We have the Bill of Rights and we have civil rights. Now we need a Right to Care, and it's going to take a movement to get it.
It may be legal, but it's still a coup d'état. The nomination of
Theodore B. Olson to be solicitor general, a position of such influence
that it is often referred to as "the 10th member of the Supreme Court,"
affirms that President Bush has turned the US judiciary over to the far
We can't say we weren't warned when Bush, during the campaign, named
Clarence Thomas and Antonin Scalia as his role models for future judicial
appointments. They returned the compliment by obediently bowing to the
arguments of Bush's lawyer, Olson, that abruptly stopped the vote
counting in Florida, thus handing the election to Bush.
Once in office, Bush quickly appointed three of Thomas's closest
personal and ideological buddies to head the judicial branch of the US
government. Newly minted Atty. Gen. John Ashcroft made that point when he
rushed off to Thomas's chambers to be sworn in out of the public eye. Then
came the appointment of Larry Thompson, who had defended Thomas in his
stormy confirmation hearings, as deputy attorney general. Then the pièce
de résistance: Olson.
While newspaper editorials praised the Bush Administration for its
moderate style, the often mute Thomas emerged from the shadows to
celebrate the far right's triumph. At a conservative dinner soiree,
Thomas issued a militant call to arms decrying "an overemphasis on
civility." Indeed, instead of being civil to those with whom he
disagrees, we had the unseemly spectacle of a Supreme Court Justice
calling for ideological war: "The war in which we are engaged is
cultural, not civil." He chided moderates in his own party saying he was
"deeply concerned because too many [conservatives] show timidity today
precisely when courage is demanded."
Surely he wasn't referring to the President, who has given the GOP
right wing the prize it really wanted: control of the judiciary. Clearly,
the intention is to use the powers of the state to pursue the right's
social agenda while virtually dismantling the federal government as a
force for social justice.
The choice of Olson as solicitor general seals the right wing's
seizure of power. But it could not have happened without the denigration
of the Clinton Administration and its threat to marginalize the right by
moving politics back to the center. Key to the effort to destroy Clinton
was this same Olson, who will now represent the US government in cases
involving affirmative action, the environment and women's rights. Guess
what side of those issues Olson has represented in the past? Olson, a
member of the board of directors and legal counsel for the extreme right
American Spectator magazine, was a principal figure in smearing Clinton
even before the man was elected to his first term. The magazine used $2.4
million provided by far-right billionaire Richard Mellon Scaife to dig up
dirt on Clinton in what started as Troopergate and ended up propelling
the Paula Jones case to the status of an impeachable offense. It was this
same Olson, a close friend of Kenneth Starr, who coached Jones' attorneys
before their successful request to the Supreme Court to allow a civil
suit to be heard against a sitting President.
Olson is one of those family values conservatives who evidently
believes that only wealthy women like his lawyer-talk show pundit third
wife should work. He argued unsuccessfully before the Supreme Court
against a California law that protected the jobs of women who took four
months of unpaid disability leave for pregnancy, terming it "destructive
Olson had another major failure when in 1996 he argued against women
being admitted to the publicly financed all-male Virginia Military
Institute on the grounds that the school's character would be
fundamentally altered. To which Justice Stephen Breyer tartly replied,
One of Olson's unsavory victories came when he got a federal appeals
court to rule that the affirmative action program for admissions at the
University of Texas was unconstitutional. An opponent of environmental
protection, Olson has gone to court to get sections of the Endangered
Species Act declared unconstitutional.
Now Olson and the other friends of Thomas are in a position to weigh
in heavily on future nominations to the Court, and their own names will
surely head the list. These are lawyers who have devoted not only their
professional lives but their personal political activity to reshaping the
Court as an activist vehicle to turn back the clock on the rights of
women, minorities and working people as well as to leave the environment
open to corporate exploitation.
By selecting this triumvirate to head the Justice Department, Bush has
sent the strongest of signals as to his intent to use the Court to
advance the far right's agenda. So much for moderation.
By now most of us accept as almost inevitable the idea that education, meaning school reform and access to college, is at or near the top of the political agenda, both in the states and in the na
Just because the ed whiz-biz politicians and the education bureaucrats have announced the end of "social promotion" doesn't mean that it ever existed--not for the past thirty years, anyway.
This article originally appeared in the May 15, 1866, issue.
It may be my imagination, but this year Black History Month has seemed to present a more complicated range of memorials than in the recent past.
This article is adapted by permission from Database Nation: The Death of Privacy in the 21st Century (O'Reilly).
China Spying Story: All the Excuses Fit to Print
The words of the FBI inquisitor concerning his treatment of Wen Ho
Lee couldn't have been more chilling: "It seemed like the more times you
hit him upside the head, the more truth comes out; it's like a little
That totalitarian sentiment was cited uncritically by the New York
Times as the summation of the first part of a lengthy examination of the
two-year case, in which the newspaper's reporting played a driving role.
Both the government and the Times acted as if Wen Ho Lee was presumed
guilty of spying until proved innocent.
The "little kid" in question, is a 61-year-old PhD and a highly
regarded ex-Los Alamos scientist. A Taiwanese-born US citizen, Lee
never was charged with actually spying or passing secrets to any
government, but he was held for nine months under what the judge in the
case came to define as "extraordinarily onerous conditions of
Those conditions, dictated over the judge's objections by the Justice
Department under its power in such cases, included solitary confinement
in a constantly lit cell and full-chain shackles even during brief
moments of exercise or meetings with his attorneys. That barbaric
treatment ended only after nine months, when Reagan-appointed
conservative Chief US District Judge James A. Parker released Lee for
time served, severely rebuked the prosecutors for deceiving him with
their flimsy case and, in an unprecedented gesture, added "I sincerely
apologize to you, Dr. Lee, for the unfair manner you were held in custody
by the executive branch." Lee was exonerated of fifty-eight charges and pleaded
guilty to unlawful retention of classified documents.
As the New York Times now concedes, government prosecutors had only
the weakest case against Lee but hoped that the threat of life
imprisonment and the harsh jail conditions could be used to break the man
and obtain a confession to a crime of spying for China, of which there
was not a shred of solid evidence.
Although the government case "collapsed of its own light weight," as
the Times put it, employing curious physics, the newspaper has only
feebly touched on its own role in this case.
Particularly onerous was the newspaper's original hoary front-page
headline: "Breach at Los Alamos...China Stole Nuclear Secrets for
Bombs, U.S. Aides Say." The story went further: "Working with nuclear
secrets stolen from an American government laboratory, China has made a
leap in the development of nuclear weapons: the miniaturization of its
That was a reference to the W-88 warhead, but in the conclusion of its
recap, the Times concedes that many of the top scientists in the Energy
Department and the FBI since 1995 have "disagreed with the conclusion
that China, using stolen secrets, had built a weapon like the W-88." At
the same time, the newspaper conceded that there was nothing in the files
downloaded by Lee that would actually allow China to build such a weapon
and that "secrets" concerning its development are widely dispersed
throughout the defense industry.
The techniques for miniaturization are also well understood by former
scientists for the Soviet Union, who long ago developed such weapons and
whose talents are for sale on the world job market. Despite having
destroyed Lee's reputation with its uncritical ventilation of government
leaks, the Times seems bent on continuing the process. Its recent series
is larded with such references as: "According to a secret FBI report
recently obtained by the Times, Dr. Lee told agents . . . "
Isn't the government committing a more egregious violation of national
security by leaking information about secret computer codes--as it
apparently did to buttress its claims against Lee in the current New York
In the landmark 1971 Pentagon Papers case won by the New York Times
before the US Supreme Court, the Times asserted that it was merely
exercising rights guaranteed by the free press clause of the 1st
Amendment to print in toto a lengthy secret government study of US
actions in Vietnam. The same principle of fully sharing information with
the reader should apply to so-called secret documents obtained by the
Times in the Lee case so that we can make our own judgments.
But in its two years of reporting on the Wen Ho Lee case, the New York
Times has relied extensively on selected references to secret government
documents that smeared Lee, documents that Lee and the newspaper's
readers were not permitted to examine. Freedom of the press is presumably
for the benefit of the readers in general and of victims of government
abuse in particular. Yet the Times, as with many media outlets these
days, has perverted that freedom to justify its willful participation in
government manipulation of the news.
The New York Times has not yet come to grips with the enormity of its
betrayal of the principles of fairness that should govern a great
newspaper. What could be more basic to that obligation than the vigorous
protection of the right of any citizen, Taiwanese immigrants included, to
the presumption of innocence?
Research support for this article was provided by the Investigative Fund of The Nation Institute.
George W. Bush has a sweet appealing face until he reveals his dark
side, as when he, in one of his first official acts, cut off funds to
international population control groups.
The pundits said he was merely getting even with organizations like
Planned Parenthood, which have opposed John Ashcroft's nomination as
attorney general. But the stark consequences of that political vendetta
will be tens of thousands of women around the world who will not have
access to safe birth control and who will die in self-mutilating attempts
at abortion. These women find themselves in such dire straits because
they are, in many cases, the victims of forced sex, whether by husbands
or strangers, who have total power over them.
In his message to the throngs bused into the nation's capital last
week protesting on the 28th anniversary of the Supreme Court's ruling
that abortion is legal, Bush said, "We share a great goal--to work toward
a day when every child is welcomed in life and protected by law."
That sounds noble, but it begs the question: For how long is that
child welcome--an hour or a lifetime?
What if that child is an 8-year-old street beggar in Rio de Janeiro or
Bangkok? Will he still be welcome, and under what law will he be
protected from pimps, perverted tourists and local merchants who hire
gunmen to blow street urchins away? And what about the mothers of those
children? Will they, and their families, sink deeper into poverty because
of a birthing decision over which they had little or no control?
Assuredly, they and their progeny will not be welcome to immigrate to the
US to escape the economic collapse of their own part of the world. Nor
has Bush even suggested an increase in the pathetic $2 annually per
American allocated to foreign aid for the world's poor. Instead, he
proposes a $236 billion tax cut over the next decade for the wealthiest
2 percent of Americans, money that if spent on the world's poor would represent
a strong pro-life statement. In effect, he's cynically cheering on
spiraling and unsustainable populations abroad.
That's the reality faced daily by the folks at Planned Parenthood and
those other international population-control organizations that Bush--in
a sop to the right wing of his party--decided to cut off from US
funding last week. There isn't a reputable social service organization
that doesn't prefer contraception to abortion. Denying these groups
funding undermines their effort to educate about birth control, which
would help head off abortions and also curb population growth. Fully
one-third of the world's work force is effectively unemployed, and the
United Nations estimates that 500 million new jobs must be created just
to accommodate new arrivals in the job market over the next decade.
Developing economies do not stand a chance of meeting that demand without
aggressive population control.
Yet Bush has chosen to cut funding for the very organizations, most
notably Planned Parenthood, that work hardest to make birth control
information available throughout the world. These groups do not use a
penny of government money when they counsel women for whom birth control
has failed that abortion is an option. But Bush would deny funds to any
organization that offers abortion information in any of its privately
For all his praise of private charities, Bush does not trust one of
the nation's most venerable social service organizations to organize its
work so as to not compromise the law. This is an organization actively
supported by his grandfather, Prescott Bush, who lost his first campaign
for the US Senate because Democrats confused Catholic voters with
charges that Bush had contributed money to Planned Parenthood. When he
finally won the seat, Prescott Bush was a strong advocate for the
His son, George Herbert Walker Bush, as a young congressman was the
author of the Family Planning Act of 1970, which George W. is now
attempting to reverse. He should heed the words of his father back in
1973: "Success in the population field, under United Nations leadership,
may, in turn, determine whether we resolve successfully the other great
questions of peace, prosperity and individual rights that face the
Bush Sr. abandoned that sensible position to obtain the vice
presidential slot on Ronald Reagan's ticket. The Reagan Administration
first imposed the "gag" rule on family planning organizations, denying
them funds if they even mentioned abortion as a choice in their
educational work. That is the ban that Bill Clinton reversed and which
George W. has re-established.
Bush's purpose seems to be that of placating the far right while
punishing Planned Parenthood for having dared to suggest that John
Ashcroft, who equates abortion to murder, cannot be trusted to enforce
the law protecting a women's legal right to choose that medical
One suspects that if Prescott Bush had been given the choice of
trusting Planned Parenthood over Ashcroft to obey the law, his answer
would have been obvious.