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FOCUS: I Had an Abortion and Now I'm Not Ashamed Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=31568"><span class="small">Rebecca Gordon, TomDispatch</span></a>   
Monday, 15 July 2019 10:43

Gordon writes: "I have never said this publicly before, but in December 1974 I had an abortion."

People gather at the state Capitol to rally in support of abortion rights in Sacramento, Calif. (photo: Rich Pedroncelli/AP)
People gather at the state Capitol to rally in support of abortion rights in Sacramento, Calif. (photo: Rich Pedroncelli/AP)


I Had an Abortion and Now I'm Not Ashamed

By Rebecca Gordon, TomDispatch

15 July 19

 


Abortion is about women and women only, right? Their bodies, their pregnancies, their lives. This is a common enough assumption, even though my own experience 36 years ago tells me something different -- and even though perhaps no one is playing a greater role, when it comes to abortion, than a man who is the center of everyone’s attention these days. You know, the fellow accused by at least 24 women of a wide range of sexual misconduct who, from Supreme Court nominations to “gag rules,” has been leading the charge of “his” evangelical base's attempt to turn abortions, as in my youth, into back-alley affairs for desperate women.

Yes, when Donald Trump was still a New York entrepreneur, he publicly held a position on abortion that usefully fit his world. “I am very pro-choice,” he told NBC’s Tim Russert in 1999. He had even co-sponsored a dinner to honor the president emeritus of the National Abortion Rights Action League at the Plaza Hotel, which he then owned (though in the end he didn’t attend, possibly because of death threats). Now, he pushes quite a different but no less useful position for, well, Donald Trump -- and that’s hardly a surprise since, for him, it’s never been about women, their bodies, or their pregnancies; it’s always been, and always will be, about him.

As I view, with a certain horror, the spread of anti-abortion legislation, red state by red state, across significant parts of the country and as I await a possible Supreme Court-ordered end to the Roe v. Wade era, I can’t help but think of my own involvement with abortion as a man. In fact, it’s hard for me not to write that my wife and I had an abortion in 1983, 36 years ago, 10 years after Roe v. Wade became the law of the land. Obviously, that would be a ridiculous thing to claim (though not to feel). My wife was the one who had the abortion of a fetus with an anomaly, a future child we had both wanted. But for me, as for her, it was a difficult, painful choice that would haunt me for years (though I believe that we made exactly the right decision for our family). I’ve thought often, in these years, of what that decision would have been like in an era when abortion was again under siege. And here we are. The Republican Party and the evangelical movement, with the help of a president who cares above all about staying in the White House, are literally on the war path again. (Evangelicals represented one quarter of the 2016 vote and 80% of them went Trump's way.)  What a nightmare of interference in the lives and fates of both women and men. And all of this came to mind again when TomDispatch regular Rebecca Gordon sent me today’s piece in which, almost half a century later, she movingly comes to grips with her own abortion experience.

-Tom Engelhardt, TomDispatch


The Personal Is Still Political
And It’s Planetary, Too

have never said this publicly before, but in December 1974 I had an abortion.

I was 22 years old, living in a cold, dark house in Portland, Oregon, spending my days huddled in front of a wood stove trying to finish my undergraduate senior thesis. I did not want to have a baby. I didn’t know what would come next in my life, but I knew it would not include raising a child. Until the moment the doctor told me I was pregnant -- we didn’t have at-home tests in those days -- I’d always believed that, although it was perfectly ethical for other women to have abortions, I would never do so. In that electric instant, however, I knew that what I had believed about myself was wrong.

My boyfriend wanted to cheer me up. “Put on your coat,” he said. “We're going somewhere.” He was a kind guy and we’d bonded over a shared interest in all things mechanical. I’d fallen in love with him a couple of years before when he’d taught me how to replace the ball joints on an ancient Rambler station wagon. I was probably even more in love with his raucous Irish Catholic family, especially his mother, the family matriarch, who’d graduated from Portland State long after giving birth to the last of her own six children.

My boyfriend was sweet, but his emotional imagination was a bit limited. That particular day, his idea of cheering me up turned out to be a visit to a local plumbing store, where we took in the wonders of flexible cables and bin after bin of nicely made solid brass fittings. You won’t be surprised to learn that the excursion left me inadequately cheered.

What he may have lacked in emotional skills, however, he more than made up for in moral sensitivity. Some years later, long after we’d split up and I’d begun my first serious relationship with a woman, I asked him why we’d never talked about the abortion. “I knew it had to be up to you,” he explained, “and I know you usually try to give other people what they want. Once you’d decided, I didn’t want to risk saying anything to change your mind.” Unlike many men, including our current president, my boyfriend believed that decisions about my body were mine alone to make.

Not Bad Luck, But a Bit Sloppy

In some ways, I was lucky. For one thing, early pregnancy made me queasy, so I recognized what was going on soon enough to have a simple termination. That was a piece of luck because I hadn’t menstruated for over a year, so I didn't figure it out the way most women do -- by missing my period.

My gynecologist misdiagnosed my failure to menstruate. He was so fascinated by the fact that one of my parents was of Ashkenazi Jewish descent that he never thought to ask me whether I’d been starving myself to achieve something vaguely approaching Twiggy-like thinness. Being underweight is a much more common cause of missing periods than genetic disease. He blamed my amenorrhea on an obscure condition that afflicts Jewish women with eastern European ancestry and then added, “But I don’t understand it. You don’t have any of the other symptoms.” In any case, he told me that, if I ever wanted to conceive I would probably have to take medication. Or, as it turned out, gain a few pounds.

I was also lucky that it was 1974. Only the year before the Supreme Court had affirmed my right to end a pregnancy in its landmark Roe v. Wade ruling. Overnight, the decision to have an abortion had become a private matter between my doctor and me. Even before Roe, Oregon was one of the few states that permitted abortion with only one restriction -- a 30-day residency requirement. As a college dormitory resident assistant, I’d already accompanied a fellow student to the clean, professional clinic in Portland for a pre-Roe abortion.

People in California weren’t so lucky. My present partner who went to the University of California, Berkeley, recalls that her friends had to travel to Tijuana, Mexico, for abortions, where they knew no one, didn’t speak the language, and could only hope that they wouldn’t end up sick, injured, or infertile.

My doctor had privileges at that same Portland clinic and the arrangements were simple. I was less lucky, however, in that my private health insurance, like most then and now, did not cover an abortion. It cost $400 -- equivalent to somewhere between $2,078 and $2,175 in today’s dollars. That was a lot of money for a couple of scholarship students to put together. Fortunately, we’d set aside some of what we’d made the previous summer painting houses for my boyfriend’s father.

Why Am I Telling You This?

At this moment in the age of Trump, it’s long past time for people like me to go public about our abortions. Efforts to deny women abortion access (not to mention contraception) have only accelerated as the president seeks to appease his right-wing Christian supporters.

I teach ethics to undergraduates. We often spend class time on issues of sexuality, pleasure, and consent, and by the end of the first class my students always know that I’m a lesbian. I have never, however, taught a class on abortion. In the past, I explained this to friends by saying that I didn’t want some of my students, implicitly or explicitly, to call other students murderers.

But the truth is darker than that. I didn’t want them calling me a murderer. Yet the reason I come out about my sexual orientation applies no less to the classroom discussions I should have (but haven’t) had about abortion. I come out because I want all my students to encounter a professor who’s not ashamed to be a lesbian. Over the years, quite a few LGBTQ+ students have told me how much they appreciated my intentional visibility, how helpful they found it as they were navigating their own budding sexual lives. I think, however, that it’s no less useful for students who identify with the heterosexual majority to observe that a woman like me can be a professor.

If I can come out as a lesbian, why not as a person who’s had an abortion, especially in this embattled time of ours? It’s not that I think abortion is murder. I don’t think that a zygote, an embryo, or even a fetus is a person. It’s easy to get confused about this when opponents of women’s autonomy call the throbbing of a millimeters-long collection of cells a “fetal heartbeat” and use its presence to prevent women six-weeks pregnant or less from securing an abortion. Because many women don’t even know they’re pregnant at six weeks -- I didn’t -- “fetal heartbeat laws” effectively ban almost all abortions. By the end of June 2019, at least eight states (Arkansas, Georgia, Iowa, Kentucky, Louisiana, Mississippi, North Dakota, and Ohio) had passed just such a law. So far, none of them has gone into effect. As Anna North and Catherine Kim of Vox report, “The North Dakota, Arkansas, Iowa, Kentucky, and Mississippi bans have been blocked by courts” and, on July 3rd, a federal court issued a temporary injunction on the Ohio law, while the case against it proceeds.

People advocating such fetal heartbeat laws carry with them an image of the developing fetus that reminds me of the seventeenth-century belief that each human sperm cell contains a “homunculus,” a miniature human being, curled up inside it. That’s not actually how a fetus develops. “It’s a process -- the heart doesn’t just pop up one day,” as gynecologist Sara Imershein told Guardian reporter Adrian Horton recently. “It’s not a little child that just appears and just grows larger.”

Anti-choice types have introduced another piece of obfuscation with the expression “late-term abortion.” The average full-term pregnancy lasts 40 weeks, as Dr. Jen Gunter, also a gynecologist, explained to Horton. Doctors only call pregnancies that last longer than 40 weeks “late-term.” However, as Horton points out, “Anti-abortion activists twisted the phrase into a political construct understood to be any abortion after the 21st week, late in the second trimester.” In reality, says Gunter of the actual medical definition of the term, “Nobody is doing late-term abortions -- it doesn’t happen, but it’s become a part of our lexicon now.”

Smashing the Patriarchy?

There’s another reason why it’s easier these days to be a lesbian in public than a woman who has chosen to have an abortion. While the years since the 1973 Roe decision have seen a profound expansion of legal rights and social acceptance for LGBTQ+ people, the same decades have been marked by periodic sharp declines in access to abortion and a steady, fierce, sometimes even murderous increase in attacks on it and its providers by the evangelical right in particular. This is not, perhaps, as surprising as it might seem. Abortion rights actually present a much deeper challenge to the status quo than gay people marrying or becoming soldiers.

For years I’ve wondered why my gay leaders think the two things I most want in the world are to get married and join the Army. After decades of struggle and litigation, however, gay activists have, in fact, secured both these goals (though President Trump has done his best to keep trans people from serving openly in the military). Neither achievement, however, has proven much of a threat to the cultural or economic status quo.

What could be more American, after all, than joining the imperial forces? While Donald Trump’s Fourth of July “Salute to America” hardly launched the conflation of patriotism and militarism, it certainly reminded us that, for many people, “America” and “military” are two words for the same thing. And what could be more American than marrying and creating another consumption unit -- a nuclear family household, complete with children (however conceived)? Nothing about these two life paths turns out to lie far from the mainstream.

Abortion, by contrast, seems to violate the natural order of things. Women are supposed to have children. That’s what women do. That’s who women are. It’s one thing to be childless by misfortune, but deciding to end a pregnancy is another matter entirely. It cuts off a possible future. That’s what the word “decide” means in Latin -- “to cut away.”

What I have cut away from my life, both literally and figuratively, is the work of childbearing and childrearing, the two activities that continue to define womanhood in my own and probably most other cultures. And while I believe that this choice was right for me -- and was also my right -- all these years later, I’m still, as my boyfriend observed, sensitive to the judgment of others. As a woman who never bore children, I’m aware that I’m an outlier even among those who have had abortions, most of whom have or will have children.

Even now, I probably wouldn’t have the courage to tell my story if it weren’t for a young African-American woman named Renee Bracey Sherman. She happens to be the niece of good friends of mine, but more important, she is, as she calls herself, “the Beyoncé of Abortion Storytelling.” For nearly a decade now, she has been telling her own abortion story, training other women to tell theirs, and urging all of us to listen. Pinned to the top of her Twitter feed is this warm greeting: “Daily reminder: if you've had an abortion, you don't need forgiveness from anyone unless you want it. You did nothing wrong. You are loved.”

You can’t imagine the abuse, the death threats she’s received, often from people claiming to know where she lives. “Someone sent me an email,” she told the Association for Women’s Rights in Development, saying “that they hoped that I would get sold into the sex trade and get raped over and over and over again and forced to give birth over and over and over again until I finally died from childbirth.”

Renee sees her commitment to women’s abortion rights as profoundly life affirming -- especially for black women who are the most likely among us to choose abortion and the most affected by its increasing unavailability. She is offended by the attempts of white anti-abortion legislators to coopt the Black Lives Matter movement, as for example when Missouri state representative Mike Moon introduced the “All Lives Matter Act” in 2015. (It would have outlawed abortion by defining human life as beginning at conception.) As John Eligon of the New York Times recently reported, even among black evangelicals, there is substantial suspicion of white anti-abortion activists who describe their work as rising from a concern for black lives:

“‘Those who are most vocal about abortion and abortion laws are my white brothers and sisters, and yet many of them don’t care about the plight of the poor, the plight of the immigrant, the plight of African-Americans,’ said the Rev. Dr. Luke Bobo, a minister from Kansas City, Mo., who is vehemently opposed to abortion. ‘My argument here is, let’s think about the entire life span of the person.’”

Why Now?

Why write now about an abortion I had almost half a century ago? At my age, of course, I’ll never need another one, so why even mention such a personal matter, let alone publicize it?

In the age of Donald Trump and Brett Kavanaugh, the answer seems all too clear to me. As we second-wave feminists insisted long ago, the personal is political. Struggles over who cleans the house and who has -- or doesn’t have -- babies have deep implications for the distribution of power in a society. This remains true today, as state governments, national politicians, and the Trump administration ramp up their campaigns to harness or control women’s fertility, whether to produce babies of a desired race (as Iowa Congressman Steve King has advocated) or to prevent others from being born (as the long history of forced sterilization of women of color and poor women illustrates).

We’ve been going backwards on abortion access for decades. Since 1976, the Hyde Amendment has denied abortion services to women who get their health care through the federal Medicaid program, or indeed to anyone whose health insurance is federally funded. (A few states, like California, opt to pick up the tab with state funds.) But even for women who can afford abortions, options have steadily dwindled, as states pass laws restricting the operations of abortion clinics. Women sometimes have to travel hundreds of miles for a termination. Only a single clinic in Missouri, for example, provides abortions today.

Worse yet, the appointment of Brett Kavanaugh to the Supreme Court may well have cemented an anti-Roe majority there. But the Trump administration hasn’t waited for a future Supreme Court decision to move against abortion. It has already reinstated both domestic and international “gag rules” that prohibit federal funding for any nonprofit or non-governmental agency that even mentions the existence of abortion as an option for pregnant women. In the case of that international gag rule, organizations receiving U.S. government funds are not only prevented from providing abortion services or referrals directly, but may not donate money from any source to other organizations that do. Most of these organizations provide many other health services for women from birth control to cancer and HIV treatment. Clearly, preserving the “right to life” doesn’t apply to the lives of actual women in this country or the developing world.

So the current perilous state of reproductive liberty is part of why I’m talking about my abortion now.  But there’s another reason. When I spent time in Central America in the 1980s, I found that the first question women I met often asked me was “Cuantos hijos tiene?” -- “How many children do you have?” They assumed that a woman in her early thirties would have children and this was their (very reasonable) way of reaching out across a cultural divide, of looking for commonality with this gringa who’d landed in their community. I was always a little embarrassed that the answer was “none.” I would respond, however, that, although I had no children of my own, I had a compromiso -- a commitment -- to making the world a better place for children everywhere.

I was certainly telling them the truth then -- and I hope my life since hasn’t made a liar of me -- but at the time, in some secret part of myself, I also believed that my decision not to have children was a selfish one. There was too much I wanted to do in my own life to voluntarily take on the responsibility for the lives of dependent others. Now, though, as the horrors of climate change reveal themselves daily, I sometimes think that choosing not to bring another resource-devouring, fossil-fuel-burning, carbon-dioxide-emitting American into the world might actually have been the most unselfish thing I’ve ever done.

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Rebecca Gordon, a TomDispatch regular, teaches at the University of San Francisco. She is the author of American Nuremberg: The U.S. Officials Who Should Stand Trial for Post-9/11 War Crimes. Her previous books include Mainstreaming Torture: Ethical Approaches in the Post-9/11 United States and Letters from Nicaragua.

Follow TomDispatch on Twitter and join us on Facebook. Check out the newest Dispatch Books, John Feffer’s new dystopian novel (the second in the Splinterlands series) Frostlands, Beverly Gologorsky's novel Every Body Has a Story, and Tom Engelhardt's A Nation Unmade by War, as well as Alfred McCoy's In the Shadows of the American Century: The Rise and Decline of U.S. Global Power and John Dower's The Violent American Century: War and Terror Since World War II.

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Bernie Sanders's Campaign Is Different Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=50019"><span class="small">Ben Beckett, Jacobin</span></a>   
Monday, 15 July 2019 08:37

Beckett writes: "Sanders has used his bully pulpit to amplify workers' struggles around the country, in a way no national politician in the United States has done before now."

Bernie Sanders. (photo: Scott Eisen/Getty)
Bernie Sanders. (photo: Scott Eisen/Getty)


Bernie Sanders's Campaign Is Different

By Ben Beckett, Jacobin

15 July 19


A new video from the Bernie Sanders campaign is proof: Sanders has used his bully pulpit to amplify workers’ struggles around the country, in a way no national politician in the United States has done before now.

f I miss a paycheck, I’m screwed. I would literally become homeless.”

With this statement in the latest Bernie Sanders campaign video — premiering at Jacobin  — labor activist Kelly Osborne of Cedar Rapids, Iowa, speaks for millions of working-class people. Osborne, a forty-four-year-old cancer survivor who is raising her five-year-old grandson, works at McDonald’s for $8.25 an hour, which she describes as “just not a living wage.”

Speaking of her grandson, Osborne says, “What I would like to see for him when he gets older and gets a job is union rights, is $15 an hour so he can survive.”

The video is notable for Osborne’s bravery in describing her situation and demanding union rights in front of a national audience. It is also notable for what it doesn’t say — and because it shows how Bernie Sanders is running a different kind of presidential campaign.

Specifically, no one in the video encourages viewers to vote for Sanders. When he appears for the first time, three-quarters of the way through the video, we see him at a Fight for 15 rally in Cedar Rapids, beside Osborne.

Speaking to the crowd of striking fast-food workers through a bullhorn, Sanders says, “A fight at McDonald’s is a fight for millions of working-class people.?.?.?. Today we say .?.?.? to McDonald’s: pay your workers a living wage and negotiate with a union.” Even the title card at the end of the ad asks us not to support Sanders but to “Join the movement.”

Cynics would be wrong to write this off as mere rhetoric. Sanders made a similar 2016 ad, “Tenemos Familias,” that centers the struggle of a Mexican immigrant tomato picker, Udelia Chautla, in Immokalee, Florida. Sanders plays a relatively minor part in the ad; much more central is Udelia and the work and organizing efforts of tomato pickers themselves.

Throughout the 2020 campaign, Sanders has used the bully pulpit to amplify workers’ struggles from Amazon to University of California to Wabtec and many more. And he has gone a step further, using his campaign’s massive organizational infrastructure to encourage supporters to join picket lines in solidarity with striking workers — something no national politician in the United States has done before now.

From Medicare for All and College for All to his promises to ban anti-union right-to-work laws, cancel student debt, and immediately undo Trump’s anti-immigrant policies, all of his proposals are focused on dramatically improving the lives of working-class people, and doing so in a way that unites them rather than divides them.

But beyond his policies and his upbringing in a four-room apartment, the son of a poor working-class immigrant, Sanders is the first major presidential candidate in modern times to run a working-class campaign — one that seeks not only to elect a candidate but to deliberately foster a working-class movement.

As the “Living Wage” video featuring Osborne and others like it show, Sanders’s focus on working-class people extends beyond his policy proposals to the way he conducts his campaign.

“All the focus on working-class people comes directly from Bernie. It’s not something that’s new to him. He was doing it in the ’80s in Burlington with the public-access show when nobody was doing anything like that,” Josh Miller-Lewis, the campaign’s director of digital communications, says.

“It’s not good enough to just elect a candidate to office. You have to build a movement if you’re going to accomplish any of the changes we’re fighting for. So all of these videos are meant to show that this campaign is about more than just Bernie Sanders. It is about all of us. It is about building a movement of working-class people to take on the power structures that are intent on maintaining the status quo,” Miller-Lewis says.

By placing so much emphasis on the struggles of working-class people in their own words, Sanders’s media operation does more than just give workers a platform to speak for themselves about their own concerns — though that is no doubt important.

The campaign’s worker-focused media is also critical to its method of organizing. Sanders aims to cohere a political base of a new type — one that is prepared not only to vote for him, but to fight both the boss and the state for its own interests.

Miller-Lewis described how the campaign’s media and organizing interweave, using the community fight to prevent Hahnemann Hospital in Philadelphia from closing as an example.

Most campaigns would send out a statement from the candidate and that would be it. We sent out a statement, but that’s only the beginning of this process. So now, our organizing team is mobilized, and we’re sending emails, we’re sending text messages, we’re getting people out to solidarity protests on Thursday. We’re going to go down with the video team and interview people — patients, nurses at the hospital, to talk about it, to raise the profile of this fight. And that doesn’t stop there. Now we’re thinking, what can we do after that protest? How can we continue to put pressure on the owners of that hospital not to close it? It’s really, I think, revolutionary because we’re not just focused around how we [get] more votes for Bernie Sanders. We’re interested in how do we build a working-class movement that is creating change for people right here in their lives, and, of course, longer term, by trying to elect Bernie Sanders president and bring this movement to the White House.

In his emphasis on organizing and mobilizing working-class people to at least the same degree as winning votes, Sanders is running a campaign fundamentally different from any other, past or present. He not only needs people to vote him into office. He needs them ready to fight once he is elected, too.

But ultimately no politician, even Sanders, can grant the working class enough power to overcome fierce opposition from the rich to his agenda. Only working-class people — the vast majority of people of all ages, races, genders, and backgrounds who depend on wages to survive — can do that. For all the resources and effort Sanders puts toward making organizing ourselves easier, fundamentally, it is up to us.

As Osborne says in her final words in the new video, “We need to make things better for everybody now — not in the future, now.”

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Trump's Lying Lawyers Are Doing Permanent Damage to the Justice Department Print
Monday, 15 July 2019 08:36

Millhiser writes: "The Supreme Court now knows that the solicitor general's office can be captured by partisans who are not reliable custodians of the special relationship that office built with the justices over many decades."

Solicitor General Noel Francisco. (photo: Mark Wilson/Getty Images)
Solicitor General Noel Francisco. (photo: Mark Wilson/Getty Images)


Trump's Lying Lawyers Are Doing Permanent Damage to the Justice Department

By Ian Millhiser, ThinkProgress

15 July 19


"Wolf! Wolf! The Wolf is chasing the sheep!"

he Solicitor General of the United States has a unique relationship with the Supreme Court. Unlike other lawyers, the solicitor general routinely makes unproven claims about what the government knows and how the government is constrained, and the court typically trusts these claims.

This relationship of trust grew over many decades, and it is the product of the rigorous process the solicitor general’s office uses to vet such claims with the relevant agencies to ensure that they are telling the truth. Simply put, the Supreme Court trusts the solicitor general’s office because that office spend a very long time demonstrating its credibility.

Even before the Trump administration actively deceived the Supreme Court in Department of Commerce v. New York, the closely watched census case, current Solicitor General Noel Francisco strained his special relationship with the justices to the point where it was starting to fray.

In a 2018 argument, a frustrated Justice Sonia Sotomayor asked Francisco, “How many times this term already have you flipped positions from prior administrations?” It is normal for a new administration to change positions in a few high-profile cases, but this administration abandoned views that the Justice Department held for many years. Often, it did so in ways that undercut the institutional interests of the United States, while benefiting the Republican Party.

The answer to Sotomayor’s question, according to Georgetown law professor Marty Lederman, is at least a dozen times.

Which brings us back to the census case, and then will take us to a document Francisco filed on Friday asking the Supreme Court to stay a lower court decision blocking some of the construction on Trump’s border wall.

The holding of New York is that the Trump administration cannot immediately add a question to the main census form asking about citizenship — a question they almost certainly wanted to ask because it would depress participation in immigrant communities and shift political power to white Republicans — because the administration lied about its real reasons for wanting to ask this question.

The administration claimed, in the Supreme Court and elsewhere, that they wanted to add this question because it would aid their efforts to enforce the Voting Rights Act. Few people believed them, and one of the people who didn’t believe them was Chief Justice John Roberts, who wrote that this rationale “seems to have been contrived.”

After the Trump administration lost the census case, it spent the better part of two weeks playing fast and loose with the facts again. While the census case was pending, the Justice Department told various federal courts at least a dozen times that “the census forms must be finalized for printing by the end of June 2019.”

Yet, for days after that deadline passed, Justice Department attorneys signaled to federal courts that they would continue to fight to include a citizenship question — though Trump himself eventually backed down in a press event on Friday.

The solicitor general’s latest filing involves a case known as Trump v. Sierra Club. In that case, a federal district court blocked the administration’s efforts to transfer $2.5 billion from a pool of money intended to support anti-drug activities to construction of Trump’s border wall.

Among other things, Judge Haywood Gilliam explained in his opinion, federal law only permits such a transfer of funds to address “unforeseen military requirements.” But there’s nothing “unforeseen” about the supposed border emergency justifying a border wall. Trump’s talked about the need for a wall for years.

In any event, Francisco asks the Supreme Court to stay this decision, offering several reasons why the administration thinks that Gilliam misread the statute, and also arguing that the Sierra Club and its co-plaintiffs are not “proper plaintiffs” to challenge this transfer of funds. Francisco also urges the Supreme Court to move quickly, claiming there is a looming deadline that the administration must meet.

“According to [the Department of Defense], under current law the funds at issue ‘will no longer remain available for obligation after the fiscal year ends on September 30, 2019,'” Francisco writes. The Defense Department also claims that it needs plenty of lead time to start construction because the “contracting process necessary to completely obligate the full value of the contracts” is “complex.”

As Lederman noted on Twitter, it’s probably significant that Francisco couches these assertions in language such as “according to DoD.” Having been caught once asserting that a deadline exists that the administration later disavowed, Francisco likely wants to, in Lederman’s words, give himself some “wiggle room.”

Even so, this is still a statement by one of the government’s top lawyers regarding the official position of the administration. And it’s doubtful why any reasonable judge would believe him. It may in fact be true that the Defense Department needs months of lead time to green-light construction before September 30. Or it may not. But the word of this administration means approximately nothing after the census case.

Of course, this Supreme Court is still dominated by Republicans, so it remains fairly likely that they will rule in favor of Trump on the schedule Francisco demanded in the Sierra Club case.

But someday, potentially someday fairly soon, Donald Trump will no longer be president and Noel Francisco will no longer be solicitor general. Nevertheless the cloud of partisanship Francisco raised over his office will remain. The Supreme Court now knows that the solicitor general’s office can be captured by partisans who are not reliable custodians of the special relationship that office built with the justices over many decades.

It cannot unlearn that fact.

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The Media Uses Coal Miners to Attack the Green New Deal - Then Ignores Their Pension Fight Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=45458"><span class="small">Sarah Lazare, In These Times</span></a>   
Monday, 15 July 2019 08:32

Lazare writes: "When coal miners speak against progressive policies, particularly environmental ones, they're more likely to be given a platform. When they issue demands that affect their everyday survival, they're on their own."

A coal-fired power plant. (photo: Getty Images)
A coal-fired power plant. (photo: Getty Images)


The Media Uses Coal Miners to Attack the Green New Deal - Then Ignores Their Pension Fight

By Sarah Lazare, In These Times

15 July 19


In 34 stories about coal miners, the New York Times, Washington Post and Politico did not once cover miners’ pension and healthcare demands.

o stave off the worst effects of the climate crisis, at least 80 percent of coal reserves must stay in the ground, according to a conservative estimate in the journal Nature. This means that coal miners would see their already declining industry all but disappear. The Green New Deal, the resolution put forward by Rep. Alexandria Ocasio-Cortez (D-N.Y.) and Sen. Ed Markey (D-Mass.) for an economy-wide mobilization to address the climate crisis, calls for a “just transition” that guarantees good new jobs for coal miners. Some insist that the “just transition” start now, which is why they are supporting the American Miners Act.

Introduced in the Senate on January 3, the Act protects the pensions of more than 100,000 coal miners whose retirement fund was depleted by the 2008 crash. It also rescues the healthcare benefits of miners whose companies went bankrupt last year.

But you wouldn’t know about this bill, or its sister legislation in the House, from reading the New York Times, the Washington Post or Politico, three influential outlets within the Beltway. None have reported on—or mentioned—the legislation since it was introduced in early January, even though it has the support of the United Mine Workers of America (UMWA) and high-profile cosponsors like Sen. Bernie Sanders (I-Vt.), Sen. Elizabeth Warren (D-Mass.) and Ocasio-Cortez.

Yet these outlets have given considerable space to coal miners and unions to advance other narratives. In a four month period this spring and summer (February 25 to June 25), the New York TimesWashington Post and Politico have published 34 articles and opinion pieces that touch on coal miners or their unions. Collectively, they paint coal miners primarily as a source of votes, and assume that the sole political motivation of that bloc is opposing environmental policies that would close mines.

Seven stories discuss the decline of the coal industry or the new mergers, without mentioning the American Miners Act. Seven describe Democrats’ attempts to reach out to coal miners. One mentions rising suicide rates among coal miners in the Midwest. One includes brief mention of a coal miners’ strike more than a century ago. Only one piece highlights coal miners’ present-day concerns about workplace conditions: an article about silica dust causing a resurgence of black lung, that was produced by Reuters and reprinted by the New York Times. And only one discusses how the Gre­en New Deal could support coal miners.

By far the most frequent reference, in 16 stories, was to depict coal workers as a conservative constituency. These 16 stories either pit coal miners’ livelihoods against robust climate action, reference miners’ support for regressive policies like environmental deregulation, or discuss miners who back President Trump. When coal miners speak against progressive policies, particularly environmental ones, they’re more likely to be given a platform. When they issue demands that affect their everyday survival, they’re on their own.

Politico and the Washington Post gave considerable space to the opposition of coal miners and unions to the Green New Deal, with three articles in this period highlighting the topic. By contrast, only one article, a 855-word opinion piece in the Washington Post, made the case for why coal miners should support the Green New Deal.

Overlooked blue-green alliances

These Green New Deal articles are worth examining, because they establish a narrative that there is an insurmountable divide between elite climate activists and workers just trying to get by. On March 12, the Washington Post ran the headline, “AFL-CIO criticizes Green New Deal, calling it ‘not achievable or realistic.’” The piece centered on a letter of opposition to the Green New Deal co-drafted by Cecil Roberts, the president of the United Mine Workers of America, and Lonnie Stephenson, president of the International Brotherhood of Electrical Workers, on behalf of the AFL-CIO’s energy committee.

Yet, on May 8, when Roberts rallied at Capitol Hill to call attention to the existential threat posed to retired coal miners’ livelihoods, the Washington Post was mum. Alongside the Alliance of Retired Americans, the Association of Flight Attendants (AFA) and multiple members of Congress, Roberts made an impassioned case for the American Miners Act, the aforementioned legislation that would transfer money to the UMWA pension fund, a boon to workers whose benefits were threatened by the Great Recession. “We didn’t get any of the money you sent to Wall Street. You bailed them out,” Roberts shouted from a podium. “What about the people who work for a living in America? What about the people who’ve given their health to America?”

The press conference would have also offered an opportunity to report on alliance-building between coal miners and Green New Deal proponents. And in fact, Sara Nelson, president of AFA and vocal supporter of the Green New Deal, spoke at the press conference. “Flight attendants are here, with our miners, to make sure that miners’ healthcare and pensions are preserved,” she said. “They earned them.”

In a May interview with In These Times, Nelson emphasized the importance of rallying behind the bill. “We need to push to adopt legislation that keeps America’s promise to coal miners of pensions and healthcare,” she said, “as well as addresses black lung— that’s the bare minimum to show good faith that this process of taking on climate change will focus on making coal miners’ lives better, not worse.”

As labor and climate activists grapple with difficult questions about how to transition away from a fossil fuel economy without leaving workers behind, major media outlets remain stuck in a reductive “elite vs. blue-collar” divide. In These Times contributor Michelle Chen noted that this false dichotomy appears throughout a June 1 Politico article, “Labor anger over Green New Deal greets 2020 contenders in California.” The article quotes Jack Pitney, described as “a veteran California political analyst and political science professor at Claremont McKenna College.”

He says there’s a “cautionary tale” for Democrats, who should remember that “West Virginia, until 2000, was considered solidly blue.” Republican strategist Karl Rove, working for candidate George W. Bush, pushed the fact “that the Democratic nominee was Al Gore, author of 'Earth in the Balance,’'’ a fact that didn’t sit well with coal miners, Pitney recalls.

The piece cites unnamed coal miners as a warning to Democrats: If you campaign on the Green New Deal, you will lose elections. But reality is not so simple. While it is true that labor leaders in the building trades and extractive industries have expressed criticism or outright opposition to the Green New Deal, they don’t represent all of labor, nor all of their own rank-and-file membership. As Stanley Sturgill, a retired coal miner, told me at the People’s Climate March in 2014, “I worked underground for 41 years and I have black lung disease. I’m actually having a hard time breathing just to get to this stage. I am marching today because I want to build a bright future for my family, for Appalachia, and for this world. I have a vision where my children, grandchildren, great-grandchildren can have good jobs that support our families without doing damage to our water, air, land and climate.”

And in fact, a survey by the progressive think tank Data for Progress in June found that “union membership is one of the factors most highly correlated with support for Green New Deal policies, as well as the Green New Deal framework as a whole.”

Some unions, locals and labor federations have come out in support of the Green New Deal, including the Service Employees International Union, the San Diego and Imperial Counties Labor Council, the Maine AFL-CIO and the Los Angeles County Federation of Labor. And labor and climate groups worked together to pass landmark climate legislation through the New York legislature in June, thanks in part to the backing of the New York State Amalgamated Transit Union, Teamsters Joint Council 16 and the Communications Workers of America Local 1108. Environmental and workers’ groups have long tried to build cross-movement trust and solidarity, years before the Green New Deal was introduced.

The Black Mesa Water Coalition, for example, has long organized in Arizona to build support within coal mining communities for a just transition from coal. And Kentuckians for the Commonwealth organizes coal mining communities, including coal miners with black lung, to push for a transition away from fossil fuel extraction, rooted in opposition to climate change and the devastating health effects of coal mining. The organization has been talking about the need for a just transition for at least a decade, meaning that coal mining communities deserve partial credit for advancing this concept. In the former coal camps of Lynch and Benham, the organization is working to help residents envision and fight for a just transition to renewable energy, from protesting mountaintop removal to retrofitting homes.

The climate stakes

But perhaps the most glaring omission in Politico’s June 1 article is its failure to reckon with the stakes. Whether to support or not support a Green New Deal is not a question of political strategy to win voters or union support, devoid of context. The UN’s IPCC report, released in October, estimated that we have 12 years to keep global warming under 1.5 degrees Celsius and save hundreds of millions of people from devastating environmental destruction, poverty and death. This is a crisis that hurts poor and working-class people most, particularly those in the Global South, who are already seeing their societies uprooted by intensifying storms, draughts, and sea-level rise. Miners, who are on the front lines of hazardous fossil-fuel extraction, are not spared.

To be sure, a May 7 article in the Washington Post does emphasize the urgency of the climate crisis before noting the concern that it would “put coal miners out of work.” And it is worth noting the one Washington Post op-ed, published April 19, that defends the Green New Deal against critics like Rep. Garland “Andy” Barr (R-Ky.), who dared Ocasio-Cortez to come his district.

“The Green New Deal specifically addresses the need to help people in communities affected by the transition away from fossil fuels,” the article notes. “It calls for “directing investments [to] deindustrialized communities, that may otherwise struggle with the transition away from greenhouse gas intensive industries.”

Yet the 855-word opinion piece may do little to counterbalance the narrative of conservative, anti-environmental coal miners reinforced across many stories. This lopsided focus contributes to the impression that the gulf between coal miners and climate justice campaigners is impossible to bridge.

“Mine workers are not the enemy here, and I think the press does play them out to be,” says Joe Uehlein, the president of the Labor Network for Sustainability, a coalition of labor and environmental groups. “But they're not. They're potential allies if we can wrap our heads around real full-spectrum 'just transition' policies and fight for them.”

Accomplishing this transformation will require nuance and respect for the lives of coal miners who are hurting from dried-up pension funds, something influential media outlets could use more of.

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After a Trend of Magical Thinking and Quick Fixes, Science-Based Solutions May Not Be So Dull Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=51167"><span class="small">Eva Wiseman, Guardian UK</span></a>   
Monday, 15 July 2019 08:29

Wiseman writes: "It's hard to fight miraculous cures to nebulous problems with dull, unphotogenic but science-based solutions. But for every new wellness fad there is a noisy, science-based argument debunking it."

Not everyone felt the wellness love: Gwyneth Paltrow at In Goop Health, London, June 2019. (photo: Darren Gerrish/WireImage)
Not everyone felt the wellness love: Gwyneth Paltrow at In Goop Health, London, June 2019. (photo: Darren Gerrish/WireImage)


After a Trend of Magical Thinking and Quick Fixes, Science-Based Solutions May Not Be So Dull

By Eva Wiseman, Guardian UK

15 July 19

 

ike a worm cut in half, its head regenerating into a new, even angrier worm, the “wellness” trend is one that refuses to die. But this week, its wiggle appeared to wane. A certain weariness had set in. Is this the end of wellness?

The evidence: “I was a huge fan of Gwyneth,” one attendee of Goop’s recent “wellness summit” in London told website Page Six, “Now I feel like I have lost my faith in God.” “GP [Paltrow],” said another, “is a fucking extortionist.” These were people who had spent up to £4,500 on weekend tickets, getting off the tube in Hammersmith as if landing in Lourdes, expecting to leave healed. What do they need healing from, you ask? Well, what have you got? Creepy energy, deep thirst, smell of cardboard, troubled pits, babyish sleeping, bad vagina – the beauty of the term “wellness” is that it encompasses almost everything, and can cost almost anything. Which is why I was excited to see the attendees rebel – a tipping point has been reached. Somewhere among the self-care stations and lavender lattes, a healthless revolution.

The same day that Goop fans revolted, a wellness company called Get a Drip withdrew a £250 “fertility drip” from sale after experts accused them of exploiting vulnerable women. They specialise in intravenous drips of vitamins, with customers reportedly feeling more “alive” when they leave, despite doctors pointing out there’s no scientific evidence they have meaningful impact, that the risks outweigh the benefits, and that they should be used only for people unable to absorb nutrients through their gastrointestinal tract – saying that any positive reaction is due to a placebo effect.

It’s one thing to market IV drips that claim to brighten your skin or make your hair look glossier. It’s quite another, argued Katherine O’Brien at the British Pregnancy Advisory Service, to tell the one in seven couples in the UK that have trouble conceiving, that there is a “quick fix at an extortionate cost”. “There is no evidence that an IV drip of any combination of vitamins can improve a woman’s fertility,” she said. “In promising hope to women at a very desperate time, we are concerned that, aside from providing no real benefit, these drips may be causing real damage to women’s emotional wellbeing.”

Wellness has traditionally been a women’s issue, much like bloating and white jeans, but last year a men’s movement began, only to be tripped up this week for violating Facebook policies. Men’s wellness brand Hims has had online ads for erectile dysfunction medications removed, with Arthur Caplan, director of NYU Langone Medical Center’s Division of Medical Ethics, telling Wired they were “dangerous [and] irresponsible. A lot of people are looking for a quick fix. These direct-to-consumer ads are undercutting the idea that you should be seeing a doctor – which is the wrong attitude.” This came soon after Britt Hermes, a former naturopath turned whistleblower on the “alternative therapy” industry, was awarded the prestigious John Maddox prize for championing science in the face of hostility and legal threats. Some superheroes don’t wear capes. Instead, natty little white coats, with space for a Biro.

The wellness industry thrives due to a collection of complementary ideas, blended hard into a thick juice. One is the alluring mystique of nature, compared with the cold arrogance of Western medicine and its relentless evidence; wellness cures are rarely proven to fail because they can rarely be proven to work. Another is the new idea that health, a place of painless calm and joy, a sort of inner Center Parcs, is the body’s natural state, with any diversion from this an aberration that must be corrected. There is the celebration of wellness in glossy media, with its celebrities and plentiful lifestyle accessories, from crystals to large jade eggs. And there is a gendered claw, with a combination of feminist tropes – the idea that women’s health is misunderstood and the medical establishment ignorant about our bodies – and a sly regifting of the diet industry, this time with detox plans and slimming drips.

It’s hard to fight miraculous cures to nebulous problems with dull, unphotogenic but science-based solutions. But for every new wellness fad – activated charcoal, pink salt, placenta smoothies – there is a noisy, science-based argument debunking it, and increased responsibility from trusted institutions who understand more care is required when representing magical thinking and its premier philosophers. And too, growing acknowledgement of the reasons these quick fixes appeal to so many people, especially those with busy lives and limited healthcare, especially those who have grown up being told that life can be perfected. The worm turns, slowly.

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