelligent, creative young woman behind the pretty face." DrRogue, who at 13 is really just entering adolescence, simply may not have experienced her femininity as a handicap yet. If all goes well, she never will.
To many, appearance is the essential problem of female development. With the world standing by to notice her changing body, a young woman begins to perceive her somewhat limited access to what psychologist Lyn Mikel Brown (and many others, of course) points to as the patriarchal framework of our culture. From here, a struggle to retain her childhood identity and value system ensues, followed typically by a loss of voice, the narrowing of desires and expectations and the capitulation to conventional notions of womanhood. Yes, the Dark Horrible Sucking Trail of the Lost Voice is so trodden it is cliché. We've all seen countless articles on the phenomenon, but that doesn't make it any less painful for the young women going through it.
Less publicized, though more interesting than the pervasiveness of the Sucking Trail, is what Lyn Brown and Carol Gilligan (author of groundbreaking studies of female adolescence) have identified as a period before adolescence when girls' "voices" are at their most powerful. Young women, most of whom I imagine to be variations on DrRogue, actively resist dominant cultural notions of femininity at the edge of puberty. Finding a means to connect, harness and preserve the loud, defiant voices may empower girls to defy cultural norms and, in the process, eclipse the resentment that Virginia Woolf so protested.
On the one hand, Peppermint's sensitivity to a societal bias we'd like to think has passed is tragic. On the other hand, unlike those of us who were teenagers even ten years ago, Peppermint and DrRogue can literally construct their own worlds, with their own standards, where the only thing that matters is their ideas. They can't live in it forever, but maybe a few hours a day is long enough to change their lives.
BGAR2: how many hours do you spend online each day?
DrRogue: 1, usually.
BGAR2: really? That's nothing.
DrRogue: 2, really.
DrRogue: 3, if I'm bored.
BGAR2: still, I imagined more.
DrRogue: well, I'm prolly scaling down a lot.
BGAR2: why's that?
DrRogue: let's just say I've had to LIMIT my online time in the past.
BGAR2: ahh. los padres?
BGAR2: how much time did you spend yesterday?
DrRogue: lemme check my log.
DrRogue: ok, I lied. I spent 4 hours online.
Intelligent Life, DrRogue's latest homepage, which makes vague note of a Susan somewhere in the meat of its smart, sometimes acerbic, steadfastly spelling-error-free content, is exactly what it sounds like: an SOS for brain activity in a spectrum overwrought with misspelled emotion. Intelligent Life, when just a month old, had already received nearly 400 visitors--and that was during the summer. Whether they're up to DrRogue's standards is another matter.
Intelligent Life: I'm not being snobbish or narrow-minded, the time has simply come to draw the line. I want to meet people (of any age) who are bright and exciting, funny, kind, and intelligent. I want to meet people who are clearly individuals, not stereotypical, bumbling, senseless teenagers with limited vocabularies who take extreme liberties with spelling.
In short, do not visit Intelligent Life if you are, and there's no easy way to say this, a "ditz." Ding.
DrRogue: Have you been to Narly Carly yet?
Narly Carly's Super Awesome Page, to be specific, is DrRogue's spoof site--she recommended I look at it for research. Pulling the purple page with the rotating star up onto the screen, I see another reactionary move by DrRogue: a parody of the many sunny, earnest, "overwrought" teen sites splattered across the web. In the usual autobiographical style of these things, the fictional Narly Carly describes herself and her life, albeit without any of the eloquence DrRogue saves for, well, DrRogue. "I am a junior at Willingford High!" screams Narly at her visitors, "Go Wolfs!!!"
Although to the naked eye Narly Carly's Super Awesome Page looks quite a lot like any other teen site, its status as a farce lies in its suspicious abuse of exclamation points, the word "like" and an overload of personal information, among other things. Narly gives away reels of intimate details--for the visitors who "get it," this is a reproach of lax security. There is, after all, no one currently policing the Internet to keep people from divulging too much about themselves. In this era, something like Narly Carly serves as a gentle warning--as gossip does in a small town--to keep people in line. The irony is, of course, that a real Narly Carly may not understand irony.
Narly Carly bears the treadmarks of an adolescent critical of hypocrisy in older girls, making Susan appear to be someone Gilligan might identify as a "resister." Before they give up any measure of voice and shift into idealized femininity, girls are louder than ever, embodying what Gilligan believes may be political potential of an active adolescent underground. Whatever Susan's reasons for building an older "teenybopper's" site, they are her own. However, the underground political potential, along with Susan's strength and clarity of character, are palpable on Narly Carly. Indeed, a handful of the guestbook's visitors, whether male or female, passed the first test--they "got it." Said one visitor: "This page is so evil! I know whoever made it did this intentionally. No 'real' person acts this pathetic. And 'like' was WAY back in the 1980s. I know this is a joke and the person who made it is laughing their head off reading the guestbook."
When I argue that web diarists like her must be a bit self-conscious, DrRogue seethes: "People really put themselves out on these things!" Unlike my diaries though, they also get visitors who comment and provide discourse and insight, making the creator feel less alienated, making the pages actually useful methods of growth. Not to knock the diary--I certainly got somewhere venting in my own. Anaïs Nin kept a journal to "free" herself of "personae." The web is, in some ways, a more evolved journal, even as it is so many other things. Studies have shown that students write better papers and learn foreign languages more fluently when they actually have something to communicate to another person.
BGAR2: so these sites are like journals.
BGAR2: couldn't you print them out and store them in a closet or something and then delete them?
DrRogue: AH no!
DrRogue: that would defeat the purpose of the web!
BGAR2: what's the purpose?
DrRogue: interactivity, for one.
DrRogue: longevity of information, two. i can visit the Susan of a year ago. she's there in the same place, just as alive.
BGAR2: but how do you know when you're done?
DrRogue: I stop visiting it. I'm sick of it.
D.W. Winnicott defined a process of imaginative "saturation" in children's play in which the child plays with a certain toy or enacts an imaginative experience until all of the emotional ambivalence, fear, anxiety, etc., are diffused from that action or thing. DrRogues may be "playing" out their emotions to make offline "reality" less emotional. Selfishly, while she contributes to the textual wasteland of so many sites created and then abandoned, DrRogue hates to stumble upon such a "haunted" site herself.
DrRogue: It makes me feel really bad, manipulated almost, when I'm browsing a site, and then there's a date, and that date is like, March 13, 1996.
BGAR2: why, because it's old?
DrRogue: "does this person still exist?"
DrRogue: because I spent time getting to know the person
BGAR2: is it a waste if it's old?
DrRogue: it depends.
DrRogue: I like retail sites because they're constantly busy.
BGAR2: yeah, the idea of an updated site is good.
DrRogue: like someone's alive.
A good character's job is to "manipulate" her audience. Perhaps then, a date is some sort of narrative flaw that pulls DrRogue out of the story. What should a date matter to her anyway, I wonder: She'll never meet the site's creators. Why does she care whether she or he is still "alive"? The presence of a date on a site is like an actor's mustache falling off--it brings reality back into focus.
DrRogue's sense that a retail site, for example, might have human qualities, or something resembling a heartbeat, implies her ability to suspend disbelief so that the mechanism--words on the web--dissolves away. Further, it suggests a narrative view of the Internet, a desire to read and live through other people's stories. Susan seeks to learn about the world, about people and about herself, insight she can glean from any good story, regardless of its medium. I express some weariness of the homepages, but DrRogue says reading about their creators' everyday doings is fascinating, "sort of like having someone's life for a minute."
Stories, like "playing," can be powerful agents of personal transformation. "The right stories can open our hearts and change who we are," says Janet Murray, a professor of a digital fiction course at MIT. Indeed, ultimately the best stories render their technologies transparent so that we experience only the power of the characters and the story itself.
DrRogue created Intelligent Life to find other people, to hear their stories, to "have someone's life for a minute." In exchange, she shares her own experiences and, in doing so, develops a bit more as a human being. Logging on has enabled DrRogue to get beyond her small town, her age and her financial situation and has allowed her through narrative to experience the world.
Somehow, maybe because she pummels me with Instant Messages whenever I log on, I have come to associate the web with DrRogue. It is her "room," you might say.
BGAR2: shouldn't you be at camp or something
DrRogue: I said ALL my friends were at camp. I'm not so fortunate.
BGAR2: oh. sucks. well, you have the web.
DrRogue: I have the web.
Writing has always allowed people to step outside their skin, to try on different identities, to see through other perspectives. Lyn Lifshin, who edited a collection of women's journals by professional writers and others, recalled that contributors' friends were often shocked at the people represented in the diaries. For Foucault, writing was about growth and escaping the confines of identity. No one understands this better than the growth-hungry DrRogue, who, thanks to technology, can go even further in her explorations. She can gain experience of the world from a tiny room in Vermont.
The term "cyberspace" was coined by William Gibson, the prolific science fiction novelist, to define the virtual landscape of a human being's consciousness. It is voyeurism, entertainment, education, communication, interaction and self-expression all at once. Above all, it is a human environment, an extension of, rather than an escape from, the "real world." As such, it poses "real world" risks as well as opportunities. For young women like DrRogue and Peppermint, it is the real stories, the sense of community and communication, that keep them coming back.
Peppermint: Receiving responsive email to something I've written is the most rewarding part of the experience. I've received in excess of fifty letters, especially from girls a few years younger than myself, saying that I've taught them that there is nothing wrong with being yourself. This is a lesson that I wish I had learned at their age, and to know that I have taught it to someone younger than me is an incredible feeling.
DrRogue: IGG. [I gotta go.] Time to do something productive today.
BGAR2: Go write your novel.
I forgot to mention that, since she's not going to camp, DrRogue is writing a novel. It's tentatively titled: Teen Girls: Not as Stupid as You Think.
Will Paris become the first large city in France (indeed, the first major city or national capital anywhere in the world) to elect an openly gay candidate as mayor--the Socialist Bertrand Delanoë? Beyond that question, highly symbolic for same-sexers everywhere, the two-stage Paris elections, which take place on March 11 and 18, will have far-reaching consequences. If the left succeeds in winning the City of Light for the first time ever, that could presage a national victory in France's presidential and legislative elections, to be held in May 2002.
The right has maintained hegemony in Paris since the first municipal elections in 1977, when Jacques Chirac--then president of the neo-Gaullist RPR--led the right to victory. He remained mayor of Paris until his election as President in 1995, when he dictated the selection of his successor--the current mayor, Jean Tiberi, Chirac's first deputy mayor for nearly two decades.
But the unbroken succession in this city, dominated for the past twenty-four years by la droite chiraquienne (the Chirac conservative majority), has suddenly and dramatically deteriorated following an avalanche of financial and electoral scandals. Mayor Tiberi is at the center of accusations concerning, among other things, the secret financing of political parties through a highly organized system of corrupt rakeoffs and kickbacks on contracts, filling the electoral rolls with phantom voters, illegally allocating low-rent apartments in city-owned housing (reserved for the economically disadvantaged) to political cronies and the families of elected officials and giving hundreds of no-show municipal jobs to full-time workers for the RPR and its campaigns. These scandals now threaten to undo Chirac himself, a danger underscored by the recent arrest of Chirac's former municipal chief of staff.
Aside from the scandals, the right's management of the city has also been sharply criticized. Paris is in danger of becoming a city-museum: Rents have skyrocketed, and the lack of subsidized housing for low- and middle-income families has forced many of them to move to less costly suburban developments with onerous commutes. While tourism continues to increase, Paris has serious air pollution and has not modernized or improved its public transportation or its noncommercial recreation facilities (especially for the young, hardest hit by unemployment).
All this means the left has an excellent chance of winning the municipal elections. Its leading candidate, Dominique Strauss-Kahn (number two in Prime Minister Lionel Jospin's government and the man in charge of the French economy), was forced to withdraw and lost his ministry after being tainted by yet another money scandal. After much internecine maneuvering, Jospin's Socialist Party finally settled on Delanoë. A little-known senator at the time of his designation, with a reputation as an unimaginative apparatchik and Jospin loyalist, Delanoë chose to make his homosexuality public during a 1998 television appearance. His matter-of-fact manner in coming out made few waves at the time, but since then he has enjoyed the media's favor, and--thanks to the Ubuesque situation in which Paris's right finds itself--his popularity has steadily increased in the opinion polls. And he has secured the endorsement of all the smaller parties in Jospin's "plural left" coalition, including the Communists (except for the Greens, who are nonetheless expected to support Delanoë in the second round of municipal voting). Within the city's sizable gay population, Delanoë has broad support, all the more so because, in contrast to his right-wing opponents, he has been a supporter of the pact of civil solidarity (PACS) for unmarried couples. Passed by the left-controlled National Assembly in 1999, the PACS recognizes and gives a large number of social and fiscal rights to domestic partnerships, whether homo- or heterosexual.
The conservative RPR, recognizing that Tiberi was politically bankrupt, dropped him as its mayoral candidate in favor of Philippe Séguin, a former party president and minister under Chirac. But even though Séguin is an RPR heavyweight with a reputation for intellectual honesty, his rigidity and independence (in the past he's feuded with Chirac) render him unsuited for the kinds of concessions necessary to unify the fractious Paris right. Meanwhile Mayor Tiberi, despite being disavowed by the RPR, has maintained his candidacy for re-election as an independent and is running a slate of candidates for City Council. In addition, the two extreme-right parties are running their own slates.
Delanoë's ambitious campaign proposals include making Paris "a model of democracy" (through the creation of neighborhood and youth councils and an official forum for civic organizations, the institution of referendums by petition and, above all, a guarantee of "real financial transparency" in government); building 5,000 new low-income and student housing units a year; ending the policy of "autos first" by building a new tramway to encircle Paris, creating 300 kilometers of new bus lanes, more car-free zones for pedestrians, cyclists and roller skaters, and improved river transport on the Seine; providing more daycare centers and facilities for the aged and handicapped; and doubling the city's cultural budget. He also promises halfway houses for gay kids rejected by their parents, giving gay organizations equal access to the subsidies the city already provides to civic groups, creating a new gay archive/research center and waging aggressive city-sponsored campaigns against antigay discrimination and AIDS.
However, even if Delanoë wins, as now seems probable, giving Paris back its former demographic mixture and improving its quality of life--especially for those of modest means--won't be easy, given a city budget that has been fiscally unsound for many years. Moreover, Delanoë's personal shortcomings continue to raise doubts, including on the left: Can a party workhorse with no management experience, nominated almost by default for his mayoral post, innovatively lead the first city of France?
Still, changing the political control of Paris--and ending what Le Nouvel Observateur has dubbed "the corrupt Chirac-Tiberi system"--is a top priority, one that could lead to the right's (and Chirac's) defeat next year. And if this permits one of the world's greatest cities to elect a mayor who is openly gay, why not gamble on his success? Frédéric Martel
If a critic's clout can be measured by the ability to make an artist's name, the most important art critic in America today is clearly Rudolph Giuliani. Just over a year ago he excoriated the Brooklyn Museum of Art for including in its "Sensation" show Chris Ofili's Holy Virgin Mary--the elephant-dung-decorated painting of an African BVM, which the mayor found "anti-Catholic," blasphemous and disgusting--and turned Ofili himself into a sensation overnight: One collector, I heard, complained that the media attention had driven Ofili's prices so high he couldn't afford him anymore. If I were Jake & Dinos Chapman, represented by a perverse sculpture of deformed and weirdly sexualized children, I would have been seriously peeved, and if I had been Richard Patterson, whose Blue Minotaur, a profound meditation on postmodernity and the heroic tradition, got no attention at all, I would have wept.
You'd think the mayor would have learned to stay his theocritical thunderbolts, but once again he has gone after the Brooklyn Museum for including an "anti-Catholic" work--Renee Cox's Yo Mama's Last Supper--in the new show of contemporary black photographers, "Committed to the Image." He's even suggested that what New York needs is a "decency commission," which got big laughs all around, since the mayor, a married man, is openly carrying on with his mistress, upon whom he has bestowed police protection worth some $200,000 annually at taxpayers' expense. As the whole world now knows, Yo Mama is a five-panel picture in which Cox appears naked, as Jesus, surrounded by male disciples--ten black, one white--at the Last Supper. As an artwork it's negligible, glossily produced but awkwardly composed and, to my eye, rather silly. Cox is thin and beautiful; the men, in robes and caftans, are handsome and buff--apparently the first Christians spent a lot of time in the gym and at the hair salon, getting elaborate dreadlocked coiffures. Unlike the figures in Leonardo's Last Supper, which are highly individualized and dramatically connected, the figures here are generic and stiff. My eye kept going to the limited food on offer: bowls of wax-looking fruit (did they have bananas in Old Jerusalem?), rolls, pita bread. Was the Last Supper a diet Seder?
If you want to see visually haunting work at "Committed to the Image," there's Gordon Parks, Albert Chong, Imari, Nathaniel Burkins and many others. LeRoy W. Henderson's black ballet student, dressed in white and standing in front of a damaged classical frieze, interrogates the Western tradition much more deeply than Yo Mama does. Mfon's self-portraits of her mastectomized torso, a meditation on beauty, heroism and tragedy expressed through the female body, lay bare the high-fashion hokiness of Cox's costume drama. For fan and foe alike, the interest of Yo Mama appears to be political. Cox describes her art in ideological terms ("my images demand enlightenment through an equitable realignment of our race and gender politics"), and she has been quite pungent in defending it. As with The Holy Virgin Mary, the mayor hasn't actually seen it, nor had the numerous people who sent me frothing e-mails after I defended government support for the arts on The O'Reilly Factor.
Even the New York Observer's famously conservative art critic, Hilton Kramer, who usually delights in withering descriptions of pictures he hates, apparently felt that depicting Christ as a naked black woman was so obviously, outrageously anti-Catholic he need say no more about the photo before embarking on his usual rampage. It would be interesting to know where the offense lies: Is it that Cox as Christ is naked, black or female? All three? Two out of three? If one thinks of Catholics, the people, there's nothing bigoted about any of this. (Like Ofili, Cox is Catholic--as are most perpetrators of "anti-Catholic" works.) There is no ethnic stereotyping of the sort on view, for instance, on St. Patrick's Day, when the proverbial drunkenness of the Irish is the butt of endless rude humor, especially from the Irish themselves. While we're on the subject of ethnic stereotyping, it's worth noting that in a great deal of Christian art, Jesus and the disciples are portrayed as Northern Europeans, while Judas is given the hooked nose and scraggly features of a cartoon Jew.
But if what is meant by anti-Catholic is anti-Catholic Church, why can't an artist protest its doctrines and policies? The Church is not a monastery in a wilderness, it's a powerful earthly institution that uses all the tools of modern politics to make social policy conform to its theology--and not just for Catholics, for everyone. It has to expect to take its knocks in the public arena. A church that has a 2,000-year tradition of disdain for women's bodies--documented most recently by Garry Wills (a Catholic) in his splendid polemic Papal Sin--and that still bars women from the priesthood because Jesus was a man can't really be surprised if a twenty-first-century woman wonders what would be different if Jesus had been female, and flaunts that female body. And a church with a long history of racism--no worse than other mainstream American religions but certainly no better--can't expect the topic to be banned from discussion forever.
At the Brooklyn Museum, Yo Mama's Last Supper is in a separate room with its own security guard. On Sunday afternoon, it attracted blacks, whites, Asians, parents with small children, older women in groups, dating couples, students taking notes--le tout Brooklyn, which is turning out in large numbers for the show. I asked one black woman, who described herself as a Christian, what the picture meant to her. "It shows Life as a woman," she said. "It's beautiful." Her friend, who said he was a Muslim, liked the picture too.
If only I could get the Mayor to review my book!
Show George W. Bush you support RU-486. Make a donation in W.'s name to the Concord Feminist Health Center (38 South Main Street, Concord, NH 03301) and help it buy the ultrasound machine this method requires. The center will send the President a card to let him know you were thinking of him when you wrote your check.