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To a degree that's hard to appreciate outside Wisconsin, Tommy Thompson's impending move to Washington to become Secretary of Health and Human Services will transform this state's politics. Now entering his fifteenth year as governor, Thompson has for so long and so completely dominated our political life that we are used to mapping its history in Steinbergian epochs. There is Old Wisconsin, a receding green landscape where one can still glimpse the tiny figures of Fighting Bob La Follette, Father Groppi, Gaylord Nelson and the circling ghost of Joe McCarthy. And then there is Today's Wisconsin, an eternal, life-sized present, physically more akin to northern New Jersey and better known as "Tommy's Place." That yet another political world will soon come into view has us more than confused. We are dazed with hope. We even seem to be breathing differently.
But enough about us. What can we tell you about our "man from Elroy," the tiny farming town, deep in our coldest sticks, that is Thompson's lifelong home and the place he long represented in the State Assembly?
First, don't underestimate him. Before becoming governor, Thompson's twenty-year career in the State Assembly was distinguished only by painstaking party hacking and strident but ineffective advocacy of then still unfashionable right-wing views. Among liberals, his election as governor was greeted as a brief hiccup in state politics largely attributable to a Rustbelt recession that still resisted sleep here. Thompson was thought to be nasty but a rube, sufficiently at odds with the state's centrist political culture to be transient in his power.
Boy, were they wrong. Upon taking office, Thompson moved immediately to tighten his control of the state apparatus, overrunning Wisconsin's traditionally independent civil service with a small army of intensely loyal and openly political appointees. He patronized continuously and at scale, afterward tapping a river of corporate cash to float easily from one landslide re-election to the next. And he simply rolled legislative Democrats, stabbing them to death with his magic veto pen. Wisconsin grants its governors the unusual power to strike not just line items but individual words and numbers, and to reduce any proposed expenditure. Used infrequently before Thompson, the power in theory makes legislative budgets the equivalent of phone books, ready for gubernatorial cut and paste. Thompson made theory practice, boldly invoking the power some 2,000 times to shape law in his own image, and not once was he overridden. Make no mistake about it--the rube ruled.
Second, don't box him ideologically. Thompson signed one of the nation's most punitive late-term abortion bans (later overturned, with many others, by the US Supreme Court) and is on record as believing that abortion should be criminalized except where necessary to save a woman's life, or in cases of rape or incest. But he's also strongly defended stem-cell researchers (who use extracted embryo cells) at the state university and worked with Madison's liberal US Representative Tammy Baldwin, who happens to be an open lesbian, on women's healthcare concerns.
He has crusaded ceaselessly against welfare recipients, eventually gaining national renown by time-limiting their eligibility for support. (This Wisconsin "miracle" is hardly that. It achieved massive reductions in welfare caseloads by simply losing track of former recipients or dissolving them in a sea of working poor.) But he's also been quicker than other welfare "reformers" to help those once on welfare rolls with expanded childcare assistance and health insurance, and extended those benefits to many others. He killed light rail in Milwaukee and is a god for the state's highway lobby. His most enduring legacy, indeed, won't be welfare reform but sprawl. However, as chairman of Amtrak, he's also recently promoted high-speed rail in the Midwest. As anti-union as the next Republican, he's supported joint labor-management efforts at worker training and job retention. And so on. Always happy to throw big bloody chunks of red meat to the right, Thompson makes deals with others, too. His only limit: "if business does not object."
Third, watch out. Thompson's intelligence and near-feral sense of power, along with his longstanding ties to the Bush family, samurai devotion to the Republican Party and close attention to political detail (not to mention his polished self-caricature as a happy Babbitt from the heartland, brimming with confidence and good cheer interrupted only by occasional tearful confessions of how much he loves public service, or the lightning decapitation of a political opponent) make him a formidable political force. Add in several hundred billion dollars in HHS programs and tens of thousands of lines of amendable administrative program code, and you have something worth worrying seriously about.
Worth emphasizing here is that Thompson is not another half-cocked James Watt. By nature--and despite his Zeus-like reign in Wisconsin--he is a team player who treasures political discipline. But as a political pro, he seldom shows his hand before he plays it, and it is seldom possible to predict just what that play will be. You can only rest uneasy that whatever it is it will come at you full-bore. Prudence recommends both a readiness to respond in kind and more than the usual openness to the possibility of tactical alliance.
Good luck, America.
When W. gave the nod to New Jersey Governor Christie Todd Whitman for the top EPA spot in his administration, the tone-deaf national press corps praised the appointment of a "moderate" (largely on the basis of Whitman's inconstant pro-choice positions). A little digging would have revealed that Whitman has been an unmitigated disaster for New Jersey's environmental protection. Under her governance, fines of air and water polluters have plummeted 70 percent. Indeed, after her nomination the head of the Chemical Industry Council of New Jersey praised her to the Newark Star-Ledger for having restored "balance" to the state's enviro policies after the aggressively antipolluter measures taken by her Democratic predecessor, Jim Florio.
Thanks to Whitman's evisceration of state enviro regs as well as a raft of subsidies and tax cuts to developers, suburban sprawl gobbled up more open space and verdant land during her tenure than at any other period in New Jersey's history. Moreover, she decapitated the state Department of Environmental Protection staff by 738 employees in her first three years in office, cut the remaining staff's workweek by five hours, eliminated fines of polluters as a source of DEP revenue and made large cuts in the DEP's budget. That's why the New Jersey Sierra Club's Bill Wolfe has warned that Whitman might "dismantle [federal] EPA and take it out of the enforcement business. I believe that this is precisely the policy Whitman has presided over and legitimized in New Jersey." One mechanism was the Office of Dispute Resolution, which she established to mediate conflicts over environmental issues (usually resolved in favor of business). She also installed an Office of Business Ombudsman under the Secretary of State (the Star-Ledger labeled it "essentially a business lobby") to further grease the wheels of the bureaucracy for polluters and developers, and to act as a counterweight to the DEP.
If Senate Democrats want to take a serious look at Whitman's record in the Garden State, they should start with "Open for Business," a three-part exposé by the Bergen County Record in 1996. After a ten-month investigation, The Record detailed dozens of cases in which Whitman's corporate-coddling policies had circumvented laws designed to protect the environment. Often, those getting favored treatment were big campaign contributors, like Finn Caspersen, then chairman of Beneficial, at the time the nation's largest independent consumer-loan company. The firm got more than $182 million in taxpayer subsidies in the form of road construction designed to ease traffic around its lavish office complex in Peapack--improvements that increased the value of an open 700-acre tract that Beneficial owned nearby. While all this was going on, Caspersen, his family and their political action committee gave the state GOP $143,250.
A more recent example: For the past three years, Roche Vitamin, a manufacturing plant in Belvidere, has been "belching out 300 tons of methanol annually--at least 10 times the rate state permits allow," according to the Star-Ledger. And Clinton's EPA has been fighting Whitman's proposals to further dilute state regs controlling water pollution and coastal development, which would sanction gigantic increases in pollution and hand over environmentally sensitive lands to rapacious developers. No wonder The Weekly Standard's David Brooks praised Whitman's nomination (and that of her anti-enviro counterpart proposed for Interior, Gale Norton) as reflecting the Bush Administration's "corporate mentality."
Whether the Dems have the stomach for a real fight against Whitman is an open question--her nomination has already been endorsed by her state's influential senior Democratic senator, Robert Torricelli. (Says a knowledgeable state Dem: "This is The Torch's way of paying back [Woodbridge mayor] Jim McGreevey," whose aggressive politicking in the gubernatorial race caused Torricelli to abort his plans to run this fall. "With Christie at EPA, McGreevey's GOP opponent, State Senate president Donald DiFrancesco, becomes acting governor and gets a big advantage.") Whitman and The Torch also get campaign cash from many of the same corporate polluters, and such bipartisan influence-buyers are likely to go all out in lobbying Senate Dems on Whitman's behalf.
Montgomery's transit system isn't segregated anymore. It barely exists.
In Texas, vote-counters routinely count a dimpled chad as a vote
for the candidate because it clearly establishes the voter's intent.
Three weeks ago, that sentence would have been gibberish, a sure sign
that the writer had lost his mind. But I offer it today as the key point
in the debate about who should be President and as proof positive that
the Bush camp is being, to put it politely, disingenuous.
Both Texas and Florida law hold that a voter's intent is all important
in determining how a vote is counted. An indented ballot--the now-famous
dimpled or pregnant chad--has been interpreted in states, from Texas to
Massachusetts, as proof that the voter intended to vote for a particular
All the Florida Supreme Court has done, by a unanimous vote, is to
affirm that the manual count is legal, just as it would be in Texas. So
what's the fuss? Why are all of the Bushies yapping about the possibility
of a stolen election, given that what county election officials are now
doing in Florida has long been the common practice in their candidate's
George W. Bush is acting as if he believes the presidency is part of
his natural inheritance. Otherwise, why wouldn't he gracefully play out
the hand that the Florida Supreme Court has dealt and accept Al Gore's
offer to agree to support the decision of the voters as announced in four
days, a decision that is still most likely to go Bush's way?
Even with the dimpled chad ballots included, Bush may be the next
President, ambiguous though his victory may be. He did, after all, lose
the national popular vote by more than 250,000 votes, which would make
him the first loser since 1888 to squeak through in the electoral
college. But our system requires that, if that happens, he be granted the
awesome powers of the presidency, in which case we should all give him
the respect due to the occupant of that office.
By endorsing the manual count, the Florida Supreme Court made the best
of a bad situation. The Bush team is solely responsible for not
exercising its right--after Gore asked for recounts in several
counties--to request hand counts in those counties where Bush could have
picked up more votes. Instead, Bush and his aides have done their best to
obstruct the fairest way to recount legitimate votes in disputed
counties, and they have muddied the waters with their attacks on manual
counting as some sort of Democratic plot. It isn't, as demonstrated by
the widespread use of this device to check the fallibility of machines
throughout the nation. Imperfect, yes; devious, no.
And what about the other voting irregularities in Florida, most of
which seem to have cheated Gore? The case of the Republican campaign
helpers in Seminole County who were allowed to work in the registrar's
office--some up to ten days--adding required information to thousands of
absentee ballot applications that would have been disqualified; the
flawed butterfly ballots in Palm Beach County; the tens of thousands of
ballots of black voters around Jacksonville that were rejected because of
a confusing ballot that led to double-punching.
The Gore campaign decided against asking that the outcome of the
election be held up pending an investigation of those cases. Gore also
stated that he wouldn't accept any electoral college votes cast for him
by Bush electors in any state, and will willingly accept the results of
the count underway in Florida as a final disposition of the presidential
race, no matter the outcome.
The Bush camp appears ready to accept that result only if its man is
the victor. Toward that end, it is willing to trample on the cherished
Republican principle of states' rights by appealing to the US Supreme
Court to overturn Florida's highest court. It has also threatened to use
Florida's GOP-controlled state Legislature to undermine the court, making
a hash of the principle of an independent judiciary.
The Bush blitzkrieg against the Democrats for exercising their right
to ask for a manual count betrays the bipartisan cooperation that Bush
promised during the campaign. It is neither candidate's fault that this,
the most closely contested election in over a century, has proved so
difficult to call.
Bush probably will win the electoral battle, but he will only emerge
as a true winner by taking the high road now and joining Gore in pledging
to be bound by the vote totals as reported to the secretary of state in
keeping with the Florida Supreme Court's order.
A land-claim suit is pitting Oneidas against other upstate residents.
The judge who chided Bush over aid to children is part of a state tradition.
In Michigan, it's a battle over school vouchers. In Alaska the fight is over medical marijuana. Nebraskans are being asked to outlaw civil unions. In Colorado, Amendment 25 would impose a twenty-four-hour waiting period and antiabortion propaganda on women wanting to terminate a pregnancy. These are just a few of the dozens of state initiatives and ballot measures that voters will face on November 7.
The overwhelming majority of them are in the Mountain West and on the Pacific Coast--and most are rollbacks led by conservatives. "There are some good progressive initiatives," says Amy Pritchard of the Ballot Initiative Strategy Center. "But progressives are mostly on the defensive." Because initiatives generally don't get the same attention that candidates do, voters tend not to focus on them until the last minute, if they focus at all, making outcomes hard to predict.
Once again California is the bloodiest and costliest of ballot- initiative battlegrounds. As much as $50 million is being spent by both sides on Proposition 38, which would widely introduce school vouchers. Silicon Valley multimillionaire Tim Draper is bankrolling the pro-voucher forces, but stiff opposition from teachers' unions and elected officials seems to be dominating. (A similar plan in Michigan could win, however.)
A similarly salutary role was not played by many of these same officials on another California measure. Cooked up by the bipartisan political establishment, Prop 34 would short-circuit real campaign finance reform by enacting a measure that is a reform in name only. In San Francisco, a creative Proposition L would close legal loopholes that allow dot-coms and other gentrifiers to turn low-income residential and industrial neighborhoods into gilded offices and condo villages. Prop 36, a measure that would reverse the logic of the failed drug war by substituting treatment for incarceration of nonviolent users, seems to be gaining the upper hand, with substantial support from several groups backed by financier George Soros. Opposition to the measure ranges from prosecutors to the otherwise liberal actor Martin Sheen.
Alaskans appear to be poised to approve a cannabis decriminalization law that would also grant pardons to people convicted under state marijuana laws and make them eligible for restitution. Nevadans, too, will be voting on whether to approve medical marijuana--as well as whether to ban gay marriage. In Arkansas and Massachusetts, conservatives are championing antitax initiatives.
Oregon's menu of twenty-six ballot measures is a nightmare for progressives. The militantly antigay Oregon Citizens Alliance has collected more than $170,000 to promote Measure 9, which would ban public schools from teaching anything that promotes or sanctions homosexuality, but opponents have raised about six times that amount. Meanwhile, progressives are also having to spend resources to oppose measures 92 and 98, which would restrict the ability of unions to collect money to use for political purposes from more than 200,000 unionized workers.
The good news from the Northwest is that Oregon is one of two states (Missouri is the other) where voters have a chance to approve clean-money campaign finance reforms. In the past few years, four states--Maine, Vermont, Massachusetts and Arizona--have approved such laws. In each, the special-interest-funded opposition barely put in a showing, but that has changed. "We have always been David and the other side the Goliaths," says Public Campaign executive director Nick Nyhart. "In the past Goliath never came to play. Now he's out in force."
An Oregon radio campaign tries to tar the reformers as fronts for eco-terrorists and neo-Nazis. In Missouri, corporate opponents are threatening to spend $2 million to defeat the measure; to date Anheuser-Busch has led the charge with a $25,000 contribution, followed closely by KC Power & Light, Hallmark and the Missouri Association of Realtors. "It's crucial that these two measures pass," says Nyhart. "Clean money is an idea that has been winning, and we don't want to lose the momentum." In both states, the battle is tight and likely to go down to the wire. (Readers who wish to contribute can contact Missouri Voters for Fair Elections at 314-531-9630 and the Oregon Campaign for Political Accountability at 503-796-1099.)
Multiracial and populist, New York's Working Families Party gains ground.
Take this as a national parable. Once upon a time--in the early eighties, actually--there was a progressive coalition in Vermont designed to become a third force in politics. One of its prime spokesmen was Bernie Sanders, who became mayor of Vermont's largest city, Burlington. Sanders duly became a leading proponent of the idea that America needed a third party of the left.
In 1988 the coalition backed Sanders for Vermont's single seat in Congress. Then as now, orthodox Democratic liberals accused the radical progressives of being wreckers. The radicals said that yes, some creative destruction was necessary. A Sanders candidacy might put Republican Peter Smith into Congress over liberal-populist Democrat Paul Poirier, but that wasn't the concern of an independent force. Just as he's now bashing Ralph Nader, Barney Frank bashed Sanders' candidacy as bad for gays (whose legislated well-being Frank regularly conflates with the fortunes of the Democratic Party) and liberals. And so it came to pass. Sanders swept up Poirier's liberal base and denied Democrats the victory they would otherwise have obtained. Smith won with less than 50 percent.
The progressive coalition had a long-term strategy. It knew Sanders would not win on that first outing. The essential victory was to persuade progressives to vote, finally, for their beliefs, to stop deluding themselves that the Democratic Party would fulfill even a sliver of their expectations. Two years later, Sanders again made a bid, this time against the incumbent Republican. The Democrats effectively quit the field. Sanders swept to victory.
Creative destruction worked. The progressive coalition matured and expanded. It replaced Sanders with Peter Clavelle as mayor of Burlington and took numerous seats throughout the state. Last year it formally constituted itself as the Progressive Party of Vermont and put up Anthony Pollina, a leftist with years of grassroots activism in the state, as its gubernatorial candidate for November 2000.
Once again, the state echoes with the anguished bellows of liberals that Pollina's candidacy will install Republican Ruth Dwyer and take Vermont back to medieval darkness. The Progressive Party has refused to stand down. Incumbent Governor Howard Dean is a DLC-type Democrat who never met a corporation he didn't like or a mountaintop he wasn't willing to sell to a ski-resort developer. Pollina, who had led Vermont's successful fight for public financing of statewide elections, became the first to benefit from it. As required by law, he raised $35,000 (from donations averaging $22), then qualified for $265,000 in public money, the only funds he can spend. Pollina was on an equal money footing with Dean. But not for long. A court threw out the law's spending limit, and immediately Dean inoperated years of pious blather about campaign finance reform. Five days after lauding such reform at the Democratic convention, he rejected public financing and put himself back on the block for corporate contributions and soft money from the Democratic Party.
Pollina and the Progressives have taken the Democrats' scare strategy straight on. They say, Vote Your Hopes, Not Your Fears. The campaign is rich with proposals on healthcare, environmental protection, a living wage, stability for small farmers and small businesses. Pollina has plenty of ammunition against Dean, who has been running Vermont longer than Clinton/Gore have been in the White House. It's the pathetic national story. In Vermont, 95 percent of men under 22 in prison do not have high school equivalency. In the past ten years prison spending has increased by 135 percent, while spending on state colleges has increased by 7 percent. One of every seven Vermont men between 18 and 21 is under the supervision of the Corrections Department.
And Pollina doesn't shrink from reminding voters that at the very moment in the early nineties when Vermont was poised to become the first state to have universal healthcare, Governor Dean, a physician by trade, killed off all such hopes, as he did a bill this year that would have established prescription-drug price controls.
Democrats of the stripe of Dean and Gore know how to talk the talk. They don't move a finger to expand human freedoms or opportunities, then boast that they alone are the bulwark against right-wing attacks on such freedoms and opportunities. After undermining choice and gay rights for much of his Congressional career, Gore now tells women and gays that he is the prime defender of choice and gay rights. At a gay event in Los Angeles, Dean claimed the hero's mantle for signing Vermont's civil union law giving gay couples the same state benefits as married couples. But he was never out front on this issue, moved only under direct order of the courts and then, in an act of consummate cowardice, nervously scribbled his signature to the law secluded from press or camera. So what does our Vermont parable add up to? Independent in name only, Sanders sold out to the Democratic machine long ago. He's no longer part of a movement. He's not a member of the Progressive Party and has not endorsed Pollina. In his re-election race for November, he's outflanked on both politics and gender, facing a Democrat to his left (Peter Diamondstone) and a transsexual moderate Republican (Karen Kerin). But the big story is not Sanders' dismal trajectory; it is that third-party politics in Vermont has moved out of his sad shadow and is changing the face of the state. The Progressives have also endorsed Nader.
"This race, a lot like Nader's nationally, has posed the question: If we want good people to run, and they get on the ballot, what do we want to do with that? Do we wish to use their campaigns to build up a progressive movement, or do we once again want to squander our power on business as usual?" Thus Ellen David Friedman, a long-term Progressive organizer in Vermont. "People under 30 don't give a damn about the spoiler stuff. Most of Pollina's campaign workers are under 25. They want to be able to work for what they believe in. Demographically, these are the people who will be making the difference, organizing progressive campaigns in the years to come."
The Supreme Court opens its new term with a case that raises the stakes dramatically in the politics of fetal rights. At issue in Ferguson v. City of Charleston is whether a public hospital violates the Constitution when it tests pregnant women for drug use and turns over positive results to the police without so much as obtaining a search warrant.
Medical professionals and the general public agree that it is not desirable for pregnant women to use drugs. But this case raises a different question: Do women forfeit basic constitutional rights to equal treatment, due process and protection against unreasonable searches and seizures when they become pregnant?
South Carolina has been a leader in the movement, building ever since Roe v. Wade legalized abortion, to establish rights for fetuses. No state has done more to target pregnant women who use drugs. Starting in 1989, the Medical University of South Carolina (MUSC) invited the police and local prosecutor to help implement a policy directed at prenatal-care patients. Women who came to MUSC, the only facility for indigent patients in Charleston, were threatened with arrest if they tested positive for drugs. Some were jailed for the duration of their pregnancies (surely not an optimal environment for pregnant women's health), and others were jailed after giving birth, still in their hospital gowns. All but one were black. The crimes they were charged with--drug possession, child neglect and distributing drugs to a minor--carried penalties of two to twenty years.
South Carolina Attorney General Charles Condon has said, "There is no constitutional right for a pregnant mother to use drugs." True enough. But the Constitution does guarantee rights of personal liberty and due process, which in turn require that all people, regardless of race or gender, be treated fairly and equally under the law. And the Charleston police department has never arrested a male hospital patient and charged him with possessing drugs on the basis of a positive urine test.
The real issue is how to respect pregnant women's constitutional rights while improving their (and their future children's) chances of a good outcome. The state maintains that the "stick" of criminal intervention is necessary to make its policy of "encouraging" pregnant women to get treatment effective. But at the time the policy took effect, there was not a single residential drug-abuse-treatment program for women in the entire state. MUSC itself would not admit pregnant women to its treatment center. And no outpatient program in Charleston provided childcare so that pregnant women with young children could keep their counseling appointments.
Finally, arresting women after they give birth does nothing to promote a healthy pregnancy or newborn. This practice also hinders the basic goals of keeping families together and promoting family stability through the provision of rehabilitative services instead of punishment.
Condon has made plain his desire to challenge the premise underlying abortion law: that a fetus is not a person in the constitutional sense and has no rights of its own. In 1998 he told the Washington Times that he would be "proud" and "very pleased" to defend his policies, "even in terms of reversing Roe v. Wade."
Faced with sanctions and the loss of federal dollars when the federal government investigated MUSC for ethics violations and discrimination against African-American women, the hospital suspended its policy in late 1994. But the program's architects got a boost when the State Supreme Court ruled in 1996 that a viable fetus is a person under the children's code, a ruling that the US Supreme Court allowed to stand. Condon then instructed district attorneys around the state to prosecute for "child abuse" women who take drugs during pregnancy.
Because most women in the United States get pregnant at least once in their lives, the practical and political implications of the Supreme Court's decision in Ferguson v. City of Charleston will be enormous. Fetal rights advocates recently scored a victory in Massachusetts when a judge entered an order of protection on behalf of a fetus and took a pregnant woman into state custody. The state alleges that the woman let her last baby die shortly after birth but has not charged her with any crime. If the Court upholds South Carolina's policy, it will encourage similar actions, effectively putting American women on notice that if they become pregnant, their lives are no longer their own.
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