"The death penalty's very serious business, Leo," Governor Bush condescendingly told a questioner in the third presidential debate. "There've been some tough cases come across my desk. Some of the hardest moments since I've been governor of the State of Texas is to deal with those cases.... But my job is to ask two questions, sir. Is the person guilty of the crime? And did the person have full access to the courts of law? And I can tell you, looking at you right now, in all cases those answers were affirmative."
On camera Leo Anderson, the questioner, didn't seem to buy the governor's oft-repeated assertion, and he certainly wouldn't have if he had been privy to a recently released confidential memorandum on one of the toughest of those cases.
The memo went from Bush's then-general counsel, Alberto Gonzales, to Bush at 10:30 on the morning of April 3, 1997, only hours before David Wayne Spence was to be executed. Although the document was his first detailed look at the case and although the governor was Spence's only hope for a reprieve--the courts and Board of Pardons and Paroles having turned him down--this "very serious business" took Bush, according to his schedule for the day, all of half an hour at most.
I obtained the memo through the Public Information Act, Texas's FOIA. Not surprisingly, the Bush administration vigorously resisted its release. The document that went fleetingly across the governor's desk that morning is seven single-spaced pages, and although it works overtime to be unequivocal, it can't disguise or resolve the "tough questions" concerning Spence's guilt. The memo's author, Stuart Bowen, the deputy counsel charged with investigating the case, uses distortion, omissions, outright lies and an inappropriate adversarial bent to reach what must have been a preordained conclusion to deny a reprieve.
Writing several months after the execution and using the same information Bowen used, Bob Herbert in the New York Times concluded that Spence was "almost certainly innocent" and the case against him a "travesty." Many others, including Alan Berlow in Salon and a team of Chicago Tribune reporters, have agreed. But Bowen had been in the execution business with Bush long enough to know that the governor, preparing for a re-election campaign and in the starting blocks for a run for the presidency, would never go for a reprieve in the Spence case. And certainly not on the day of the execution, with families of the teenage victims of the crime for which Spence was about to die--a triple murder at a lake near Waco in 1982--in a motel in Huntsville ready to scream their heads off if the execution didn't go through. So Bowen did the following in the memorandum:
§ He opened by reciting the "facts" of the case as if he were a prosecutor giving a closing statement to a jury, brushing over developments favorable to Spence's claim that had surfaced in the fifteen years since the crime.
§ He bought the state's illogical theory of the case, that Spence was hired to kill a girl and mistook one of the teens for that girl (even though Spence knew the girl well and, according to testimony, hung out with the teens for hours before the killings), and ameliorates the illogic by dropping a crucial detail (he doesn't mention the testimony about hanging out for hours).
§ He put all the problems with the case under the heading "Publicity." This invidious rubric was intended in part to deprecate a Waco businessman, a conservative Republican, who had tried to get the execution stopped; he came to Bowen a week before the execution and laid out a detailed case for Spence's innocence.
§ He lied. For instance, he said the prosecutor turned over all the evidence in his possession to the defense, although the prosecutor explicitly told him he hadn't. He says the first lead detective on the case, Ramon Salinas, who sat in Bowen's office and told him without qualification that he believed Spence to be innocent, was fired for "incompetence," which is not true.
§ He relegated Spence's claim that he was railroaded by an unscrupulous sheriff's deputy and DA to three sentences in the conclusion, ignored voluminous testimony documenting this frame-up and swept away the allegations as "tertiary issues."
§ He rubber-stamped the courts' judgments (saying in a letter to me that those rulings are "the bottom line"), in effect negating the clemency procedure.
"Yet making decisions is what governors and chief executives do," the governor has written about that clemency procedure. "I try to do so thoroughly, thoughtfully, and fairly. I have assembled a top-quality staff that gets me accurate information and comprehensive briefings. I base my decisions on principles that do not change." Thoroughly? In thirty minutes? As to his top-quality staff and their accurate information, the memo supports the former (they are adept at distortion, etc.) and puts the lie to the latter. And principles? Let's just say they are very different from those of his honorary Illinois campaign chairman, Governor George Ryan, who has halted all executions in his state because he believes the execution of an innocent is truly a nightmare.
With its dissembling and obfuscation, the memorandum makes clear that when he denied Spence a reprieve, George W. Bush and his aides didn't know whether the man was guilty or innocent. A year after Spence's execution, Bush granted clemency to Henry Lee Lucas, the alleged serial killer, because, he says in his book, A Charge to Keep, he didn't know whether Lucas was guilty. But the politics of the Lucas case were different from those of the Spence case, and politics, Leo--unlike the life of David Spence--is very serious business indeed.
Gore says he prays when crises loom.
He asks just what would Jesus do.
And then he does that very thing
(If focus groups would do it too).
So whose side's Jesus on, folks? Whose side's Jesus on?
Who's got the Savior's brawn, folks? Yes, whose side's Jesus on?
And Bush says faith-based treatment's best
For those adrift or drug-addicted.
Salvation's just for Christians, though.
No Jews. Yes, heaven's still restricted.
So whose side's Jesus on, folks? Yes, whose side's Jesus on?
Who's got the Savior's brawn, folks? Yes, whose side's Jesus on?
The other side, warns either side,
Would of the Savior's blessings rob us.
And Lieberman? Well, he can say
That Jesus wouldn't work on Shabbes.
So whose side's Jesus on, folks? Yes, whose side's Jesus on?
The battle lines are drawn, folks. Yes, whose side's Jesus on?
The high point of liberal faith that the color line might be permanently breached may have been the 1963 March on Washington for Jobs and Freedom. From a participant's perspective it is difficult to forget the sea of 200,000 black and white demonstrators behind the figures of Martin Luther King Jr., Walter Reuther, A. Philip Randolph and other prominent civil rights leaders, arms confidently linked, marching toward an egalitarian future. In the wake of Southern freedom rides and lunch-counter sit-ins to break the racial barriers to public accommodations (while early Northern urban insurgencies began protesting economic oppression), in quick succession Congress passed the Civil Rights and Voting Rights acts. By 1965 many were convinced that the long-deferred dream of equality and justice was at hand. But as it turned out, the movement was not equal to its dream. The decade that began with Brown v. Board of Education, the Supreme Court decision against school segregation, and ended with Congressional enactment of legislation that seemed to fulfill the betrayed promise of the Civil War and Reconstruction turned out to be the last great outpouring of racial unity in the twentieth century. The reassertion of the racial divide became the story of the next thirty-five years. Even as antipoverty programs, affirmative action and war-fueled prosperity helped expand the black middle class, housing and school segregation worsened, and, because of the deindustrialization of most major cities, black and Latino unemployment became intractable. In the wake of the misery of many black ghettos we have seen the return of racial thinking, especially eugenics, that hated doctrine developed at the apex of the British Empire by Darwin's cousin Francis Galton, among others. Far from earlier belief--shared by scientists, human rights advocates and many political leaders--that there is only one human species, race has made a roaring comeback on the left as much as the right. Moreover, on both sides of the ideological divide science has been mobilized to reassert the legitimacy of race as a "natural" division within the species, not only in the United States but also in other advanced industrial societies.
Paul Gilroy, whose Black Atlantic broke through the nation-specific context of race politics, has written a powerful, albeit minoritarian defense of the position that racial thinking--not just racism--is a key obstacle to human freedom (an aspiration, he sadly notes, that has virtually disappeared from political discourse). In his analysis of the origins and uses of racial thinking Gilroy spares from his critique neither black pride nor black separatism, let alone racism's most virulent forms, fascism and colonialism. He argues, provocatively, for an alternative to antihumanist identity politics that would veer toward defining community as a geographical as much as a racial concept, what he calls "planetary humanism." He also propounds an unabashed cosmopolitanism to replace nationalism as a solution to racial oppression. The result is that he has offered one of the most impressive refutations of race as an anthropological concept since the publication of Ashley Montagu's Man's Most Dangerous Myth: The Fallacy of Race more than fifty years ago. But where the older work rode the crest of a wave of early postwar antiracial thinking propelled by the general recognition that the crimes of Hitlerism were a consequence of racial populism, Gilroy's attempted revival comes at a time when identity politics, with its ideology of separatism, seems to have displaced forms of universal humanism. Communitarianism, which holds that people have the right to circle the wagons around their territory and impose their group's values on strangers, has reached all corners of political discourse, including the White House. In these times the frequently invoked slogans of human rights enjoy only strategic currency.
Gilroy traces racial thinking to three major sources: First, "raciology," discredited in its blatant, authoritarian manifestation, lives on in the guise of pseudoscientific claims that the black body has biologically rooted attributes of superior strength, beauty and endurance; second, the various movements to counter oppression by affirming racial solidarity on the basis of a separate black identity; and third, colonialism and slavery's systematic deracination of the black self and its consequent denial that blacks should be considered part of universal humanity, which has occasionally but spectacularly given rise to genocidal activities in the name of racial purity.
According to Gilroy, the persistence of raciology is partly attributable to the growing cultural importance of visual thinking, which increasingly influences our conceptions of truth. The dominance of image over writing has had a profound influence over what we take as reliable knowledge. Photography, film and television have altered how we understand the world. Despite overwhelming scientific theory and practice maintaining that there are no fundamental biological differences, physically or intellectually, within the human species, Gilroy contends, the manipulated images of advertising and other artifacts of consumer society apparently belie these judgments. Citing Spike Lee's alliance with a leading advertising agency, DDB Needham, to promote a bland version of multicultural blackness as an example of how raciology has walked through the back door of commercialized black identity, Gilroy accuses some leading black cultural figures of complicity with a crass version of market capitalism to advance their own interests.
Gilroy begins by marshaling evidence, culled from the scientific and technological revolutions of molecular biology and computer science, to support his contention that the concept of essential racial difference has lost its scientific basis even as attempts are made, by means of pseudobiological arguments, to support the view that humanity is divided by inherent, natural differences. "There is no raw, untrained perception dwelling in the body," nor, he believes, is there an inherent black physical superiority. Citing advances in medical imaging that reveal the body on a "nanoscale," he argues that the human body is increasingly understood by science as code and information and, echoing Frantz Fanon, one of his major interlocutors, should not be "epidermalized." In other words, we are not defined by skin color or intrinsic biological traits but by the "patterned interaction" between human organisms and the ecosystem within which we live and develop.
Against Race reserves some of its harshest gibes for identity politics and its companion, "multicultural blackness." Gilroy's criticism ranges from the fairly well-traveled issue of how consumerism shapes identity to how identity may lead to genocide. One of his milder illustrations is that in a society in which the marketplace assumes pride of place, the "car you drive, the clothes you wear" and other items of consumption define who we are. We are identical with our visible signs. But this is only a preliminary consideration to the far more frightening geopolitical tendency to link identity to warring constituencies who sometimes try to exterminate one another, such as Tutsis and Hutus in Rwanda. To underline the horror of the conflation of physical appearance and national identity, Gilroy gives an example of the large-scale killing of Tutsis because their identity card marked them, "or they did not have their card with them...and were therefore unable to prove they were not a Tutsi." Some were killed because soldiers believed "they were too tall" to be Hutu. In calling this an example of the history of "unspeakable barbarity," Gilroy remarks on "how the notion of fixed identity operates easily on both sides of the chasm that usually divides scholarly writing from the disorderly world of political conflicts." He notes that scholarship is often unable to go beyond what it perceives as primal difference, just as political actors seem incapable of seeing the Other as anything but evil.
Contrasting the music of Bob Marley, whom he takes, virtually without reservation, as an authentic black voice for universal human freedom, with hip-hop, especially in its recent incarnations, as a misogynous, cynical and exploitative product of Tin Pan Alley, Gilroy enters the vociferous debate about black popular culture. He chides critics who perpetuate the myth derived from hip-hop's earlier character as a local and rebellious musical expression and who insist that, in the face of massive evidence to the contrary, hip-hop is "marginal" and oppositional to mainstream culture. For Gilroy the leading figures of the genre, Tupac Shakur, Biggie Smalls and others, rode to their popularity on some of the more regressive masculinist sentiments even as they retain rebellious images in the guise of glorifying the figure of the gangsta. These views are not likely to endear Gilroy to those who find hope in the fragments of social critique that remain in the music. I believe he overstates the case. For all of its commercial uses, "avant-garde" hip-hop remains quite subversive to the dominant theme of the American Celebration.
This leads to perhaps the most controversial sections of the book: Gilroy's attempt to demonstrate the link between the fascist politics of racial identity and black nationalism, especially the views of Marcus Garvey, who in the 1920s and early 1930s organized and led a mass Back to Africa movement that attracted hundreds of thousands of followers.
Reflecting recent scholarship, Gilroy denies that fascism was a singular, exceptional event limited to the time of Hitler and Mussolini. Instead, he connects its appearance in the interwar period--and persistence after the defeats of the German and Italian armies and the collapse of their governments--to the history of colonialism and to the contradictions between the universalistic, humanistic claims of Enlightenment culture and the militarism that marked its sordid record of conquest.
Invoking the bloody history of Western imperialism's subordination of colonial peoples in the name of civilizing the "barbarians," Gilroy makes the explicit connection to Hitler, whose rise to power was not merely a reflection of German resentment at its humiliation by the Allies and the legacy of colonialism. Germany's drive for European and African conquest was based on Hitler's doctrine of racial purity and superiority. More than a dictator, he was an impressive ideologue whose ideas attracted substantial support among Germans and have had enduring influence in the emergence of contemporary ultrarightist movements, some of which, like those in France and Italy, have won considerable popular following. The core of fascism is biological essentialism manifested in the marriage of racial identity with nationalism, ideas that won the admiration of Garvey and some other black nationalists. Moreover, like many nationalisms, Garvey's was anti-Semitic, and Gilroy shows that he admired Hitler.
Not that Gilroy equates black separatism with fascism. But he places considerable weight on the deracination of the Jews by fascism as the major modern form of racism and as a precursor to the calumnies that followed their extermination. His point is that the Holocaust and the Rwanda tragedy--indeed, all genocidal acts grounded in racial purity and racial separatism--contain the potential for unspeakable barbarity because they entail the denial of the Other's claim to humanity. Once the Other has been endowed with essential qualities that may be coded as subhuman--or evil--there may be no question of observing its fundamental rights. Thus, for Gilroy, black anti-Semitism is not only wrong, it is self-defeating.
In promulgating his viewpoint Gilroy relies on the authority of three thinkers who, as it turned out, vainly fought for the notion of human liberation: Frantz Fanon, the West Indian psychoanalyst who decried all attempts to link humans to their skin color and never tired of reminding the metropolis of its obligation to live up to the promise of the Enlightenment; Martin Luther King Jr., who, despite the violence and humiliation suffered by American blacks, insisted that the task of the civil rights movement was to secure entrance into American society but who also recognized toward the end of his life that rights are not enough and integration into an unjust society is not desirable. King became the principal tribune of the indivisibility of freedom and, in its pursuit, lost his life while participating in one of the monumental struggles of the Southern labor movement. The last thinker, Richard Wright, is Gilroy's model of a cosmopolitan intellectual who removed himself to France rather than bear witness to the disintegration of the promise of freedom in his own country. Wright is the exemplar of the intellectual exile, yet he remained rooted to the problems and pain of blacks in his native land. Disdaining what he called "tribalism," Wright used his celebrity to make a spirited case that the newly independent African states should embark, despite all, on the road to modernity.
Gilroy's reach is dazzling, his analysis acute and insightful, but in the end he recognizes that, lacking a political constituency for his planetary humanism, his ideas remain not a program but a utopian hope. Significantly, in the last chapter he invokes Theodor Adorno, who, in his years in California, made shrewd but ungenerous commentary on various aspects of US popular culture. Gilroy's sharp criticisms of black elites--especially the middle class, who, even as they distance themselves from the black working class have embraced a mixture of black separatism and assimilation into the dominant market culture--do not lead him to consider global class politics as a practical way to achieve the cosmopolitan movement he would create, any more than Adorno could see beyond the "the totally administered society" he abhorred. At the end of the day, Against Race remains the brilliant jeremiad of an out-of-step intellectual whose main weapon is criticism. There are few who do it better.
You may find reading Akhil Sharma's debut novel akin to having your head held underwater. Attendant with feelings of a relentless, choking panic, though, will be an almost preternatural awareness of the details suffusing the experience.
In Sharma's An Obedient Father, a stunning work that is both personal and political, you hear a man say, "Misery often makes me want to look away from the present and leads me to nostalgia." The misery of the present is born out of the political trials of India in the early eighties. The escape that the narrator wishes for is driven by yearning for a rural past: "As I swallowed my heart medicine in the blue dark of the common room, I imagined walking through Beri's sugarcane fields and sitting beneath a mango tree. I wanted to be a child again, with the future a wide, still river in the afternoon." What makes this nostalgia for an unsullied past both poignant and problematic is that it is the desire of a man who cannot escape the memory of the newspapers soaking up the blood beneath his daughter's thighs each night after he has raped her.
The protagonist, Ram Karan, is a corrupt official in the Education Department in Delhi. He is a widower living with his newly widowed daughter, Anita, and his young granddaughter. Anita is the child he raped repeatedly twenty years earlier. Most of the book is in Karan's voice.
The experience of an intimacy so often violent, of being a witness to what is routinely hidden but is here plainly visible, is a result of the quality of the narrator's voice. Lucid and perverse, like the solipsistic narrator of Nabokov's Lolita, the confessions of Sharma's antihero are sharp, even empathetic, and loathsome. (Recall Nabokov's H.H.: "I had possessed her--and she never knew it. All right. But would it not tell sometime later? Had I not tampered with her fate by involving her image in my voluptas? Oh, it was, and remains, a source of great and terrible wonder.")
The social backdrop of the novel is also enriched by the tussle for the Delhi seat between a dying Congress Party and an emergent, right-wing Bharatiya Janata Party. Karan is the money man, the bribe-collector, for one of the candidates in the parliamentary election. The petty political intrigues and their murderous fallouts provide a distraction from the less public drama that is played out inside the three-member Karan home.
It is to Sharma's great credit as a novelist that I was as often horrified by Karan's abuses and compulsive degradations as I was held captive by his pellucid dissection of shame that exposes a geography of self-delusion and national wrongdoing. There can be no doubt that Ram Karan is evil, but because he almost always is given voice, he also remains in some measure human.
This is the book's most disturbing feature but also its most powerful triumph. As a result, An Obedient Father poses a serious challenge to a reviewer who is tempted to take refuge in the easiest, moralizing dismissal of this unusual novel. There is reason to be dismayed by its brutality, and not everyone can savor its black humor; but it cannot be denied that the maddening narrative voice is as darkly hypnotic as those found in the pages of Dostoyevsky.
Sharma also pulls off the trick of showing that a collective political degradation is intertwined seamlessly with personal turpitude. Indira Gandhi's dictatorial "emergency," imposed twenty-five years ago, suspended civil rights and gave a free hand to an inner circle of politicos in Delhi. The emergency didn't tamper only with democratic institutions; its depredations made more base our responses to those weaker than we are. Sharma's novel bears the scars of that trauma and its aftermath on Karan, but also on his daughter: "Money would make everything negotiable.... The more years Indira Gandhi spent in office, the more my income grew, for more and more things fell under the government's aegis and we civil servants were the gatekeepers. I bought a toaster, a blender, a refrigerator, and a television. Anita went through higher secondary and into college. She grew up shy and easily panicked, but there was nothing that marked her as damaged."
If Kafka's K. located power in the distant castle, Sharma shows us mercilessly that such castles are our homes, so to speak, in our bedrooms. In fact, when you overhear Ram Karan's confessions about his political sins to his daughter each evening after the English news, you also realize that the political is a deflection from the interrogation of the personal. Karan understands this well: "I thought that providing her with something to rage about openly would be a way to keep us from the topic of what I had done to her."
Incest has enjoyed a popular run in Indian fiction recently. An Obedient Father is perhaps the novel that, some might say, Arundhati Roy had wanted to write when she wrote The God of Small Things. It is certainly the novel that Raj Kamal Jha came close to writing when in The Blue Bedspread he plumbed the dark ambiguities of abuse and incest. Sharma's novel is part of a brilliant coming of age in Indian fiction.
The dust jacket of the book informs us that its author is an investment banker who lives in Manhattan. He was born in India but grew up in Edison, New Jersey, studied at Princeton and later Stanford. He has won two O. Henry awards for his short fiction and worked as a scriptwriter for Steven Spielberg.What is most remarkable about this profile is not the youth (he's 29) or even the impressive array of accomplishments; rather, it is the fact that a writer who has lived most of his life outside India is able to write about life in Delhi with such sensitivity and flair. The brothels of Delhi's GB Road, the roads and shops of Kamla Nagar, the alleys of Old Delhi, in the changing light and temperature of the seasons, all come alive in this book's pages. Even the evocation of Karan's childhood in a village before India's independence is exact and intriguing:
I remembered that when my mother and I waited by the side of the road for a bus, I would tell my mother to move back, not because I was worried about her safety, but because this was one of the few ways I had to show my love.... Violence was common. Grown men used to rub kerosene on a bitch's nipples and watch it bite itself to death.
Does this sharpness of outline in the book, its confidence in its own voice and descriptions, put an end to the debate about the authenticity of Indian expatriate writers? An Obedient Father demonstrates that magical realism à la Salman Rushdie is not the indispensable tool of the Indian writer living abroad and, second, that unmagical realism à la Rohinton Mistry is insignificant if it does not scratch away at wounds that are covered over by the scabs of silence.
Unlike Rushdie and Mistry, both of whom have written about Indira Gandhi's emergency, Sharma produces nothing that could have been culled from the pages of a newspaper. Neither magical nor dull, his writing transgresses the borders of earlier, celebrated fictions, and he makes connections that are both vivid and dislocating: "Every night I had dreams of humiliation, of people catching me with Anita. When I saw a rooster picking at a pile of dung, I wondered what he was eating. Around this time I also began imagining sucking the penises of powerful men."
We learn early about Karan's death, but there is little consolation in this. The ironies of the victimizer becoming a victim, at the novel's end, are plainly discernible. Yet such ironies are overshadowed by the more gloomy evidence of damaged lives and their unsettled grief. And after Karan's death, I missed his eye for detail. I could not let go of the thought that of all the people in the room when Anita informs her extended family of what happened in her past, Karan is the only one who notices that everyone, in their desire to help, had ignored Anita's own desires. (Nabokov's H.H. was similarly cognizant of deeper absences: "I stood listening to that musical vibration from my lofty slope, to those flashes of separate cries with a kind of demure murmur for background, and then I knew that the hopelessly poignant thing was not Lolita's absence from my side, but the absence of her voice from that concord.")
I tried to think again about one of Karan's earlier statements: "All the things that might mark me as unusual and explain what I did to Anita were present in other people." Did I not see the signs in my own life?
I was returning to college one summer from my hometown in Bihar, India. The train stopped at Aligarh. We were running late and it was hot outside. I looked up from my reading when an old man appeared and began to claim in a loud voice that he was Jawaharlal Nehru. The train began to move. There were many new passengers, daily commuters with their bags and their loads of merchandise. Some of them began joking with the old man. The Aligarh passengers, all men, settled down to a game of cards. They asked the old man a question or two and then teased him. Like many others in the compartment, I was amused by this teasing.
The old man, sensing that he was being mocked, shouted louder; one of the men slapped him from the upper berth and told him to be quiet. The old man was wearing a white cotton cap, as Nehru did in photographs. The cap had been knocked down. The old man picked it up and turned on the others with filthy abuses.
This was all the provocation the men needed. All down the narrow pathway between the berths, violent blows rained on the old man, who swore and spat viciously. His head began to bleed. One man gave his rubber slipper to the old man and asked him to use it to sweep the floor. "Do that, Jawaharlal," he said. When the old man tried to use the slipper to hit back, the man pulled his dhoti, leaving the old man naked from the waist down.
My fellow passengers, many of whom had been sitting till then, crowded around the old man and tore off his shirt. They kicked his genitals. Someone on a nearby berth asked that this be stopped, but this appeal had no effect.
There was a stink coming from the corner in which the old man had been pushed. As I said, it was very hot outside, and it was hot in the compartment too. I did not want to move. I thought of the old man when I got to my hostel and was preparing to sleep, but I don't think I've thought of him for any length of time ever again till I was reading An Obedient Father. That memory of derangement and violence was evoked by the book, no doubt, but also evoked was the claustrophobia of our closed lives, our bitterness and the collective nakedness ringing with abuse.
The number-one healthcare issue facing the country is not which prescription drug plan is best for seniors or whether a handful of patients will be able to sue their HMOs. It is the 44 million people, or nearly 20 percent of the population under age 65, who have no health insurance and, for many, no healthcare at all. The myth that emergency rooms provide all the care the uninsured require continues unchallenged. But the emergency room is not the place to get primary care, follow-up care or care for chronic conditions, which most people need. Federal law requires emergency rooms to stabilize patients. After that, they are sent on their way, especially if they have no money to pay for further treatment. When they are given prescriptions, 30 percent of the uninsured don't fill them because of the cost.
Rationing specialty care for the uninsured is common. In Washington, DC, the uninsured wait four months for an MRI and two months for a CT scan. In California, some counties have money to screen women for breast cancer but no money for treatment. During the four to seven years following an initial diagnosis of breast cancer, one national study shows, uninsured women are 49 percent more likely to die than women with insurance. Community clinics that treat the uninsured rarely have specialists on their staffs and resort to begging area physicians to help out--not always with success.
The Bush and Gore solutions do little to help the uninsured and a lot to keep the healthcare system safe for insurance companies, the AMA, employers and the pharmaceutical industry, all of which have shoveled money into their campaigns. Bush proposes an annual refundable tax credit (that is, one that's given even if a person owes no taxes) of up to $1,000 for individuals and $2,000 for families. His campaign literature makes tax credits sound ideal: "If a family earning $30,000 purchases a health insurance plan costing $2,222, the government will contribute $2,000 (90 percent)." Trouble is, most families can't buy insurance for $2,222. The average premium for a family policy is $6,740 and for an individual, $2,542. Gore calls for a credit equal to 25 percent of the premium. Using the average premium as a benchmark, that's about $1,700 for family coverage; a family wanting a policy would still have to cough up more than $5,000.
Tax credits, moreover, leave intact the ability of insurance companies to select good risks and exclude sick people who will cost them money. That, of course, is what the industry wants to protect--and is part of the payoff for its campaign largesse.
Both Bush and Gore would also fiddle with the Children's Health Insurance Program (CHIP) to boost coverage. CHIP has brought health insurance to some 2.5 million kids, but 10 million still have none. Bush's solution: Give the states more flexibility in administering the program. But many states have not even spent federal dollars already earmarked for them, and could be tempted into using the money for something other than insurance. Gore's solution: Stretch the eligibility rules to include children whose families have incomes up to 250 percent of the federal poverty level, or $41,000 for a family of four. But what if a family's income is above 250 percent, say $43,000? Gore's answer: tax credits.
Then there are medical savings accounts, which Bush likes and Gore doesn't. Congress now allows self-employed people and employees in small companies to buy MSAs, which are a combination high-deductible insurance policy and tax-deferred savings account. But at the end of 1999, only 45,000 policies of the 750,000 Congress authorized had been sold. Still, Bush wants to let more people buy them, a move that will spark interest mainly among the healthy, who won't need the savings account to pay for care, and the wealthy, who can assume the costs not covered by the large deductible and who will simply get another tax break.
The major battleground in healthcare, though, is over a prescription drug benefit for Medicare beneficiaries, with pharmaceutical companies replacing HMOs as this year's healthcare villains. Under Bush's scheme, the very poorest seniors would get help paying for the entire cost of a drug benefit. Individuals with incomes greater than $14,600 and couples with incomes up to $19,700 would get a partial subsidy. Bush would pump $48 million into the state pharmaceutical assistance programs to give free drugs to those with the lowest incomes. But more than half the states have no programs, and those that do lace them with restrictions.
Under Gore's plan, Medicare would cover 50 percent of the cost of prescriptions, first up to $2,000 and later up to $5,000, for seniors willing to pay a premium that would start at $25 a month. As with Bush's plan, seniors with very low incomes would get help. Both candidates offer help for those with catastrophic expenses: Gore's benefit would kick in after seniors have spent $4,000 on drugs, Bush's after they've spent $6,000 for all services. Neither, however, includes a way to control pharmaceutical prices. Controls of any sort are anathema to the drug companies.
The fight over whose plan provides the bigger benefit obscures the real fundamental Medicare issue, and that is the future structure of the program itself. Under the guise of "consumer choice," Bush wants to transform Medicare from a social insurance program with a defined benefit available to everyone into a voucher plan under which seniors would be given a fixed amount to buy whatever insurance they could afford. Even if a voucher were sufficient to pay for a policy today, there is no assurance that it would do so in the future. In effect, the Bush proposal could make seniors, rather than government, bear the cost of healthcare inflation. Gore speaks of putting Medicare in a lockbox, which presumably means he wants to maintain it as a social insurance program.
Unresolved in the candidates' discussions is the larger question: Is healthcare a right in America or a commodity available only to those who can pay? On this the public may be way ahead of its leaders. When the Kaiser Family Foundation asked people earlier this year if healthcare, like public education, should be provided equally to everyone, 84 percent said yes. The candidates, however, are listening to the special interests, whose money speaks louder than the people.
I keep reading that the election turns on women's votes. Yet apart from the issue of abortion, women seem curiously invisible this election season--except of course for the endlessly focus-grouped, interviewed and psychoanalyzed women of Ohio and other toss-up states, who can't decide whether to vote for Gore because he kissed his wife or for Bush because they like his mother. Are these ninnies really representative, or is their prominence more a symptom of the emptiness of political reporting, which has cast the race as a personality contest between a Fibber and a Dope? What, for example, do women tell pollsters is their most important issue? Hint: It's not whether Al Gore or George W. would be more fun on a date or make a better babysitter. It's pay equity.
Yes, women are apparently unpersuaded that they earn 71 cents on the male dollar because, as the Independent Women's Forum insists, they choose low-paid jobs in order to have lots of time and energy for childcare and housecleaning. Yet when Bernard Shaw asked Dick Cheney and Joe Lieberman about pay equity in their Veep debate, the two men quickly turned to the marvels of their respective tax proposals. Shaw let them--what's pay equity to him? Even issues that are on the table are discussed as if they have no gendered aspects--affirmative action, for instance, or proposals to privatize all or part of Social Security, which will affect women much more than men: Not only do women on average live longer, they make up the large majority of retirees and dependents who survive on Social Security alone. Violence against women has gone unmentioned--as opposed to media violence and smut, a major theme and supposed woman-pleaser--ditto insurance coverage for contraception (Viagra's already covered, but you knew that), high-quality daycare, the near-impossibility of collecting court-ordered child support from an ex-husband who doesn't want to pay it (there's a middle-class issue for you) and dozens of other problems facing real-life women. There are a number of women running for national office, but you don't hear much about them. From the media point of view, the continuing scandal of women's underrepresentation in government is as musty as the ERA. Women had their year back in 1992.
There's only one woman on the political scene who seems to evoke any kind of passion--and that's Hillary Clinton, or "Hillary." But most of the passion is negative: She's like a Rorschach test of feminine evil. Through direct mail aimed at Hillary-haters across the land, the Conservative Leadership Political Action Committee has raised almost $2 million for her Republican opponent, Rick Lazio, a hyperaggressive nobody whose wife boasts that she cleans her own house--I suppose that's the contemporary equivalent of Pat Nixon's good Republican cloth coat. The First Lady, a supporter of the death penalty, welfare reform and interventionist foreign policy, is depicted as an "angry woman who is abusive to White House staff and obsessed with imposing her radical left vision on the rest of America." How hated is Hillary? Eighteen percent of Democratic primary voters pulled the lever for her totally obscure challenger, a doctor who subsequently revealed himself to be a Lazio supporter. Maureen Dowd has completely lost herself in an ecstasy of psychological projection--her Hillary is like Joan Crawford in an old weepie: While the Gores and Liebermans bill and coo, she rattles around in her empty new house, loveless and lonely, and excluded from society as "Manhattan's dread extra woman." On the Drudge Report, Juanita Broaddrick accused Hillary of threatening her at a political function two weeks after her alleged rape: The threat was conveyed by thanking Broaddrick effusively--too effusively--for her support.
Disapproval of Hillary for sticking with her marriage cuts across party lines--Jimmy Breslin and George Will together at last with all those suburban harpies happy to knife a woman who steps out of the box. But her devotion to Bill has brought her an odd defender, Linda Waite, author with right-wing columnist Maggie Gallagher of a book-length soundbite called The Case for Marriage. In a New York Times Op-Ed, Waite castigates conservatives like Will for taking opportunistic potshots at Hillary's decision to stay married: After all, Hillary is honoring the institution of marriage and making the choice conservatives--although presumably not Will, who is divorced--think people should make when faced with marital trouble. "Staying in an imperfect marriage is a perfectly reasonable choice for many women," writes Waite, not to mention good for society. Interestingly, Waite seems to have forgotten her own potshot at Hillary: In their book, Waite and Gallagher torment a remark of Mrs. Clinton's that seems clearly aimed at gossips and Nosy Parkers ("I learned a long time ago that the only two people who count in any marriage are the two that are in it") to portray her as a standard-bearer for the idea that marriage is a private contract with no social significance. In fact, as they should know, Mrs. Clinton is quite a conservative on marital matters; she supported the Republican-authored Personal Responsibility Act, which begins by stating that "marriage is the foundation of a successful society"; in It Takes a Village, she wrote favorably of making divorce harder to get.
If you want to see a woman politician boldly standing up for the right to privacy--or anything else--you have to go to the movies. In The Contender, a swell political thriller, Joan Allen plays Laine Hanson, a Republican-turned-Democrat senator who is nominated to fill out a dead Vice President's term and finds herself under withering attack for supposedly participating in a fraternity sexfest as a college freshman. The movie, which is dedicated to "our daughters," is one long prayer for the abolition of the double standard--which it then, in typical Hollywood fashion, endorses. Laine is so pure and idealistic that she survives only because Jeff Bridges, as the wily Clintonesque President, stoops to tactics that would never even occur to her. In other words, in order to be in politics, a woman has to be too good for politics.
While the differences between George W. Bush and Al Gore may still be coming into focus for many Americans in the final weeks before the election, one is already stark. On tobacco, the leading cause of preventable death in America, Bush would return the nation to the failed laissez-faire attitudes of the past. A Gore administration could be expected to continue the course charted by President Clinton, the first truly anti-tobacco President.
Indeed, a Bush administration would solve so many of tobacco's problems that the Texan is virtually one-stop shopping for an industry that has drenched his campaign with cash. For one thing, he'd change the civil justice system. Clinton vetoed tort reform bills, but Bush has made such "reform" a keystone of his proposed social policy and points with pride to his record in Texas--in 1995 he placed draconian restrictions on the right to sue. Bush would help mitigate the fallout from the recent $145 billion verdict in the Engle lawsuit--the Miami class action on behalf of thousands of Floridians sickened by cigarettes--by signing a bill pending in Congress that would send all class actions to federal court. There, Engle would be decertified, downgraded into a handful of individual lawsuits, long before trial by a federal system hostile to tobacco class actions.
As to regulating cigarettes, Bush would likely work with a Republican Congress to enact a "compromise" regulation law, limiting some forms of tobacco marketing and granting toothless federal oversight in return for liability limits and giving tobacco a seat at the table of any regulatory process. Bill Clinton was the first President to make the regulation of tobacco one of his signature policy initiatives. Although the Supreme Court ultimately shot down Food and Drug Administration oversight of cigarettes, Clinton used the bully pulpit of the presidency to put tobacco on the national agenda in a way it had never been before, fulminating against the industry for peddling nicotine to children.
Bush's record indicates he would pay lip service to keeping kids off cigarettes but would put much more energy into vilifying plaintiffs' lawyers for getting rich from lawsuits that attack the industry for targeting children. Bush has pledged to kill off a multibillion-dollar RICO action by the Justice Department that charges that the cigarette companies concealed their product's deadliness, and he would likely rescind or stymie numerous Clinton executive orders, nascent regulations and programs dealing with everything from secondhand smoke to funding research on Big Tobacco's internal documents.
Finally, Bush would be likely to back incursions by domestic cigarette makers into foreign markets. He would be much less disposed to sign on to a proposed World Health Organization treaty on tobacco and health and very prone to weaken it, to the benefit of a global tobacco industry now menacing Asia, and to the detriment of millions of potential new smokers who will become victims of cigarette-related disease.
Marvin Kalb, executive director of the Washington office of Harvard's Shorenstein Center on the Press, Politics, and Public Policy, diagnoses an anti-Israel tilt in the US media, in which "the Israelis have come through a miraculous alchemical formula to become the giants and everyone else is the David.'' What planet is this man living on?
Just look at the numbers. Nearly 100 Palestinians have been killed and more than 2,500 injured, compared with just five Israeli Jews. The Palestinians attack with stones, Molotov cocktails and the extremely rare automatic weapon. Unlike nations that quell riots by their own people with tear gas and rubber bullets, the Israelis respond with live ammunition: antitank rockets, helicopter gunships and armor-piercing missiles. Armed Jewish vigilantes have undertaken murderous rampages against unarmed Arab citizens, shooting them in cold blood. The UN Security Council condemns Israel's "excessive use of force."
Yet aside from the Palestinians invited to speak explicitly for their own cause, the mainstream US media condemn the Palestinians and exonerate Israel with Soviet-like consensus. Editorial pages are unanimous in apportioning the blame exclusively to Yasir Arafat rather than the war criminal Ariel Sharon, who provoked the riots to advance his political career. Sharon was puffed up in extremely sympathetic interviews by Lally Weymouth published in the Washington Post and Newsweek, and held forth as well on the Wall Street Journal Op-Ed page. Meanwhile, the members of the punditocracy who appeared during the weekend of Barak's ultimatum spoke as if channeling American Jewish Committee talking points.
While Hillary Clinton and Rick Lazio battled one another to shower the Palestinians with higher and higher degrees of contempt in their second debate, the only American voices heard to speak to the larger context of the conflict were the twin electoral outliers, Ralph Nader and Pat Buchanan. Given his history of anti-Semitism and hatred of Israel, the former Crossfire host has forfeited any credibility he once had on the issue. Nader's criticism of Sharon, which he expressed on CBS's Face the Nation, was therefore far more valuable, especially in light of the relative scarcity of such voices on network television.
More typical, however, are the views of Charles Krauthammer, who has apparently contracted the same mental and emotional affliction that drove poor Abe Rosenthal insane. The pundit actually compared the phenomenon of Palestinian riots and rock-throwing to the Nazi invasion of Poland. Complaining of overly sympathetic coverage of Palestinian "frustration"--"frustration with what?" Krauthammer demanded in mock horror, as if the average Palestinian refugee lived next door in Chevy Chase--Krauthammer termed Israel's dovish leaders "feckless" for seeking an accommodation to create a nation where Jewish soldiers are no longer in a position to gun down unarmed 12-year-old boys.
Sure Arafat is a corrupt, untrustworthy leader, and I wish he had somehow found the courage to risk his own neck and embrace Barak's surprising concessions at Camp David, if only as a foundation stone in a much longer peace process. The concessions were, unfortunately, the best offer the Palestinians are likely to get for some time. But it's not Arafat's indecision or Palestinian rock-throwing that lies at the root of the current conflict. Rather, as the Israeli lawyer Allegra Pacheco wrote on the Times Op-Ed page, it is the fact that "the proponents of the agreement, including the Clinton Administration, never fully informed the Palestinian people that the [Oslo] accord did not offer any guarantee of Palestinian self-determination, full equality and an end to the military occupation." Since Oslo, Pacheco notes, the quality of life in the West Bank and Gaza has declined from terrible to nearly unbearable. Owing to the lack of good will on both sides, what is being constructed from Oslo is less peace than apartheid.
I have walked across open sewage in Palestinian refugee camps surrounded by children begging for candy. I have been served tea at the home of a Palestinian family whose 13-year-old son was killed days earlier by the Israeli Defense Force as a suspect in a murder that turned out to be the work of a crazed Jewish fanatic. I have stood in the rubble of Palestinian houses that the Israelis bulldozed as a warning to those who would continue to protest. Seven years ago, I stood on the White House lawn and listened, tearfully, to Yitzhak Rabin say "enough" to the killing on both sides. Alas, it was not enough. And given the realities on the ground, for every Israeli who loses a son or daughter, so too will scores of Palestinians.
It would behoove those in the media who hold forth on this issue to address themselves for once to its larger context. It is Israel that is oppressing the Palestinians, and it is the Palestinians who are doing virtually all the dying. True, Ehud Barak has taken massive political risks by offering concessions that go well beyond the Israeli consensus. He is a brave leader and an authentic soldier for peace. But given the magnitude of the physical, psychological and sociological costs of the Palestinian "catastrophe," Barak's best is simply not good enough. The only chance for lasting peace will come when Israel agrees to share Jerusalem with a full Palestinian partner, granting equal rights to citizens of both nations; with Israeli rule in the West and Palestinian rule in the East.
Perhaps it's too much to ask a victorious people to offer genuine justice and material sacrifice to the nation it has vanquished on the battlefield--particularly when the hatred of the defeated nation continues unabated. But the Palestinians will accept nothing less.
I'm a Jew with deep emotional ties to Israel and strong sympathies with the Labor/Zionist project. My own words fill me with foreboding. But if it must come to war, then let us at least be honest about it. Like Ariel Sharon's 1982 invasion of Lebanon, it will be a war that Israel has chosen because it could not countenance the alternatives. And it will be the Palestinians who, once again, will endure the lion's share of the suffering.
In their hunger to take back the White House, the Jerry Falwells and the Pat Robertsons have swallowed the mellow prose of Texas scripted for them by George W.'s handlers--but at the state level, the antigay hate campaigns of the Christian right are picking up steam. "In 2000 there have been and are more gay-bashing initiatives on the ballot than ever before," points out David Fleischer, the National Gay and Lesbian Task Force organizer for state and local politics.
In Nevada, an amendment to the state Constitution banning same-sex marriage, backed by the Southern Baptists (who have pledged $1 million to pass it) and the Mormon Church, won 60 percent approval in the latest polls. In Nebraska, an even worse measure bans civil unions and even legal status for domestic partnerships, which threatens benefits afforded to same-sex couples by private companies doing business there (like Qwest and Wells Fargo). In Maine, the Christian Civic League (a Gary Bauer spinoff) and the Christian Coalition are spending heavily to defeat ratification of a gay civil rights law already passed by the legislature. The progay forces are woefully underfunded in all three states.
But the most critical battle is in Oregon, which has seen forty antigay initiatives (four statewide, the rest local) in the past twelve years. This year's Measure 9 is a viciously broad version of the "no promo homo" amendments Jesse Helms has been trying to pass in Washington for years: It bans public school "instruction of behaviors relating to homosexuality and bisexuality...that encourages, promotes or sanctions such behavior." Sponsored by professional antigay crusader Lon Mabon and his Oregon Citizens Alliance--who were behind the previous referendums--this thought-police measure would have a devastating effect on the ability of the state's schools and colleges to teach about HIV or antigay discrimination and menaces the livelihood of openly gay teachers. Mabon makes it quite clear: He has said that the measure is designed to defund "any place that there is a cultural diversity program or multiculturalism or AIDS education [in which] homosexuality is presented as being normal and acceptable.... Any AIDS education like what occurred at Portland State University or at the local level could not be done. Any speakers that come in, if they are homosexuals, they could not stand up in front of a class or an assembly and talk about a pro-homosexual lifestyle."
Mabon-sponsored referendums aimed at banning civil rights laws protecting gays were defeated in 1992 and 1994, but it will not be so easy this time. In previous years the gay-bashing measures were the only controversial ones on the ballot, and a broad-based progressive coalition fought back effectively; this year, there are twenty-six different ballot questions, and the official guide mailed to every voter is 400 pages, the size of a telephone book. Moreover, there are seven other initiatives of major concern to progressives: two antilabor "paycheck protection" measures; three on tax and budget cutting; and two anti-environmental proposals.
"It's very shrewd of the right wing," says Paddy McGuire, who ran the Clinton campaign in Oregon in 1992 and 1996 and is now chief of staff to the secretary of state. "For $100,000 you can put damn well anything on the ballot--9 is the only one of these measures where signatures were mostly gotten by volunteers, while the others were gathered by paid workers at $1.50 a signature. It's going to take around a million bucks to defeat each one of them--that's $5 to $6 million we won't spend to elect progressives to office." The strategy to sap progressive energies through referendums was the brainchild of Bill Sizemore, the 1998 Republican candidate for governor. Sizemore has turned his strategy into a lucrative business: He runs Oregon Taxpayers United--which is funded by wealthy GOP conservatives and the oldtime timber barons and fronts for the ballot measures--and on the side he runs a signature-collection firm that rakes it in for petition drives.
"We're stretched thin," worries Josh Kardon, Oregon Senator Ron Wyden's chief of staff. "The governor [liberal Democrat John Kitzhaber] is tied up fighting off the two measures aimed at his budget. Wyden's tied up trying to raise money for state legislative races--we're in spitting distance of taking back one or both houses. Because we're so diluted, trying to explain in a short time why Measure 9 is bad for kids is going to be tough."
All the more so because "we have less than half the staff the campaign that defeated the 1994 antigay referendum had, when they spent $1.7 million," says No on 9 campaign manager Kathleen Sullivan; by mid-September the group had raised only $300,000. Both the Christian Coalition and the Family Research Council are putting major resources into 9's passage. The No campaign does have strong support from the PTA as well as the state AFL-CIO, whose president, Tim Nesbitt, points to "an alliance between Lon Mabon and paycheck protection, which the OCA has endorsed." As the state's leading Democratic pollster, Lisa Grove, points out, "Passage of 9 would have implications beyond Oregon--if they can win here, they'll try it elsewhere." Money for TV ads is desperately needed. To contribute, make out checks to: No on 9, PO Box 40625, Portland, OR 97240; or log on at www.noon9.org.
I'm surprised at how many otherwise thoughtful people seem convinced that this election "makes no difference." In my very first Nation column, I quoted Justice Antonin Scalia, who, during a 1997 visit to Columbia Law School, stated publicly that if Brown v. Board of Education came to him as a case of first impression, he would vote against the majority. Most of the federal judiciary are Reagan/Bush appointees. There are an unprecedented number of judicial openings right now because of the unprecedented blocking of Clinton appointees maneuvered by the Republican-controlled Judiciary Committee. A sense of urgency thus prompted me to cull an unscientific sampling of lawyers, writers and human rights activists--all of whom feel that this is an important election in which to make one's voice heard.
Charles Ogletree Jr., professor, Harvard Law School: "The most important election in recent memory will occur on November 7, 2000. George W. Bush, who favors Antonin Scalia and Clarence Thomas, and Al Gore, who favors someone in the mold of Thurgood Marshall and William Brennan, have radically different views of the next Supreme Court appointments. With Roe v. Wade, affirmative action and majority-minority districts at stake, there is no graver choice facing the nation than a progressive Gore Court or a reactionary Bush Court."
Reva Siegel, professor, Yale Law School: "Last term, the Court invalidated provisions of two different civil rights laws, holding that Congress lacked power to enact the antidiscrimination statutes--something the Court has not done since the nineteenth century. After these rulings, it is no longer clear how statutes like the Family and Medical Leave Act or the Pregnancy Discrimination Act can be enforced against state employers, or what kind of hate crimes legislation the Congress can enact. But more is at stake than the particular provisions of the Age Discrimination in Employment Act or the Violence Against Women Act, which the Court struck down last term, or the provisions of the Americans With Disabilities Act, which the Court is considering this term. The question is whether the Court continues to recognize and respect the federal government's power to prohibit discrimination as that power has been exercised by Congress in the decades since passage of the Civil Rights Act of 1964."
Richard Matasar, dean, New York Law School: "Judicial appointment is the stealth issue of every national election. While abortion and crime occupy the attention of the press, the judiciary can also carry on a quiet revolution in its allocation of authority between state and federal government. The Republican judiciary has already significantly shifted the distribution of power between governments; this election can break or solidify that shift."
Maivan Clech Lam, professor, City University of New York Law School at Queens College: "The Supreme Court's rulings on state and federal power are very likely in the next years to determine issues of sovereignty important to indigenous Hawaiians and possibly all tribes in general."
Bob Wing, editor, ColorLines: "The prospect of an entrenched reactionary Supreme Court majority is awful.... However, I wish that I was more confident that Al Gore, who is associated with the Democratic Leadership Council's center-right wing of the Democratic Party, would reverse that trend."
Peter Gabel, president, New College School of Law: "I'm not sharply critical of those who want to vote for Gore to protect the Court, but I do think they overestimate the Court's role as an active progressive power and fail to see its essential commitment to maintaining a center (whether center-right or center-left). It is movements in society that motivate the Court to move. A real left needs to do the opposite of defending the empty center, which is perpetually self-erasing and actually blocks the development of a progressive movement. Instead, we must try to emerge into public visibility--visibility to one another!--by voting for Ralph Nader."
Jill Nelson, writer: "I've been thinking that it's the height of the ever-growing class-based disconnect in this society for people who consider themselves left or progressive or liberal to run the 'I'm going to vote for Nader because there's no difference between Gore and Bush.' Rest assured, I'm not happy with any of 'em, but I'm very clear about the importance of Supreme Court appointments and for that reason will vote for the lesser evil, which is the real, disappointing, difficult nature, it seems, of democracy as we know it. The alternative is for me to delude myself that an abstract notion of principle trumps class privilege, which it doesn't. Sure, no matter who's on the Court, me and mine can have abortions and hire top attorneys and otherwise have the possibility of buying ourselves out of whatever mess we're in, but that's not enough. For me, democracy is fundamentally about community, and to paraphrase Reagan in that movie, what about the rest of us?"
Sydelle Pittas, attorney: "In the course of work on a television series I produced for the Women's Bar Association on 'Your Legal Rights,' I interviewed almost all of Massachusetts' sitting federal judges. From them I learned a few things that showed me how important it is to have Justices who understand the experiences of real women. Justices are human beings, and while they are impressive in how mightily they strive to find the law rather than make it, how they make those findings necessarily comes from their own understanding, based at least in some part on their experience."
Bill Ong Hing, professor of Law and Asian-American Studies, University of California, Davis: "People of color and other traditionally subordinated groups have few institutions upon which they can rely. Their skepticism of the judicial system's desire to respond to their plight has reached a new high point, as the Court molded by Nixon-Ford-Reagan-Bush (Carter made no appointments) has come to dominate the nation's jurisprudence.... Whether and to what extent, if any, the Supreme Court serves as an agent or ally of social change is debatable. But a progressive voice of a Supreme Court majority--open to the views and experiences of those who have been marginalized--would foster a culture (and hope) for change in other mainstream institutions."