Barefoot And Pregnant

I am hopeful that women–and men who care about women– will save democracy in November. If so, it will be “thanks” to the ideologues on the Supreme Court, especially Justice Samuel Alito. His profoundly misogynistic and intellectually dishonest decision in Dobbs prompted a renewed national conversation over the consequences when judges and legislators presume to over-rule medical professionals.

In November, however, voters won’t just determine the fate of abortion restrictions. Unbelievable as it may seem, there are serious efforts underway to restrict access to birth control.

First, abortion.

Special elections in Red states have uniformly confirmed that–where reproductive rights are concerned–even political identities take a back seat. A large number of polls confirm that support for abortion bans has plummeted in the wake of Dobbs. Although I’d seen a number of polls showing substantial gains in support for reproductive rights, I was surprised to read that a recent Axios-Ipsos poll found 81% of Americans agreeing with the statement “abortion issues should be managed between a woman and her doctor, not the government.” That number included 65% of Republicans, 82% of Independents and 97% of Democrats.

The dilemma for Republicans is very real, because a substantial portion of their base remains extreme on the issue. A Republican candidate who tries to soften the party’s draconian stance on abortion in order to appeal to voters turned off by  intransigence on the issue will be vilified–and deserted–by the party’s zealots. And since those zealots are the voters most likely to turn out for primary elections, Republicans in Red states will run hard-Right culture warriors in November. Here in Indiana, Republican Senate candidate Jim Banks wants a national abortion ban with zero exceptions. (If the woman dies, well, them’s the breaks, baby…) Even in Indiana, that’s not a popular position.

In November, voters in a number of swing states will face referenda on abortion. Democrats promising to codify Roe and explicitly repeal the Comstock Act should get a boost.

Then there’s birth control.

American women should hope the federal government stays in Democratic hands, because forced birth Republicans aren’t going to be satisfied with banning abortion. They’re coming for birth control too.

It may surprise many people that there is a a concerted effort going on quite literally under their noses—on the screens of their smartphones, tablets, and laptops—to sow distrust, uncertainty, and fear of ordinary birth control among this country’s young people and particularly, young women.

In most instances the folks responsible for fostering this distrust are the same people vehemently opposed to abortion. Their failure to see any dissonance in advocating such contradictory positions might be perplexing—if you didn’t take their motivation into account. It’s the natural fulfillment of what they would consider an ideal society: one where men are in control, and women know their place.

Salon has recently tracked a sophisticated and well-financed Rightwing “information blitz” on social media, warning of the hazards of birth control.

Emboldened by the Supreme Court’s decision to overturn Roe v. Wade, they’ve now trained their focus on hormonal birth control, hysterically amplifying its alleged “hazards” to create a narrative of uncertainty ripe for what they see as the conservative-dominated highest court’s next logical step….

Physicians say they’re seeing an explosion of birth-control misinformation online targeting a vulnerable demographic: people in their teens and early 20s who are more likely to believe what they see on their phones because of algorithms that feed them a stream of videos reinforcing messages often divorced from scientific evidence.

One “influencer” candidly shared his motivations:

With fewer women on the pill, more women will become mothers, and some of them will drop out of the workforce and discover fulfillment and happiness as wives and homemakers. This is the real crisis that the Washington Post and the other Left wing rags are worried about. The last thing that the elites want to see is a movement of women fully embracing their own womanhood, and men fully embracing their manhood.

During the fifty years between Roe and Dobbs, most Americans shrugged off the efforts of “pro-life” activists, assuming that the Supreme Court would not overturn a settled constitutional right. Most reasonable people have a similar reaction to warnings that access to birth control will be next. (Those people haven’t read Justice Alito’s decision in the Hobby Lobby case.)

Fanatics who want to take this country back to a time before there were “uppity” women (and gays and Blacks) are a minority. But they are zealous and committed and a lot of them are running for office.

Women aren’t returning to “barefoot and pregnant” status. Voters–male and female– who understand what’s at stake will vote Blue in November. I hope there are enough of them.

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Never Thought I’d Live To See This…

One of the dubious benefits of living a long time is that you live through really striking cultural and institutional changes. During my lifetime, I’ve seen changes I consider very positive–the expansion of women’s rights, gay rights, civil rights, an internet connection to virtually all of human information, ease of global travel…I could go on and on.

But I’m also around to see the backlash to all of that. And even weirder, I’ve lived to see a Republican Party that once rabidly opposed Communism and “the evil empire” embrace authoritarianism and Vladimir Putin’s Russia.

A while back, I shared a folk song from the Sixties  that made fun of the John Birch Society and its habit of seeing “commies”  under every bush. (“If mommy is a commie then you’ve got to turn her in.”) Back then, the political Right was focused–frequently far too focused–on the dangers of totalitarianism and authoritarianism and government control of the economy.

If you had told me back then that the GOP would “evolve” into a party of pro-Russian apologists, I’d have asked you what you were smoking. But here we are.

A recent discussion at Persuasion was titled “When Hatred of the Left Becomes Love for Putin,” and contains the following observations:

According to Hungarian Prime Minister Victor Orbán, Republican presidential nominee Donald Trump will quickly end the war in Ukraine if he is elected, by refusing “a single penny” of aid and effectively forcing the country’s capitulation to Russia. The statement, which followed Orbán’s meeting with Trump last month, is a stark reminder of the extent to which the Trumpified GOP is becoming the anti-Ukraine party, a far cry from early bipartisan support for Ukraine’s fight against Russian aggression. And while opposition to aid to Ukraine doesn’t necessarily entail support for Vladimir Putin—common rationales include that the United States must focus on domestic problems or on the more dangerous threat from China, or that Ukraine can’t win and prolonging the war only means more death and suffering—Putin-friendly themes have been increasingly prominent on the right. At this point, pro-Putinism is no longer an undercurrent in right-wing rhetoric: it’s on the surface.

Granted, not all Putin-lovers are similarly motivated.

For some, their hatred of the American left overrides any feelings they have about Putin. Others are more ideological: they oppose the Western liberal project itself. Untangling these different strains is key to explaining why so many on today’s right embrace views that, until recently, would have gotten them branded Kremlin stooges by other conservatives.

The article references Tucker Carlson– his recent, adoring trip to Moscow and his fawning interview of Putin.

The interview was a two-hour lovefest in which Putin and his lies went unchallenged except for some polite pushback on Evan Gershkovich, the American journalist held in Russia on phony spying charges. Then, Carlson topped this with gushy videos extolling the wonders of the Soviet-built Moscow subway and of Russian supermarkets.

And it cited an article from the Federalist published the day after Russia’s invasion of Ukraine:

Author Christopher Bedford, former head of the Daily Caller News Foundation and a prolific contributor to right-of-center media, not only bluntly stated that “a lot of us hate our elites far more than we hate some foreign dictator” but admitted finding a lot to admire in said dictator—for instance, Putin’s unapologetic defense of Russia’s “religion, culture and history,” while Western elites denigrate and apologize for theirs.

Today’s GOP has abandoned even the remnants of genuine conservatism; today, the party is hysterically “anti-woke”–a cult focused on culture war efforts to return straight White Christian males to social dominance.

It’s hardly news by now that many American right-wingers see Putin’s Russia as the antithesis of Western “wokeness.” This is especially true with regard to sexual and gender norms: I noted the beginnings of this trend in 2013, when several right-wing groups and conservative pundits praised a Russian law censoring “propaganda” of homosexuality. Discussing the phenomenon recently in the context of the GOP’s anti-Ukraine turn, David French pointed to such examples as far-right strategist Steve Bannon’s praise for Putin’s “anti-woke” persona and Russia’s conservative gender politics, or psychologist Jordan Peterson’s suggestion that Russia’s war in Ukraine was partly self-defense against the decadence of “the pathological West.”…

The article notes that, for some Republicans, pro-Putin rhetoric indicates a radical rejection of liberalism, even the classical  liberalism of John Locke and John Stuart Mill. It quotes the “near-panegyric” to Putin in a 2017 speech by Claremont Institute’s Christopher Caldwell at Hillsdale College, and notes that both Claremont and Hillsdale are “intellectual hubs of Trumpist national conservatism.”

Read the entire essay. This isn’t remotely the GOP of my youth…..and it’s scary.

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The Pessimism Of The Elites

A while back, in one of Thomas Edsall’s weekly columns for the New York Times , he surveyed a variety of scholars on the question whether America is at a point of no return– whether crises he described as insoluble (cultural and racial conflict; a two-tier economy, one growing, the other stagnant; inequality and economic immobility; and a divided electorate based on educational attainment) taken together, foreshadow the country’s inevitable decline.

The scholars who responded  were uniformly pessimistic.

As one of them wrote, his concerns were based upon the fact that today’s Americans seem to have lost the ability–critically important to democracies– to reform ourselves and correct mistakes.  What worries him most, he wrote, is

the decline in a common American identity. Americans lead increasingly separate and different lives. From “out of many one” no longer applies. This is truly dangerous, as this is a country founded on an idea (rather than class or demographic homogeneity), and that idea is no longer agreed on, much less widely held. I am no longer confident there is the necessary desire and ability to make this country succeed. As a result, I cannot rule out continued paralysis and dysfunction at best and widespread political violence or even dissolution at worst.

Other respondents pointed to economic stresses, especially the enormous gap between the rich and the rest, and profound shifts in cultural values. Pippa Norris, one of America’s most perceptive scholars, focused on the weaknesses inherent in two-party systems, which are most vulnerable to democratic backsliding when voting publics become polarized.

Where there is a two-party system despite an increasingly diverse plural society and culture, where multidimensional ideological polarization has grown within parties and the electorate and where there are no realistic opportunities for multiparty competition, which would serve as a pressure-valve outlet for cultural diversity, as is common throughout Europe.

Norris noted that political systems struggle to provide outlets for “alternative contenders” who reflect the new issue agendas of the Left and Right.

The longer this continues, the more the process raises the stakes in plurality elections and reinforces us-them intolerance among winners and especially losers, who increasingly come to reject the legitimacy of the rules of the game where they feel that the deck is consistently stacked against them.

She ties the grievances of those “losers” to their willingness–eagerness–to accept false claims.

The most plausible misinformation is based on something which is actually true, hence the great-replacement theory among evangelicals is not simply made-up myths; given patterns of secularization, there is indeed a decline in the religious population in America. Similarly for Republicans, deeply held beliefs that, for example, they are silenced, since their values are no longer reflected in mainstream media or the culture of the Ivy Leagues are, indeed, at least in part, based on well-grounded truths. Hence the MAGA grass-roots takeover of the old country club G.O.P. and authoritarian challenges to liberal democratic norms.

Edsall’s column quotes other, equally pessimistic, responses, offering still other analyses of what is undermining America’s unity and sense of purpose. Adding to the “doom and gloom” predictions, a former member of a Republican administration wrote that,

if the G.O.P. wins in 2024 or even wins enough to paralyze government and sow further doubts about the legitimacy of our government and institutions, then we drift steadily toward Argentina-style populism, and neither American democracy nor American prosperity will ever be the same again.

All of the observations quoted in the column are grounded in contemporary realities. They are based upon thoughtful and considered scholarly reviews of vetted data.

But.

There are definitely aspects of our contemporary situation that are new–challenges that previous Americans didn’t face. That said, however, acknowledging that fact is not the same as concluding that these times and challenges are more dangerous or perilous than those we’ve previously faced and overcome. Goodness knows I’m no Pollyanna (as anyone who reads these daily posts can confirm!), but a reasonable acquaintance with American history might help to put our current hostilities into context. One of the reasons to subscribe to the very popular Substack of historian Heather Cox Richardson is precisely because she offers that context, reminding readers that we have emerged from past conflicts that have also threatened to destroy what I insist upon calling “The American idea.”

If–and I grant it’s a big “if”–America comes through the November elections having rejected the MAGA haters and malcontents, the very best thing we can do to heal our fragmented body politic is strengthen education in accurate American history and especially civics.

It’s hard to encourage citizens to embrace “The American Idea” if they don’t know what that is.

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Saving The World

I sometimes wonder what historians living a hundred years from now–assuming there’s still a planet populated with humans a hundred years hence–will dub these times? The Age of Chosen Stupidity? The Age of Tribal Reversion? Or perhaps The Age of Angst? (I think the Age of Anxiety has been taken…at least in poetry..)

It sometimes seems as if Americans who engage in or follow politics are divided into two camps. One is angry, resentful and acting-out (shorthand: MAGA), and the other is reacting to them with worry and anxiety. I know that I fall into that second group, and assuming my Facebook feed is representative, there are a lot of other people who are equally concerned about the threats to democracy, civility and the rule of law, and depressed by the seeming inability of individual action to counter those threats.

People who are “control freaks” (I plead guilty) are particularly affected by perceptions of powerlessness: tell me the only way to solve a problem is to climb that mountain, and I’ll put on my hiking boots. Tell me there is little or nothing I can do to solve that problem–that my small, local efforts really can’t make much of a difference– and I get depressed.

In the run-up to what will be an enormously consequential election, a lot of us feel pretty helpless.

But I recently came across a message that I found helpful.

The “Spark of Genius” newsletter highlights good news–progress on saving the environment, medical breakthroughs that save lives, government innovations addressing persistent problems. The linked issue addresses the anxieties of people frustrated by limits to our individual effectiveness; it was titled “Stop Trying To Save the World.”

When we try to be the hero, we act as if one person alone must do something great and heroic to enact change. We give ourselves too much importance.

When we employ a “yes, and” approach, we pile so many roles and responsibilities on ourselves that we can’t focus on what matters most. We give ourselves too many priorities.

But there’s a third way we can try to do too much. We try to take on the whole wide world and all its problems. Our scope is too broad. We forget that simply tending to our own lives and making authentic human connections is almost always the most impactful thing we can ever do.

The author acknowledges the multiple challenges we face:

the climate crisis, biodiversity loss, economic inequality, diseases of despair, pandemics, growing authoritarianism, terrorism, gun violence, runaway technological advancement, the erosion of shared knowledge and meaning, and much more. Together, these individual crises all complicate, exacerbate, and deepen one another, creating a knot of crises.

On top of all that, our experience of these crises is a crisis itself. Living with the troubling challenges of our world so often elicits anxiety, despair, and existential dread within us. This existential crisis then erodes our capacity to address the world’s more tangible challenges. As our capacity erodes, the problems intensify, and our existential crises deepen even further, and on and on. It’s the ultimate “wicked problem.”

As the article notes, caring people see the immensity and complexity of these challenges, which leads to a growing existential dread about the likely outcome and especially about one’s complicity in that outcome. Good people “yearn to do something meaningful that truly contends with this immensity and complexity.” But most of us are not in a position to save the world.

Because of that, perhaps the most strategic, elegant, all-encompassing contribution to the meta-crisis any of us can offer is simply showing up in our actual lives with more vulnerability, kindness, compassion, and courage. It’s making authentic human connections the very foundation of our lives and careers. It’s showing up to life with more heart…

Don’t overthink it. To get straight to the heart of the meta-crisis, you can just go straight to your own heart. It really can be as simple as that, if you let it.

The author is certainly not suggesting that the major innovations and breakthroughs that the newsletter reports are unimportant. The point is that most of us can only do what we can do– and that when we do whatever it is we are able to do with more kindness and courage, it really does make a difference.

If millions of Americans were to take that advice to heart, if millions of us model civility and helpfulness while we do the “small stuff”–registering voters, writing postcards, donating to campaigns, etc.– it really would make a difference. Maybe we can’t  save the world, but we can improve our little corners of it.

And if enough people did it, maybe it could save the world.

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What Is The Comstock Act?

During the recent Supreme Court argument over Mifepristone, Justices Alito and Thomas both raised the possibility that a case brought under the Comstock Act would be stronger than the one being argued. (Legal scholars have noted the multiple deficiencies in the current case, which–had Trump not appointed an intellectually-dishonest extremist to a Texas federal judgeship–would never have reached the Supreme Court.)

What, you may ask, is the Comstock Act?

Back in 1999, I edited “Free Expression in America: A Documentary History” for Greenwood Press. Producing the book required me to identify, reprint and explain documents that told the evolving story of America’s free speech jurisprudence. I began with “Foundations of Liberty”–the Magna Carta, Areopagitica and Cato’s Letters–proceeded through Common Sense, the Virginia Declaration of Rights, the First Amendment and several others, and on through America’s various battles with censorship to the late 1990s.

In a section titled “1900-1950: A Half-Century of Paternalism” I included “Birth Control and Public Morals: An Interview with Anthony Comstock.” I introduced the interview by noting that contemporary readers might come away considering Comstock a caricature. (Even at his most influential, he was widely ridiculed.) Comstock founded the Society for the Suppression of Vice, and he saw vice pretty much everywhere he looked. He campaigned against the publication of “vile books,” which he argued were responsible for “debauching” young men, and it isn’t an exaggeration to say that he considered any publication dealing in any way with sex to be “vile.” He was particularly offended by then-current efforts to provide women with birth control information.

The Act reads as follows:

Every article, instrument, substance, drug, medicine, or thing which is advertised or described in a manner calculated to lead another to use or apply it for producing abortion, or for any indecent or immoral purpose; and

Every written or printed card, letter, circular, book, pamphlet, advertisement, or notice of any kind giving information, directly or indirectly, where, or how, or from whom, or by what means any of such mentioned matters, articles, or things may be obtained or made, or where or by whom any act or operation of any kind for the procuring or producing of abortion will be done or performed, or how or by what means abortion may be produced, whether sealed or unsealed; and

Every paper, writing, advertisement, or representation that any article, instrument, substance, drug, medicine, or thing may, or can, be used or applied for producing abortion, or for any indecent or immoral purpose; and

Every description calculated to induce or incite a person to so use or apply any such article, instrument, substance, drug, medicine, or thing—

Is declared to be non-mailable matter and shall not be conveyed in the mails or delivered from any post office or by any letter carrier.” 

The Comstock Act was passed in 1873, and although it hasn’t been explicitly repealed, most lawyers believe that intervening case law has rendered it unenforceable. 

Justices Alito and Thomas are so intent upon banning abortion they have evidently overlooked the sweep of the Act, which would go far, far beyond preventing abortifacients from being mailed. Comstock was intent upon preventing the dissemination of anything and everything he found “vile,” including, in his own words “intemperance, gambling and evil reading.” He classed contraceptives with pornography, and when questioned about that, replied that “If you open the door to anything, the filth will pour in and the degradation of youth will follow.”

Even during his lifetime, Comstock was widely regarded as an unbalanced anti-sex zealot; his Society for the Suppression of Vice was intent upon censoring books, magazines or other materials describing or touching on sex, very much including medical information and information about contraception. (The Comstock Act at one time prevented the mailing of anatomy textbooks to medical students.)

In Comstock’s fanatic view, “Any indecent or immoral use” covered a lot of ground, much of it misogynistic. There’s a reason a recent biography of him is titled “The Man Who Hated Women.”

Trying to resuscitate Comstock’s “zombie law” will raise some interesting legal questions. Can the anti-abortion provisions be severed from the clearly unconstitutional censorship provisions of the Act? Does the prohibition against use of the U.S. mail extend to Federal Express and other private carriers? 

Are Alito and Thomas so desperate to control the lives and reproductive liberties of American women–so desperate to take us back to a time when women were breeding property– that they’re willing to revive Comstockery

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