The Sunday Times: Texas Talibanistas, take note: freedom will win

The blow to abortion rights is shocking, but this fight is nowhere near over

The Sunday Times

September 7, 2021

The pro-life movement in America finally got its wish this week: a little before midnight on Wednesday, in a 5-4 decision, the Supreme Court ruled against temporarily blocking a Texas state law passed in May, known as Senate Bill 8 (SB8), banning almost all abortions once a heartbeat can be detected by ultrasound — which is around six weeks after conception. The bill will still eventually return to the Supreme Court for a final decision, but by being allowed to stand unchanged it becomes the strictest anti-abortion law in the nation. There are no exceptions for child pregnancy, rape or incest.

But this isn’t the reason for the national uproar. SB8 goes further than any other anti-abortion bill yet crafted because of the way it allows the ban to be enforced. Under the new Texas law, a $10,000 bounty will be awarded to any US citizen who successfully sues a person or entity that helps a woman to obtain an abortion. “Help” includes providing money, transport, medicines or medical aid.

To speed up the process, Texas Right to Life, an anti-abortion organisation, has already set up an anonymous tip line for “whistleblowers”. That’s right, the second-largest state in the union by size and population is turning family against family, neighbour against neighbour, to create its own spy network of uterus police. Welcome to Gilead-on-the-Rio Grande. Cue outrage from all Americans who support legal abortion — and, according to recent polls, they amount to 58 per cent of the country.

There is no doubt that SB8 is a huge victory for the pro-life campaign. Texas joins 24 countries worldwide that have a total or near-total ban on abortion. Outside the big cities, large swathes of America are already abortion-free zones: only 11 per cent of counties have a hospital or clinic that provides such services.

In the short term the outlook for that most basic of human rights, a woman’s control over her body, is dire in America. The combination of a Republican-packed Supreme Court, thanks to Donald Trump’s last-minute appointment of Amy Coney Barrett following the death in September last year of Ruth Bader Ginsberg, and SB8’s sneaky bypassing of federal authority has closed down the obvious routes for legal redress. Moreover, the Senate is tied 50-50, making it impossible for Congress to pass a law mandating a woman’s unrestricted access to abortion. The Texas Talibanistas have gained the upper hand. Similar laws to SB8 will no doubt be passed in other Republican states.

The Texas appeal to vigilantism should also offend everyone who believes in democracy and the rule of law. But — and this may be hard to accept in the heat of the moment — SB8 is a gift to the pro-choice movement.

Pro-life Texans thought they were being clever by avoiding both the Supreme Court and Congress to slip through an abortion ban. But, as the saying goes, be careful what you wish for. “Lawfare” is a two-way street. Critics of SB8 point out that there is nothing to stop California passing a similar bill that enables citizens to bring civil lawsuits against people who utter “hate speech”, or to stop New York deputising bounty-hunters to sue gun-owners. Nor does the legal chaos stop there. SB8 could open the way for railways, car companies and airlines to become liable for providing travel assistance to an abortion-seeking woman, or supermarkets for selling the disinfectant Lysol and other substances that induce abortion. Forget about boycotts for a moment; the threat of a lawsuit is a powerful deterrent to corporations seeking to do business in Texas.

History is not the best predictor of the future. Nevertheless, the disastrous dalliance with prohibition, which lasted for 13 years between 1920 and 1933, offers a salient lesson in what happens when a long-held individual right is taken away from Americans. The non-metropolitan parts of the country forced their will on the urban parts. But drinking didn’t stop; it just went underground. Some states wouldn’t enforce the ban, and other states couldn’t. In Detroit, Michigan, the alcohol trade was the largest single contributor to the economy after the car industry. Prohibition fostered the American mafia, led to a rise in alcoholism, alcohol-related deaths, mass lawlessness and civil disobedience and brought about extraordinary levels of corruption.

There is every reason to believe that abortions will continue in America no matter what anti-abortion zealots manage to pull off. It just won’t be pretty. A recent study published in The Lancet Global Health revealed that the countries with the greatest restrictions not only have the highest termination rates in the world but are also among the least economically successful. This is the club that awaits pro-life America.

The strangulation of women’s rights has been so slow that supporters of Roe v Wade, the 1973 ruling that made abortion legal, were lulled into a false sense of security. They assumed the minority of Americans fighting for a repeal would never overwhelm the will of the majority. SB8 has changed all that. Its underpinnings threaten so many constitutional rights that abortion is going to be front and centre in every state and federal election.

Democracy does work, even if, as with prohibition, it takes to time to roll back injustices. Last year the Virginia state legislature voted to remove more than a decade’s worth of abortion restrictions. This is the body that in 2012 stood accused of “state-sanctioned rape” for passing a bill that required any woman seeking an abortion to submit to an ultrasound first, not by the usual external method but with a transvaginal wand.

Despite what anti-abortion fanatics believe, the US is a pro-choice country. The fight for women’s rights will go on, and on, until the people win.

Historically Speaking: The American Invention of Summer Camp

Since 1876, children have looked forward to their long vacation as a time to build friendships and character.

July  23, 2020

The Wall Street Journal

Hello Muddah, hello Faddah,/Here I am at Camp Granada…

With more than half of the country’s 14,000 summer camps temporarily closed because of Covid-19, millions of children are missing out on experiences that have helped to shape young Americans for nearly 150 years.

I went hiking with Joe Spivey/He developed poison ivy…

Hayley Mills plays twins who meet at summer camp in ‘The Parent Trap’ (1961).
PHOTO: EVERETT COLLECTION

The idea that a spell in the great outdoors builds character has ancient roots. The Spartans practiced a particularly rigorous form: When a warrior-in-training reached the age of 12, he was sent into the wilderness for a year. Those who gave up were barred from attaining full citizenship.

And the head coach wants no sissies/ so he reads to us from something called Ulysses…

But the modern summer camp can be traced to the Transcendentalist movement of the 1830s and ‘40s. Henry David Thoreau and Ralph Waldo Emerson were ardent proselytizers for learning to live at one with nature. Their message resonated with the environmentalist Joseph T. Rothrock, who founded the country’s first sleep-away camp, the North Mountain School of Physical Culture, in 1876 near Wilkes-Barre, Pa. Rothrock believed he could take “weakly boys” from the city and rehabilitate them into healthy young men.

Ernest Balch was moved by ‘the miserable condition of boys from well-to-do families” who spent their summers living in hotels, rather than out in nature. He was still a Dartmouth College student when he founded Camp Chocorura in New Hampshire in 1881. Its emphasis on self-reliance and character-building became the blueprint for other summer camps.

You remember Jeffrey Hardy /They’re about to organize a searching party…

By 1918 there were over 1,000 in the U.S. Charles W. Eliot, a former president of Harvard, went so far as to declare in 1922 that summer camp was “the most important step in education that America has given the world.”

This would have been news to Britain, where Robert Baden-Powell, founder of the Scout movement, had been running his own summer camp since 1907. But American camps were unique in their diversity, with options for every faith and political creed. The oldest camp for Black children, Camp Atwater, was founded in North Brookfleld, Mass., in 1921, at a time when summer camping was segregated; it is still going strong today.

Take me home, oh Muddah, Faddah…

Summer camp retained a wholesome image for decades. Films such as “The Parent Trap” (1961), starring Hayley Mills as separated twin sisters who are unexpectedly reunited at a summer camp, focused on innocent fun. But darker themes were coming. The “Friday the 13th” franchise, launched in 1980, has a higher body count than many war films, with much of the carnage taking place at the fictional Camp Crystal Lake.

Wait a minute, it’s stopped hailing /Guys are swimming, guys are sailing…

But summer camps continued to grow. By the mid-2010s, according to the American Camp Association, they were an $18 billion industry serving 14 million campers every year. The disappointment of missing camp this summer will hopefully make it even more joyful to return next year. As Allan Sherman’s beloved satire concludes: Muddah, Faddah, kindly disregard this letter.

Historically Speaking: The Long Fight Against Unjust Taxes

From ancient Jerusalem to the American Revolution and beyond, rebels have risen up against the burden of taxation.

March 19, 2020

The Wall Street Journal

With the world in the grip of a major health crisis, historical milestones are passing by with little notice. But the Boston Massacre, whose 250th anniversary was this month, deserves to be remembered as a cautionary tale.

ILLUSTRATION: THOMAS FUCHS

The bloody encounter on March 5, 1770, began with the harassment of a British soldier by a crowd of Bostonians. Panicked soldiers responded by firing on the crowd, leaving five dead and six wounded. The colonists were irate about new taxes imposed by the British Parliament to pay for the expenses of the Seven Years War, which in North America pitted the British and Americans against the French and their Indian allies. Whether or not the tax increase was justified, the failure of British leaders to include the American colonies in the deliberative process was catastrophic. The slogan “No taxation without representation” became a rallying cry for the fledgling nation.

The attitude of tax collecting authorities had hardly changed since ancient times, when empires treated their subject populations with greed, brutality and arrogance. In 1st century Judea, anger over the taxes imposed by Rome combined with religious grievances to provoke a full-scale Jewish revolt in 66-73 A.D. It was an unequal battle, as most tax rebellions are, and the resistors were made to pay dearly: Jerusalem was sacked and the Second Temple destroyed, and all Jews in the Roman Empire were forced to pay a punitive tax.

Even when tax revolts met with initial success, there was no guarantee that the authorities would carry out their promises. In 1381, a humble English roof tiler named Wat Tyler led an uprising, dubbed the Peasants’ Revolt, against a new poll tax. King Richard II met with Tyler and agreed to his demands, but only as a delaying tactic. The ringleaders were then rounded up and executed, and Richard revoked his concessions, claiming they had been made under duress.

Nevertheless, as the historian David F. Burg notes in his book “A World History of Tax Rebellions,” tax revolts have been more frequent than we realize, mainly because governments tend not to advertise them. In Germany, 210 separate protests and uprisings were recorded from 1300 to 1550, and at least 1,000 in Japan from 1600 to 1868.

The 19th century saw the rise of a new kind of tax rebel, the conscientious objector. In 1846, the writer and abolitionist Henry David Thoreau spent a night in the Concord, Mass., jail after he refused to pay a poll tax as a protest against slavery. He was released the next morning when his aunt paid it for him, against his will. But Thoreau would go on to withhold his taxes in protest against the Mexican-American War, arguing in his 1849 essay “Civil Disobedience” that it was better to go to jail than to “enable the State to commit violence and shed innocent blood.”

Irwin Schiff, a colorful antitax advocate and failed libertarian presidential candidate, wouldn’t get off so easily. Arguing that the income tax violated the U.S. Constitution, he refused to pay it, despite being convicted of tax evasion three times. In 2015, he died at age 87 in a federal prison—an ironic confirmation of Benjamin Franklin’s adage that “nothing can be said to be certain, except death and taxes.”

Fortunately for Americans at this time of national duress, tax day this year has been mercifully postponed.

Historically Speaking: Overrun by Alien Species

From Japanese knotweed to cane toads, humans have introduced invasive species to new environments with disastrous results

The Wall Street Journal, November 1, 2018

Ever since Neolithic people wandered the earth, inadvertently bringing the mouse along for the ride, humans have been responsible for introducing animal and plant species into new environments. But problems can arise when a non-native species encounters no barriers to population growth, allowing it to rampage unchecked through the new habitat, overwhelming the ecosystem. On more than one occasion, humans have transplanted a species for what seemed like good reasons, only to find out too late that the consequences were disastrous.

One of the most famous examples is celebrating its 150th anniversary this year: the introduction of Japanese knotweed to the U.S. A highly aggressive plant, it can grow 15 feet high and has roots that spread up to 45 feet. Knotweed had already been a hit in Europe because of its pretty little white flowers, and, yes, its miraculous indestructibility.

First mentioned in botanical articles in 1868, knotweed was brought to New York by the Hogg brothers, James and Thomas, eminent American horticulturalists and among the earliest collectors of Japanese plants. Thanks to their extensive contacts, knotweed found a home in arboretums, botanical gardens and even Central Park. Not content with importing one of world’s most invasive shrubs, the Hoggs also introduced Americans to the wonders of kudzu, a dense vine that can grow a foot a day.

Impressed by the vigor of kudzu, agriculturalists recommended using these plants to provide animal fodder and prevent soil erosion. In the 1930s, the government was even paying Southern farmers $8 per acre to plant kudzu. Today it is known as the “vine that ate the South,” because of the way it covers huge tracts of land in a green blanket of death. And Japanese knotweed is still spreading, colonizing entire habitats from Mississippi to Alaska, where only the Arctic tundra holds it back from world domination.

Knotweed has also reached Australia, a country that has been ground zero for the worst excesses of invasive species. In the 19th century, the British imported non-native animals such as rabbits, cats, goats, donkeys, pigs, foxes and camels, causing mass extinctions of Australia’s native mammal species. Australians are still paying the price; there are more rabbits in the country today than wombats, more camels than kangaroos.

Yet the lesson wasn’t learned. In the 1930s, scientists in both Australia and the U.S. decided to import the South American cane toad as a form of biowarfare against beetles that eat sugar cane. The experiment failed, and it turned out that the cane toad was poisonous to any predator that ate it. There’s also the matter of the 30,000 eggs it can lay at a time. Today, the cane toad can be found all over northern Australia and south Florida.

So is there anything we can do once an invasive species has taken up residence? The answer is yes, but it requires more than just fences, traps and pesticides; it means changing human incentives. Today, for instance, the voracious Indo-Pacific lionfish is gobbling up local fish in the west Atlantic, while the Asian carp threatens the ecosystem of the Great Lakes. There is only one solution: We must eat them, dear reader. These invasive fish can be grilled, fried or consumed as sashimi, and they taste delicious. Likewise, kudzu makes great salsa, and Japanese knotweed can be treated like rhubarb. Eat for America and save the environment.

WSJ Historically Speaking: Undying Defeat: The Power of Failed Uprisings

From the Warsaw Ghetto to the Alamo, doomed rebels live on in culture

John Wayne said that he saw the Alamo as ‘a metaphor for America’. PHOTO: ALAMY

Earlier this month, Israel commemorated the 75th anniversary of the Warsaw Ghetto Uprising of April 1943. The annual Remembrance Day of the Holocaust and Heroism, as it is called, reminds Israelis of the moral duty to fight to the last.

The Warsaw ghetto battle is one of many doomed uprisings across history that have cast their influence far beyond their failures, providing inspiration to a nation’s politics and culture.

Nearly 500,000 Polish Jews once lived in the ghetto. By January 1943, the Nazis had marked the surviving 55,000 for deportation. The Jewish Fighting Organization had just one machine gun and fewer than a hundred revolvers for a thousand or so sick and starving volunteer soldiers. The Jews started by blowing up some tanks and fought on until May 16. The Germans executed 7,000 survivors and deported the rest.

For many Jews, the rebellion offered a narrative of resistance, an alternative to the grim story of the fortress of Masada, where nearly 1,000 besieged fighters chose suicide over slavery during the First Jewish-Roman War (A.D. 66–73).
The story of the Warsaw ghetto uprising has also entered the wider culture. The title of Leon Uris’s 1961 novel “Mila 18” comes from the street address of the headquarters of the Jewish resistance in their hopeless fight. Four decades later, Roman Polanski made the uprising a crucial part of his 2002 Oscar-winning film, “The Pianist,” whose musician hero aids the effort.

Other doomed uprisings have also been preserved in art. The 48-hour Paris Uprising of 1832, fought by 3,000 insurrectionists against 30,000 regular troops, gained immortality through Victor Hugo, who made the revolt a major plot point in “Les Misérables” (1862). The novel was a hit on its debut and ever after—and gave its world-wide readership a set of martyrs to emulate.

Even a young country like the U.S. has its share of national myths, of desperate last stands serving as touchstones for American identity. One has been the Battle of the Alamo in 1836 during the War of Texas Independence. “Remember the Alamo” became the Texan war cry only weeks after roughly 200 ill-equipped rebels, among them the frontiersman Davy Crockett, were killed defending the Alamo mission in San Antonio against some 2,000 Mexican troops.

The Alamo’s imagery of patriotic sacrifice became popular in novels and paintings but really took off during the film era, beginning in 1915 with the D.W. Griffith production, “Martyrs of the Alamo.” Walt Disney got in on the act with his 1950s TV miniseries, “ Davy Crockett : King of the Wild Frontier.” John Wayne’s 1960 “The Alamo,” starring Wayne as Crockett, immortalized the character for a generation.

Wayne said that he saw the Alamo as “a metaphor of America” and its will for freedom. Others did too, even in very different contexts. During the Vietnam War, President Lyndon Johnson, whose hometown wasn’t far from San Antonio, once told the National Security Council why he believed U.S. troops needed to be fighting in Southeast Asia: “Hell,” he said, “Vietnam is just like the Alamo.”