In many respects, the recent meeting in Chicago of the National Abortion Federation (NAF), the major professional association of abortion providers in North America, looked like any other medical gathering. Participants wearing name tags attended workshops, engaged in lively debate about medical innovations in their field, examined the exhibits set up by vendors and greeted old friends and colleagues.
But in other ways this was not a typical medical conference. Security was tight, with guards checking registration badges and conferring on walkie-talkies. Along with presentations on "Vaginal Ultrasound Assessment" and "Monitoring Chorionic Gonadotropin Levels After Mifepristone Abortion" were sessions on "Ensuring the Rights of Minors: Making Your Judicial Bypass Work" and "Understanding FACE (Freedom of Access to Clinic Entrances) and How to Invoke Its Protection." One of the keynote speakers was an FBI agent who played a key role in the apprehension of James Kopp, the fugitive accused of murdering Dr. Barnett Slepian, an abortion provider in Buffalo, New York, in 1998, and of wounding several other physicians.
While NAF meetings always display this surreal combination of conventional medical components and vivid reminders that abortion is the most politicized--and besieged--branch of medicine in the country, this year the atmosphere was especially tense. The fact that the reliably prochoice Clinton-Gore team is gone, replaced by an Administration that is deeply, and cleverly, hostile to abortion, seemed to hover over every conversation. As abortion providers well know, even if Roe v. Wade is not overturned, abortion access can be eviscerated by its enemies. Here are just some of the Bush Administration's initial steps in that direction:
§ As Attorney General, John Ashcroft, one of the most fanatically antiabortion senators in history, is charged with protecting the safety of abortion providers and patients. Despite repeated assertions at his confirmation hearings that he accepts Roe as "settled law," no one expects him to continue with the forceful and active steps that his predecessor, Janet Reno, took to combat antiabortion terrorism. Ashcroft will also play a key role in judicial appointments. While public attention has inevitably focused on the Supreme Court, judges appointed to lower federal courts have an enormous impact on abortion provision, ruling in such diverse areas as waiting periods, legislatively mandated scripted counseling for abortion patients, interpretations of permissible buffer zones outside clinics (areas that may be kept free of protesters) and on any revisitation of "partial birth" abortion bans.
§ Secretary of Health and Human Services Tommy Thompson sent chills down the NAF community's collective spine when he announced at his confirmation hearings that he would call for a "review" of the FDA's approval last fall of the "abortion pill," RU-486 (mifepristone). Also, antiabortion Congressmen have introduced the Patient Health and Safety Act (PHSA), a bill that seeks to restrict distribution of the drug by prohibiting anyone other than physicians who provide surgical abortions from dispensing it, thereby thwarting its promise to improve access in underserved areas. Thompson's threatened "review" would likely do the same.
For now, Thompson appears to be holding off on such a review. The Administration has not yet named an FDA commissioner, most likely because of the hot-button politics of mifepristone approval. And it is not clear whether the PHSA will pass the Senate. But uncertainty over the fate of this drug is hampering the campaign to disseminate it. Prospective abortion pill providers face a host of other challenges as well: arranging malpractice insurance and managed care reimbursement, conforming to legal requirements (parental notification, waiting periods, etc.). As a result, nearly all those currently offering the drug are surgical providers.
§ The Unborn Victims of Violence Act, passed by the House on April 26, makes it a federal crime to injure or kill the fetus of a pregnant woman. Even though the act specifically exempts abortion, the prochoice community widely views it as a crucial first step in a campaign by abortion opponents to secure the status of "personhood" for the fetus (and indeed, embryos and blastocysts). As one lawyer at the NAF meeting told me, "Fertilized cells will have the same legal status as a woman, and eventually this will threaten various forms of birth control as well as abortion." George W. Bush has voiced his eagerness to sign the bill into law.
And what of the Supreme Court? Amid the rumors of the possible retirement of one or more Justices this summer, the stakes are high for abortion providers--and for Bush as well. Given the public's split on the issue, Bush risks alienating a sizable number of voters no matter what he does. (Despite people's discomfort with abortion, polls show that a majority wants to see Roe stand.) One likely scenario is that Bush will nominate a "stealth" antichoicer--one with no paper trail on abortion--and then try to prevent an abortion case from reaching the Court before the 2004 election.
How can the abortion rights movement respond? Lucinda Finley, a law professor at SUNY, Buffalo, says, "The movement must convince senators to announce that they will not confirm someone who is unwilling to state his or her position on Roe." The Feminist Majority urges a filibuster against any nominee not committed to preserving Roe (see www.million4Roe.com). Whether prochoicers have such political capital remains to be seen. The recent abortion rights march in Washington, whose timing unfortunately conflicted with Earth Day and Quebec demonstrations as well as the NAF meeting itself, attracted a disappointing turnout and almost no media attention.
As the rest of the movement awaits the Court showdown, abortion providers continue to endure countless hassles just to open the doors of their clinics each day. Many states have imposed TRAP--"targeted restrictions against abortion providers"--laws consisting of cumbersome rules, directed only at abortion facilities, regulating such matters as door width and air flow. Even those in states without TRAP laws face constant battles with landlords who try to evict them, vendors under pressure not to service them and frequent threats of violence. The community of providers, which has shown an extraordinary ability to carry on its work with humor and bravery even in such unacceptable circumstances, is gearing up for a long fight.
When we left that old journalistic evergreen, the evils of daycare, two weeks ago, the media hysteria over the NICHD study had just about peaked. The researchers had begun to turn on each other in public, never a good sign--Jay Belsky, a champion soundbiter who had seized the media initiative by strongly suggesting that the study showed that more than thirty hours a week with anyone but Mom would risk turning little Dick and Jane into obnoxious brats, was sharply challenged by numerous co-researchers, who claimed the study's results were tentative, ambiguous and negligible, hardly results at all, really. After a few rounds of this, the media suddenly remembered that no one had actually seen the study, which won't be published for another year and which does seem on the face of it rather counterintuitive: Daddy care is bad? Granny care is bad? Quality of care makes no difference? What really did the trick, though, I suspect, was that every fed-up woman journalist in America sat down and bashed out a piece telling the doomsayers to lay off, already. With 13 million kids in daycare, and two-thirds of women with children under 6 in the work force, working moms are a critical mass, and they are really, really tired of being made to feel guilty when they are, in fact, still the ones doing double duty at work and home.
Compare the kerfuffle over the quantity of hours spent in daycare with the ho-hum response to studies of its quality. On May 1, Worthy Wage Day for childcare workers, came a study from Berkeley and Washington, DC, that looked at staffing in seventy-five better-than-average California daycare centers serving kids aged 2 1/2 through 5. According to Then and Now: Changes in Child Care Staffing 1994-2000, staffers and directors are leaving the field in droves. At the centers in the study, 75 percent of teachers and 40 percent of directors on the job in 1996 had quit four years later. Some centers had turnover rates of 100 percent or more (!) from one year to the next. Half the leavers abandoned the field entirely--raising their incomes by a whopping $8,000 a year compared with the other half, who remained in childcare. Nor were those who left easily replaced: Most of the centers that lost staffers could not fill all their job slots by the next year.
The demoralization and turmoil caused by constant turnover stress both the workers who stay and the children. Making matters worse, the new workers are "significantly less well-educated" than those they replace--only a third have bachelor's degrees, as opposed to almost half of the leavers. Pay, say the researchers, is the main issue: Not only have salaries not risen with the rising tide supposedly lifting all boats; when adjusted for inflation, they have actually fallen. A daycare teacher works twelve months a year to earn $24,606--just over half the average salary of public-school teachers, who work for ten months (not that schoolteachers are well-paid, either). Center directors, at the top of the field, earn on average a mere $37,571; the recommended starting salary for elementary-school teachers in California is $38,000. (In France, which has a first-rate public daycare system, daycare teachers and elementary-school teachers are paid the same.) Daycare teachers love their work--two-thirds say they would recommend it as a career--but simply do not earn enough to make a life in the field.
It's a paradox: Even as more and more families, of every social class, rely on daycare, and even as we learn more and more about the importance of early childhood education for intellectual and social development, and even as we talk endlessly about the importance of "quality" and "stability" and "qualified" staff, the amount of money we are willing--or able--to pay the people we ask to do this demanding and important job goes down. Instead of addressing this reality, we endlessly distract ourselves with Mommy Wars. (You let your child have milk from the store? My child drinks nothing but organic goat milk from flocks tended by Apollo himself!) And because as Americans we don't really believe the rest of the world exists, when a study comes along suggesting that other-than-mother-care produces some nasty and difficult kids, we don't think to ask if this is a problem in Denmark or France, and if not, why not.
Two new books of great interest, Ann Crittenden's The Price of Motherhood and Nancy Folbre's The Invisible Heart: Economics and Family Values, point out that there is a crisis of care in America. Women are incredibly disadvantaged when they perform traditionally female work--childcare, housework, eldercare--unpaid within families. (According to Crittenden, motherhood is the single biggest cause of poverty for women.) The free market cannot replace this unpaid labor at decent rates, Folbre argues, because it would be too expensive: Even now, most families cannot afford tuition at a "quality" daycare center, any more than they can afford private school. And men are hardly falling over themselves to do their share--nobody's talking about the Daddy Track, you'll notice. Both writers call for recognizing the work of care as essential to the economy: Top-quality daycare should be funded by the government, like school, because it is a "public good."
Unfortunately, funding public goods is not exactly a high priority of government, which is busily cutting programs for children in favor of a huge tax cut for the rich. These days our main public goods seem to be prisons ($4.5 billion), the drug war ($19 billion, including $1 billion in military aid to Colombia), abstinence education ($250 million) and executing Timothy McVeigh ($50 million, not counting plane tix for celebrity death witness Gore Vidal). You can always find money for the things you really want.
Once again the Bosnian Initiative Frankfurt, a German human rights group, is asking Nation readers to help fund summer camp for Bosnian refugee children. Many readers have become an integral part of this wonderful effort, sometimes going beyond donations to correspond with particular children. $150 makes you a "godparent" and pays for two weeks of camp for a child, but gifts of any size are welcome. Send checks made out to the Bosnian Initiative Frankfurt to me at The Nation, and I will forward them.
In Canada, Maude Barlow gave a stirring speech criticizing the free-trade agenda of the Summit of the Americas.
The New York Times could benefit from having an in-house arbitrator.
For many indigent defendants, the right to a lawyer doesn't mean much.
The stage is set for a showdown over the fate of undocumented workers.
Charging people with a "hate crime" when their crime is essentially some type of assault is a troubling trend.
Feminist anthropology fights for public voice in a new era.
President Bush's power to appoint judges is one he hardly deserves because of the way he achieved his office.
A sit-in at the university highlights the gulf between a great educational institution and the unconscionable working conditions many of its employees experience there.