FALL 2017 The Public Eye

In this issue: Hiding in Plain Sight: An American Renaissance of White Nationalism Will Corporations, the Christian Right, and the Tea Party Get to Rewrite the Constitution? Prenatal Diagnosis, Reproductive Rights, and the Specter of Eugenics Life’s Work: A Conversation with Dr. Willie Parker editor’s letter

THE PUBLIC EYE QUARTERLY

PUBLISHER In Charlottesville, Virginia, this August, Heather Heyer became the latest casualty of Tarso Luís Ramos White nationalism—one of nearly 450 people the U.S. Far Right has killed since 1990. EDITOR When President Trump condemned the violent neonazi marchers in Charlottesville only Kathryn Joyce reluctantly and temporarily, it wasn’t courageous; it was too little, too late. We require far COVER ART more from our elected officials. We call on them to uphold our common humanity as they Jennifer Luxton consider changes to immigration, healthcare, and education, and the need for just foreign policy, law enforcement, and distribution of taxes to fund vital public services. We have no LAYOUT Gabriel Joffe intention of stopping bigotry on the streets only to suffer its continued codification in the laws of our land. PRINTING Red Sun Press The Unite the Right rally Heyer was protesting didn’t arise overnight. Rather, it was de- signed, over months, to be the largest gathering of its kind in at least a decade. Several EDITORIAL BOARD weeks earlier, many of the same activists gathered in Tennessee, at the 27th American Frederick Clarkson • Alex DiBranco Gabriel Joffe• Kapya Kaoma Renaissance conference (pg. 3). Our reporter, Donna Minkowitz, was in attendance, and Greeley O’Connor • L. Cole Parke found at this “annual spectacle of ‘gentlemanly,’ ‘decorous’ White supremacy” a sort of Tarso Luís Ramos • Zeina Zaatari gateway drug for people new to White nationalism. Clad in business wear and pseudoscien- tific rationales, venues like American Renaissance help lay the groundwork for more overt The Public Eye is published by racist demonstrations elsewhere. Political Research Associates While the rise of naked bigotry has horrified many, these movements are not unstop- pable. In an online exclusive, writer Shane Burley delves into the fissures in the Alt Right/ Tarso Luís Ramos Alt Light coalition that predated and helped lead to the deadly rally in Charlottesville. The Executive Director two groups had come together as an uneasy but potent alliance, as the Alt Right viewed Sarah Burzillo the less ideologically-pure Alt Light as its path to mainstream political power: “a ‘stopover’ Finance Manager point on the road to authoritarianism.” But over the past year, and particularly since Char- Cloee Cooper lottesville, that coalition has strained, presenting an opportunity for progressives to break Research Analyst their momentum. Gabriel Joffe In addition to resurgent White nationalism, an equally unsettling movement has been Program Coordinator building more quietly around the call for a Convention of States (pg. 9) that could radical- Kapya Kaoma ly rewrite the U.S. Constitution. As Peter Montgomery reports, the Right’s long-term vision Research Analyst isn’t just to roll back individual rights, but to dismantle the federal government. One under- Greeley O’Connor reported means to that end is right-wing campaigns to trigger the constitutional mecha- Communications Director nism for a gathering of states to propose new amendments. That’s no pipedream; currently, L. Cole Parke one such effort has 28 of the 34 states necessary to call a “Constitutional Convention.” And Research Analyst if it’s held, Montgomery notes, there’s almost no limit to what it could do. As one leader re- Shayna Parker Operations Coordinator marked, at a preparatory conference simulation last year, a Convention of States can bypass Jennifer Worden the president, Congress, and the Supreme Court. “Anything is possible.” Development Director Amid these broader battles, the Right continues to chip away at reproductive health care. Zeina Zaatari Scholar Diane Paul looks at the emergence of an anti-abortion “regulatory moment” Research Director around pre-natal testing (pg. 15) that uses disability rights rhetoric to ban more abortions. As prenatal testing has become cheaper and safer, Paul writes, both anti-abortion and dis- Fellows ability rights advocates have worried that ubiquitous testing will lead to more “eugenic” Frederick Clarkson • Nia Evans • Tope Fadiran abortions to avoid the birth of children with disabilities or genetic abnormalities. While Spencer Sunshine • Mariya Strauss this subject is emotionally fraught and morally complex, the Right’s proposed solutions are Interns as disingenuous as their earlier co-option of feminist and anti-racist rhetoric to ban race- Allison Puglisi • Ashrita Rau • Cam Haigh and sex-selective abortions. As one disability rights activist has noted, this latest right-wing Board of Directors campaign is intended most of all “to divide and conquer.” Dania Rajendra, Chair While progressive values are under attack on myriad fronts, it’s important to remember Katherine Acey • Paulina Helm-Hernandez the positive values that motivate us. Patti Miller finds some of these in speaking with Ala- Lynette Jackson • Janet Jakobsen bama abortion provider Dr. Willie Parker, about his new book Life’s Work: A Moral Argu- Hamid Khan • Jenny Levison • Scot Nakagawa ment for Choice (pg. 20). As Parker tells Miller, “I derive that sense of the sacred from my Mohan Sikka • Zeke Spier calling to help women in need realize their God-given gifts and agency…To talk about my Carla Wallace • Susan Wefald life’s work in these terms is a counter-narrative to all the mischief that is being done in the Founder name of Christianity.” Jean V. Hardisty, Ph.D. In between issues, PRA will continue its coverage and analysis of the Right, with new blog posts, online-only features, and reports every week, so make sure to follow us at po- 1310 Broadway, Suite 201 liticalresearch.org. Somerville, MA 02144-1837 Tel: 617.666.5300 Kathryn Joyce [email protected] © Political Research Associates, 2017 All rights reserved. ISSN 0275-9322 ISSUE 92 www.politicalresearch.org BY DONNA MINKOWITZ

Hiding in Plain Sight An American Renaissance of White Nationalism

rom July 28-30 in Burns, It’s no accident that Taylor uses TN, nearly 300 White men his Yale alumni email address for in suits and ties—and a American Renaissance commu- smattering of women—at- nications; that conference-goers Ftended a sold-out American Re- talk rapturously about the annual naissance conference, business after-party hosted by wealthy Klan consultant Jared Taylor’s annual lawyer Sam Dickson at an onsite spectacle of “gentlemanly,” “dec- bungalow conference-goers call orous” White supremacy. the “villa”; or that Taylor is one Many of the same individuals of the Alt Rightists most fiercely Tarso Luís Ramos and organizations who showed opposed to discussing economic Executive Director up at “AmRen” would also turn Sarah Burzillo out for the violent, openly Nazi- inequality. (In a 2014 speech, Finance Manager signaling march in Charlottes- Taylor called income inequality Cloee Cooper ville two weeks later. But at this a “phony debate,” and falsely im- Research Analyst confab, intended to attract White plied that Whites are little rep- Gabriel Joffe resented among the poor.4 This Program Coordinator people just beginning to dabble in contrast with other White na- Kapya Kaoma in White nationalism, they hid Research Analyst their ideology behind the benign- tionalist leaders, including Am- Greeley O’Connor sounding language of “White ad- Ren attendees Richard Spencer Communications Director vocacy” and “race realism.” and Greg Johnson, who express L. Cole Parke “Race realism” is vitally im- anger about exponentially rising Research Analyst portant to understanding White income inequality but blame it on Shayna Parker nationalists’ attempts to recruit Operations Coordinator “the Jews.”) beyond their base, based on two Jennifer Worden Taylor takes the aristocratic Development Director supposedly scientific “realistic aura of his 27-year-old organiza- Zeina Zaatari facts.” First, that White people tion very seriously. When I asked Research Director surpass people of color in intel- him what demands he thought ligence, as “proven” by racially- Image: www.amren.com White nationalists should make Fellows biased IQ tests, and second, that Frederick Clarkson • Nia Evans • Tope Fadiran men will wear jackets and ties—equiva- of the government, he demurred: “De- criminal justice statistics prove people Spencer Sunshine • Mariya Strauss lent dress for ladies,” a dress code that mands are not gentlemanly.” of color’s supposed criminality. A third Interns gambit is that history proves “increasing Taylor told me was instituted because it Yet there is no actual evidence that Am- Allison Puglisi • Ashrita Rau • Cam Haigh hatred and violence”1 occur when differ- “encourages a certain deportment and Ren attendees have higher incomes than Board of Directors ent races live together. With these pseu- demeanor” that bespeaks “civilization.” other White people as a group. The most Dania Rajendra, Chair The dress code, Taylor’s theatrically stern important reason for the AmRen dress Katherine Acey • Paulina Helm-Hernandez doscientific claims, White nationalists request that attendees not scuffle with code is the semblance—not the fact—of Lynette Jackson • Janet Jakobsen strive to recruit White people resistant to 2 Hamid Khan • Jenny Levison • Scot Nakagawa explicit slurs. protesters, conference organizers’ po- ruling-class membership. Speakers and Mohan Sikka • Zeke Spier AmRen, one of only two U.S. White- liteness with media, and AmRen’s un- attendees at the conference kept point- Carla Wallace • Susan Wefald supremacist conferences open to the spoken ban on antisemitic talk were all ing out the visual difference between press, does all it can to project an image intended to make the event seem legiti- themselves and the protesters outside. Founder palatable to the unconverted, who might Jean V. Hardisty, Ph.D. mate and respectable, a worthy entrant “We have the best people,” attendee be turned off by people wearing Nazi re- into mainstream political discourse. @Manly_Task noted triumphantly on 1310 Broadway, Suite 201 galia, issuing openly antisemitic rants, Twitter, posting a photo of seated confer- Somerville, MA 02144-1837 or flaunting weapons or racist skinhead ASPIRATIONAL SUPREMACY ence-goers in business clothes and con- Tel: 617.666.5300 tattoos. 3 [email protected] But an additional purpose of all this servative haircuts. Another Alt Rightist © Political Research Associates, 2017 Instead, attendees are told, “gentle- is to make the gathering seem patrician. tweeted back, “Imagine being a normie All rights reserved. ISSN 0275-9322 ISSUE 92 www.politicalresearch.org FALL 2017 Political Research Associates • 3 and seeing some weird, poorly dressed nomic system where only the top five nos, and immigrants are “given” the per- youths harassing a group of well-dressed percent can be sure of getting the health quisites that should be theirs “by right.” white men. Wonderful optics at #Am- care, housing, and social supports they Retired Danish academic psychologist Ren.” need. Meeting baseline economic needs Helmuth Nyborg supplied “data” to sup- From the AmRen stage, Taylor called wasn’t their only goal, though. In essays, port this notion in the first presentation the shorts- and t-shirt-clad protesters tweets, and conversations, White nation- of the conference: a 45-minute Power- “neither beast nor human,” and in an in- alists also imagine that cultural expres- Point about his “Thermodynamic Solar terview, identified them as “trash,” while sion, important work, lovely surround- Irradiance Selection (TSIS) Hypothesis,” Nathan Damigo, founder of the antise- ings, and deep social ties will be provided which postulates that, for evolution- mitic, White supremacist campus group in the White ethnostate of the future. ary reasons, “high intelligence” and the potential for “high civilization” are found only in those human beings When AmRen attendees spoke about an imagined future whose ancestors were born in cold White ethnostate, they were fantasizing about a world climates. Nyborg, who’s been getting White supremacist work published where “their talents” would be richly rewarded. in academic journals for 30 years, showed charts depicting the relative brain sizes and IQs of people whose Identity Evropa, tweeted a photo of his There’s a reason beautiful art and ar- genes are alleged to have developed in members attending AmRen, dressed for chitecture from ancient Greece and “very cold, cold, average, warm, and all the world like the Young Bankers As- Rome has become a vital visual motif for very warm climates.” Nyborg argued sociation of Louisville. Shortly thereaf- White nationalism—the flip side of Pepe that “Northern brains” had given birth to ter, Damigo tweeted, “There is nothing and his deliberate, vicious crudeness. most positive traits in society, including inherently or morally wrong with privi- American Renaissance sports an Ionian “altruistic sociability” and “potential for lege.”5 Yet while Identity Evropa mem- column as its logo; Counter-Currents has democracy.” Explaining away an obvious bers had barrels of White privilege, it’s used a carved, bearded male head from challenge to this theory, he suggested, unclear that they had all that much of the ancient Greek statuary. The National “The ancient Egyptian, Greek, and Ro- economic kind; Damigo himself is an ex- Policy Institute (NPI) has employed other man empires may have been started by con and former Marine enlistee who has august, ancient Greek heads along with central European immigrants, from very described his experiences with severe Doric columns, and Identity Evropa has cold climates, who moved south!” PTSD,6 and who didn’t go to college until a fake Latin name. These groups project In fact, all human ancestry can be he was 28. Other IE members attending the beauty and meaningfulness of a part traced to Africa, and it’s hard to say where included a New York City-based veteran of our collective past7 onto an imagined any individual’s genes “developed,” given now in nursing school, and a young man future in which they envision White peo- the long history of human migration and from the lower-middle-class neighbor- ple being able to realize their humanity mixing. But as he spoke, young White hood of Bay Ridge, Brooklyn. in a way not currently available to anyone people in the audience listened raptly. The three-day conference costs $150 under capitalist society. Nyborg showed a map borrowed from to attend—not something the abject poor Charles Murray, author of the notorious could afford, but something working- CREATING A BELIEF IN “WHITE INTEL- book The Bell Curve, to illustrate that “al- and middle-class folks could save up for. LIGENCE” most all the major advancements in sci- (Students got a discount.) The confer- Underlining this “unique” ability of ence and the arts since the 14th Century” ence hotel costs $89 a night, but AmRen White people to suffer and experience came from White males whose ancestors also provides a list of cheaper motels in beauty, four of the six major confer- were born in a tiny, circumscribed chunk the area, and it’s possible to camp onsite ence talks were about White people’s of Europe that excluded, among other in the park for less still. inherent “high IQ” and creativity (or as nations, Ireland, Southern Italy, Greece, While the White supremacist move- Damigo tweeted, their “cognitive privi- and Spain.8 ment is partly about protecting privilege, lege,” which is “where White privilege That pointed to another way AmRen’s that is not its only draw—for many, it’s originates”). Both rank-and-file confer- White supremacy was aspirational: the also aspirational. ence-goers I interviewed, like Minnesota idea that some White groups—primar- When AmRen attendees spoke about nurse Joan Harris, and AmRen speakers ily Irish and Southern Europeans—are an imagined future White ethnostate, like John Derbyshire, of the virulently an- inherently less intelligent and civilized they were fantasizing about a world ti-Black, anti-immigrant group VDare, than other White people; in effect, less where “their talents” would be richly re- were passionate about this notion. They White. Derbyshire, who is British-born, warded—something they see impeded concluded that the reason even White joked about Irish stupidity and licen- by the improper advancement of people Americans don’t have all their needs met tiousness.9 Taylor said he opposed Polish of color over themselves, and not an eco- is that “low-IQ” African Americans, Lati- immigration to Western Europe. Mean-

4 • The Public Eye FALL 2017 while, Nyborg declared that the further conference with his mother, Kris. Steve est economic inequalities and the persis- south one went in Europe, “the lower the said his extended family had always held tent legacy of slavery, Jim Crow laws, and IQ, the smaller the brains…the…lower “implicitly” racist views, but they hadn’t housing and financial discrimination.”13 quality of societies.” As historians have been coherently “articulated as politics,” Yet his willingness to confront economic noted, in the U.S. prior to the 1940s, the the way White nationalism makes them inequities was greater than any other Irish, most Southern and Eastern Euro- clear. Kris, a bank employee who de- successful politician’s since the 1930s. peans, as well as Jews, were frequently scribed herself as an “Identitarian,” told Dickson declared, “We must get away identified as non-White.10 It demon- me, “I think White nationalism makes a from the Left/Right dichotomy. We are strates how, for many at AmRen, White- lot of sense.” She attributed the econom- racialists, not conservatives.” Others in ness is a quality that must be constantly ic problems she’d seen in the U.S. over the White supremacist movement have striven for and “proven,” one that can be the last 10 years to “illegal immigrants occasionally found Left economic issues granted or taken away. who take jobs away from the people.” I to support: Richard Spencer came out So why do White people need a move- also met a 60-ish man from Cleveland for single-payer healthcare last March,14 ment, if they have so many genetic gifts? who said he’d donated to Bernie Sand- and in a long interview at the conference, Starting in 1870, Nyborg revealed, ers, but who, when Sanders failed to get Greg Johnson, the virulently antisemitic “high civilization” began to “decay.” The the Democratic nomination, consciously publisher of Counter-Currents, told me reason: due to “improvement in food went on to “vote for the biggest ass in the that “the labor movement...was one of sanitation, medication, and care for the history of this country,” Donald Trump. the most heroic chapters in American feeble…the unfit began to have more sur- According to a massive study of 2016 history” and that he supported a guaran- viving children than the fit.” Nowadays, election voters,11 12 percent of those who teed minimum income. Of course, one he continued, “Welfare states lead to an voted for Sanders in the primary voted of the reasons he loved the (White) labor increase in low-IQ mothers and unfit for Trump in the general election. There movement so much was that, as he said, children.” As he said this, he pointed to are several ways to interpret this. Some most of it had championed the Chinese two words on his screen: “Black moth- pro-Clinton Democrats have ascribed it Exclusion Act of 1882. Although he has ers.” The slide accompanying his talk almost entirely to unwillingness to vote called himself a “man of the Right,” John- alleged that the rate of Black mothers for a female candidate or one embraced son said, “I want to go back to that trajec- bearing “illegitimate children” had risen by African Americans. But it’s likely that, tory of having a large middle class [and] 67 percent because of income supports for some of these voters, certain Left a strong labor movement”—though in given to the poor. economic positions (such as free college the long run, he means one for White Nyborg went on to bemoan high fertil- tuition and higher taxes on the rich) ex- workers only—and large-scale research ity rates among Muslims and the “fact” ist alongside racist positions on issues and development projects “like the war that “the fit also use contraceptive means like immigration and police murders of on cancer and the war on AIDS.” John- more effectively than the others.” All African Americans12 along with sexist re- son added, “There has been a national- across the world, he cried, growing pro- flexes in voting. ist Left, and a nationalist Center, and gressively more emotional, “low-IQ win- To Klan lawyer Sam Dickson, a close nationalist Right. We will not win if our ners will double in number,” and will friend of American Renaissance who has ideas are entirely confined to the ghetto only be capable of taking “very slow, sim- spoken at each of its conferences since its of the Right.” ple, supervised jobs” of the sort “disap- inception in 1990, this represents an op- pearing in the very cold eco-type, high- portunity. Dickson brought up Sanders HIDING NEONAZISM IN PLAIN SIGHT tech societies!” in his speech closing the event on Sun- Though Johnson has expressed great He ended his talk with an elegiac slide day. “In the primaries, Hillary Clinton enthusiasm for Nazi and pro-Nazi writ- that said, “We are watching a brilliant got the Black vote, and Bernie Sanders ers like Savitri Devi, Julius Evola, Miguel sun being replaced by a dim half-moon.” got the White vote… It shows a racial sub- Serrano, and Francis Parker Yockey—in The only way to avoid “a new Dark Era” conscious going on, and it also shows a fact, he’s republishing them all through dominated by “the unfit,” he told the fundamental fissure line within the Left. Counter-Currents—he chose to claim, group, was to enact the “honorable repa- There’s a rich field of Bernie Sanders left- in our interview, that the biggest cur- triation of warm eco-types”—that is, to ists for us to work.” Even if you interpret rent problem with the White nationalist expel all non-White people from Europe, Sanders’ and Clinton’s candidacies dif- movement was people “LARPing [live the United States, Canada, Australia, and ferently than Dickson does, his desire to action role-playing] as Nazis,” “those ad- New Zealand. reach out to the White Left should give us vocating genocide,” and racist skinheads pause. As Naomi Klein recently noted, who follow the ideas of William Pierce, APPEALING TO LEFT ECONOMIC INTER- Sanders “could have won if he’d been able the author of The Turner Diaries. ESTS to win the support of just half of Black Those ideas are “simply repulsive,” The previous evening, I’d interviewed voters. But to do that, he would have Johnson told me. But just two weeks Steve, a 32-year-old from Milwaukee who needed to clearly and compellingly con- later, after the march in Charlottesville, worked in retail and was attending the nect the dots between the country’s deep- he’d engage in a radio debate with White

FALL 2017 Political Research Associates • 5 supremacist, antifeminist activist Vox it might seem like a contradiction that may be sharply opposed on these ques- Day15 (the pen name of Theodore Beale), antisemitism was so carefully kept away tions.”24 Taylor has regularly gone on his in which Johnson endorsed the idea that from the AmRen stage. But if you think close friend Don Black’s Stormfront radio National Socialists are a “legitimate ele- of AmRen’s purpose—making White na- show,25 and often hosted another good ment of the Alt-Right.”16 (Additionally, tionalism palatable for the mainstream— friend, Holocaust denier Mark Weber, at long before Charlottesville, Johnson pub- there’s no contradiction. his home in Virginia.26 lished dozens of pieces praising Hitler, If you looked, antisemitism was hid- So why does it matter whether such a including several odes to his birthday.) ing in plain sight all over the conference, profoundly racist conference is also anti- There’s an easy answer to this seeming from book vendors selling The Turner Dia- semitic? Ethically speaking, it makes lit- contradiction: Johnson likes real Nazis— ries, which calls for the extermination of tle difference. It’s horrifying either way. both the historical ones and present-day Jews, to the neonazi Stormfront activists But for the American political center, un- “National Socialists” who write for his (like moderator Jamie Kelso) who peopled fortunately, antisemitism is much worse magazine. He just doesn’t like people the aisles. It was even at the podium, than White supremacy. One reason is dressing up as Nazis at public rallies grinning at the audience with a finger that most White Americans read light- and embarrassing the movement. Those on its lips. Four prominent speakers this skinned Jews as White and thus views sorts, he told me, “embrace self-margin- year had previously expressed virulent attacks on them as more deserving of at- alization” at a time when “normal Ameri- hatred of Jews: Richard Spencer, Nathan tention than attacks on people of color.27 can people are more receptive to this Damigo, VDare’s Peter Brimelow, and Also, White supremacy is fundamental to movement than ever.” (After Charlottes- Sam Dickson. (Dickson, who closes the America’s political economy in a way that ville, many White nationalists have been conference every year, has edited and antisemitism is not. This makes it easier debating, like Johnson and Day, how written for Holocaust-denial journals for Whites to react against antisemitism openly to support Nazism. The argument The Barnes Review19 and the Journal of His- than against the racism that still under- is actually moot; both sides champion torical Review.20) Many attendees posted pins our society. Finally, the history of an aggressively antisemitic and openly antisemitic tweets from the conference Nazi Germany and the U.S. role in defeat- fascist movement and only differ on how floor.21 ing it is widely taught in schools, making publicly to align themselves with Hitler’s AmRen and Taylor actually have an attacks on Jews highly suspect to a broad historical followers.) ambiguous history with antisemitism. range of people.28 Johnson’s attempt to hide his philo- In the past, Taylor occasionally invited Yet despite the implicit racism in the Nazism in plain sight was like Jared Tay- light-skinned Jews who believe in White view that antisemitism is worse or more lor’s entire project with AmRen: to make people’s genetic superiority to speak.22 morally disturbing, progressives still White supremacist views look as mod- But he’s also invited speakers who casti- need to call out White nationalist attacks erate as possible. In this light, it makes gate Jews, like Holocaust denier Joseph on Jews as much as attacks on people of sense that for decades he’s been one of Sobran, who gave a talk on Jewish power color; the movement constitutes a pro- the leaders of the Council of Conserva- at AmRen 2004.23 After AmRen attendee found danger to both groups. tive Citizens, the reincarnation of the old David Duke was criticized for making Jews also function as White national- White Citizens Councils that, until re- anti-Jewish remarks during an audience ism’s cipher for the one percent. Some- cent years, was openly supported by Re- Q&A in 2006, Taylor wrote on the confer- times, this equation is explicit: during publicans like Trent Lott, Bob Barr, and ence’s website, “Jews have a valuable role the heyday of Occupy, George Hocking Haley Barbour, as well as a few Demo- in the work of American Renaissance… stated baldly in Counter-Currents that crats like Bill Lord, a county chairman in Anyone who thinks otherwise has the Jews “are the one percent” and “Ameri- Mississippi.17 Within the world of White choice of staying home or keeping his ca’s new ruling class.”29 More recently, supremacism, American Renaissance views to himself.” But in a display of antisemitic flyers posted at the Univer- serves as deliberately milquetoast brand- “both sides” equivocation that’s become sity of Illinois at Chicago postulated that ing intended strictly for outreach to those familiar after Charlottesville, he also de- “the one percent” are not “straight white yet to join the movement. nounced the behavior of a Jewish attend- men” but “Jews,” and therefore that the ee, who called Duke a “fucking Nazi,” as nation’s most pressing need is “ending DIALECTIC OF WHITE NATIONALISM “disgraceful.” Making clear that he want- Jewish privilege.” On the poster, “the 99 AND ANTISEMITISM ed to keep attracting the antisemites who percent” are identified as “goyim.”30 Civil rights activist Eric K. Ward has constitute his base and presenters, he For mainstream White nationalist or- correctly noted that antisemitism “forms said he supported AmRen speakers and gans today—such as NPI, Identity Ev- the theoretical core of White national- participants “who believe Jews play no ropa, the Traditionalist Worker Party, ism,”18 because White nationalists as- useful role in a movement that supports and The Occidental Observer—Jews are sume that people of color are too dim- white interests.” He simply wanted anti- the energy behind banks, the finance in- witted and ineffective to fight for civil semites and Jews to agree to disagree at dustry, and multinational corporations, rights on their own, and thus require his conferences. “By taking no position,” and thus the driving force behind the dis- the secret direction of Jews. Therefore Taylor said, “AR has served readers who placement of “working people,” whom

6 • The Public Eye FALL 2017 they envision as being White. Often, across that border” into the United States. sonality defects,” could still run for pub- these ideas dispersed by the Right have In one breath, Taylor claimed to get lic office. Women could neither vote nor borne fruit in Left spaces. Sonia Lundy, a hundreds of fan letters from people of hold office. longtime New York activist and member color. In the next, he described the Black The women in the room—mostly of Nurses United who staffed the medical Lives Matter movement as “all that howl- young, totaling around 30 in all (about a tent at the Occupy encampment in Zuc- ing and gibbering.” In condemning Yale’s tenth of those in attendance) and seem- cotti Park, remembers her surprise at the recent $50 million faculty diversity ini- ing to be true believers in White national- many young and older Occupiers who tiative,37 he said it made sense that the ism—said nothing. spoke to her about “the Rothschilds” con- project cost so much, since, “Every uni- Then Dickson went on to the issue of trolling society and “the Jews running ev- versity is looking for that same Black lady “how to deal with the fertility rates,” erything.”31 physicist. It’s such hard work looking for suggesting that 1930s Germany, which unicorns!” instituted eugenic breeding programs, COURTING THE MEDIA THROUGH OB- Indeed, despite its framing, openly might provide a model. He proposed that FUSCATION racist talk suffused the conference. Der- the state should give White men “finan- Paradoxically, Taylor’s patrician sig- byshire said he was a pessimist and be- cial incentives” to have many White chil- naling and others’ use of Left ideas re- lieved “the gorillas”—the slur he used dren, but speculated that those wouldn’t flect a similar desire to court the media for African Americans—”will gain in work with women. “With women, I think and all potential audiences not currently strength and power.” Brimelow said, there has to be emotional incentives to aligned with their movement. Indeed, “Hispanics…specialize in rape, particu- have children…Women with children outreach to journalists is one of AmRen’s larly of children.” And Johnson, framing would be allowed to wear different cloth- most important functions. The group his White nationalism in ecological terms ing“ that would “give them greater status actively works to place its spokespeople during our interview, said “what is now than women who didn’t have children,” in the media throughout the year. For happening to the European peoples” was he announced. “They would get perks,” AmRen 2016, Taylor personally invited a “habitat loss” similar to what had previ- the more White children they bear. writer from Buzzfeed,32 and also scored a ously happened to other “species” when At this point, the 60-something nurse, reporter from Talking Points Memo.33 In they were “forced to compete with simi- Joan Harris, turned to a young woman 2017, AmRen solicited journalists from lar creatures.” In other words, Johnson seated near her. “Do you think this would the Guardian, Slate, and Truthout, as well said people of color are a nonhuman spe- work with you?” she whispered. “No,” as authors of progressive books on the cies that threaten the “habitat” of White the woman replied. Alt Right.34 people—the only true Homo sapiens. Men in attendance imagined they Before he was well known, Taylor regu- would not only accrue rich economic larly appeared as a “race relations expert” GENDER AND POWER IN THE WHITE rewards and decision-making power in on mainstream radio outlets that did not ETHNOSTATE the White ethnostate, but that women did not identify him as a White-suprema- On the last day of the conference, in that world would be pressured to date, cist activist.35 Even today, Taylor is regu- Dickson—an Atlanta real estate mogul have sex with, and perhaps love them. larly sought-after for lengthy interviews whom the Southern Poverty Law Center Hearing these plans sketched out, it’s in venues like CNN, ABC News, and says earned most of his fortune by “bully- unsurprising that the White nationalist NPR, joking politely with a host of color ing” low-income, Black homeowners out movement has blended so seamlessly about how, individually, she is probably of the deeds to their homes38—unveiled with the manosphere; it is offering White “smarter than most White people,”36 and plans for the “future White ethnostate” men a vision of the future in which every- claiming to be offended when he’s called that most in attendance hoped to one recognizes them as the best and the “White supremacist” or “racist.” achieve. “Democracy is something that is brightest, and they have guaranteed eco- But the actual content of his yearly so preposterous,” Dickson said. “If some nomic, social, and even sexual success. meetup is anything but polite, making welfare recipient with an IQ of 80 has a So-called “White sharia”40—the idea for a schizophrenic experience for those right to vote…” (At the back of the hall, that the sexuality, reproduction, daily who’ve heard him talk to different audi- Dickson was selling a 1966 video, Africa life, and right to consent of White wom- ences. At this year’s conference, Taylor Addio, about the savagery and stupidity en should be controlled by White men told the crowd that when African refu- of Africans,39 which was also playing on a in the White supremacist state—has be- gees try to cross the Mediterranean, peo- continuous silent loop.) Instead, Dickson come a controversial topic in White na- ple “should make it clear that the minute said the only people who would be able to tionalist circles this year, and Dickson they get in those boats, they’re gonna get vote in his imagined ethnostate would appeared to support it at least in part. a shell below the waterline. You would be “intelligent,” heterosexually “mar- Though Johnson criticized “White shar- only have to sink one boat, and everyone ried men” with “legitimate children,” ia” as anti-women in our interview, he would stay home.” The same thing—im- who had never been divorced. Men who has published articles by others defend- mediate execution—he said should also weren’t heterosexually married, or had ing the idea.41 And in an essay on abor- happen “the minute” Mexicans “step no children, but didn’t “suffer from per- tion, Johnson said, “The position I favor

FALL 2017 Political Research Associates • 7 on abortion in a White Nationalist soci- families; others left the movement out American White nationalists might win ety is that some abortions should be for- of fear. This has resulted in a renewed, new converts, too. (Then again, Licht- bidden, others should be mandatory, but urgent discussion in White nationalism mesz donned a Confederate flag lapel pin under no circumstances should they sim- about tactics going forward. Recently, Eli at the conference; it’s unlikely the U.S. ply be a matter of a woman’s choice.”42 Mosley, the new head of Identity Evropa, movement has the discipline to suppress Richard Spencer recently made similar tweeted, “There is no possible way we can overt racism in pursuit of their agenda, comments: “Contraception has been ter- shitpost our way to victory and we must either.) ribly dysgenic…We want to be eugenic… move from an online movement to the What should the Left’s response be? In We want smart people to have more chil- real world.” Evan McLaren, the young, this case, the opposite of one-off theatri- dren. I don’t think we should, as the Alt- new executive director Spencer has hired cal actions and Instagram-able protests: a Right, be uncritically pro-life.”43 to help him manage NPI, engaged in an long-haul, multiracial, grassroots effort In other words, they believe in man- illuminating Twitter conversation with to educate the country on the profound datory births, in some cases, for White @AndreasDonner, a White nationalist connections between race and class, and women, and mandatory abortions for who had criticized NPI and the Alt Right the connections of both to gender. women of color. “The idea that every for “fail[ing] to produce any plan at all to It’s a tall order, I know. But if we are being that is human has a right to life… secure an ethnostate.” McLaren respond- to learn anything from the eruption of that’s not how we think as identitarians!” ed, “The ethnostate is now a more wide- fascist, White supremacist organizing Spencer said. “We should be genuinely ly-contemplated idea because of Spencer on both sides of the Atlantic, it should suspicious of people who think in terms and the Alt Right. We do all the things be that economic crisis and class conflict of human rights.”44 that are preconditions to the ethnostate. can accrue to the benefit of the Right as But preparing people for this task re- easily as the Left. It should be that, as AFTER CHARLOTTESVILLE quires a broader kulturkampf.” labor historian Jefferson Cowie recently Beyond AmRen’s functions as an ori- Spencer himself is focusing on highly put it, “real world” working-class politics entation for newbies and a kind of media publicized attempts to book talks on col- in America “is a messy stew of populist, postcard, it also presents a rare oppor- lege campuses, with the intention of communitarian, reactionary, progres- tunity for different sectors of the move- generating media coverage when univer- sive, racist, patriarchal, and nativist in- ment to meet and strategize. For the near sities push back. Meanwhile, at AmRen, gredients.”46 It should be that no group term, presenters and attendees pushed Martin Lichtmesz, a leader of the Ger- or class in America is inherently progres- electoral politics (the American Freedom man and Austrian Identitäre Bewegung sive, and no division lifted above others Party, of which Taylor is a member, had a (“Identity Movement”), urged Americans as essential. strong showing at AmRen and is encour- to adopt strategies he’s found effective in Candid, self-supporting, but nonjudg- aging candidates to run on the local lev- Europe: nonviolent direct action remi- mental solidarity is the only way for- el45); campus organizing; and their main niscent of ACT UP, the radical U.S. AIDS ward: a true integration of issues (gen- toolkit of the past two years, combining activist group that succeeded in chang- der, race, class, sexuality, and others) the proliferation of websites, forums, ing the national conversation in the ‘80s with multi-issue education. A fight that and videos with trolling, meme disper- and ‘90s, albeit to a wildly different, far targets systems, not “elites” who can turn sal, and demonstrations. more ethical end. Lichtmesz’s move- into amorphous scapegoats, and radical Violent and revolutionary tactics are ment has generated enormous publicity coalition-building that combines asser- rarely discussed from AmRen’s podium, by scaling the Brandenburg Gate with tiveness and humility are needed. It’s except in allusive ways, such as this state- mountaineering equipment and hang- a daunting task, but nothing less is re- ment by Dickson in his closing talk: “The ing a banner reading “Secure Borders, quired. breach could come from military over- Secure Future”; covering the famous Vi- reach, or the collapse of the economy… enna statue of 18th Century empress Ma- Donna Minkowitz is a New York-based Hopefully, it will be as bloodless as possi- ria Theresa with a burqa; and disrupting writer whose work has appeared in Slate, ble.” But of course, other White national- a pro-refugee theater performance with The Nation, Salon, the New York Times ist groups do incorporate such strategies. fake blood. Book Review, and the Village Voice. Her Charlottesville knocked the movement These theatrical, “audacious” protests, memoir Growing Up Golem was a finalist on its posterior. In the wake of openly Lichtmesz said, were “designed to gain for the Judy Grahn Nonfiction Award and a neonazi chants, the battery of counter- public sympathy.” By using forms of pro- Lambda Literary Award. protesters, and the murder of Heather test pioneered by the Left and employing Heyer, organizations like NPI, Storm- the “progressive” language of Identitari- front, and The Daily Stormer lost their web anism (the idea “that every people has a domains, and in some cases, their ac- right to their homeland, and to defend cess to PayPal, Facebook, and YouTube. its own culture, identity, and heritage,” Some activists whose identities were un- as Lichtmesz put it), while steering clear covered lost jobs or the support of their of explicitly racist and neonazi rhetoric,

8 • The Public Eye FALL 2017 BY PETER MONTGOMERY

Will Corporations, the Christian Right, and the Tea Party Get to Rewrite the Constitution?

ormer U.S. Senator Jim DeMint restructure our constitutional order into brothers’ network—often called the (R-SC), the Tea Party icon who one focused on states’ rights. DeMint “dark money ATM of the Right”—and helped bring Ted Cruz (R-TX) and joined the group as a “senior advisor” and the right-wing organizations they fund, Mike Lee (R-UT) into the Senate, sees the project as a new Tea Party mis- like the American Legislative Exchange Fwas ousted after four years as president sion that’s “much bigger than the Tea Council (ALEC).5 And it draws support of the Heritage Foundation in May 2017.1 Party.”4 from Christian Right figures rooted in DeMint had thought he would have more Convention of States is a political alli- Reconstructionist theology that believes influence on policy from his perch at ance between elements of the anti-regu- God reserves tasks like education or car- Heritage than he had in the Senate. But latory Corporate Right and the Christian ing for the poor for churches and fami- as it turned out, there was not only life af- Right, organizing toward a constitution- lies, not government. ter Heritage, but the possibility of greater al convention that would destroy the un- Americans who feared the election of influence still. “I feel like the Lord knows derpinnings of Great Society projects like Donald Trump and Republican majorities what He’s doing,” DeMint told broad- Medicare and food stamps, and New Deal in Congress would undermine Obama- caster Glenn Beck, because now “I’m in programs like Social Security. They’re era victories on healthcare and LGBTQ a place where I can make a much bigger also turning their sights on the pro- equality were right, of course. But that’s difference.”2 gressive gains from the turn of the 20th the tip of the iceberg. These battles repre- The place where DeMint could make a Century, such as the 16th Amendment, sent a tiny piece of the Right’s long-term bigger difference than as senator or head which allows the federal government to political vision of dismantling the federal of the 800-pound gorilla of right-wing collect income taxes and which they be- government. think tanks is Convention of States,3 a lieve started the disastrous course toward Political Research Associates pub- group mobilizing an effort to rewrite big government. lished significant work in 2013 and 2014 the U.S. Constitution through a set of This effort, like the older, more- fo by Frederick Clarkson, Rachel Tabach- amendments that would drastically limit cused drive for a convention to advance nick, and Frank Cocozzelli on right-wing the taxation, regulatory, and oversight a balanced budget amendment, is pro- approaches to limiting or eroding the powers of the federal government and moted in part by the libertarian Koch power of the federal government. These

FALL 2017 Political Research Associates • 9 q & a

included various proposals for interstate rural areas failed to materialize.12 sion and empower Congress to limit the compacts and different convention pro- Conservatives opposed to govern- role of money in politics.18 The effort has posals.6 Also covered were threats of se- ment growth and worried about deficit created conflict between Uygur and Com- cession and civil war, and arguments for spending have made repeated efforts to mon Cause,19,20 a national group focused nullification7—the theory, repeatedly re- get a Balanced Budget Amendment into on the influence of money in politics that jected by the Supreme Court, that states the Constitution, either via Congress or supports a constitutional amendment can ignore or defy federal laws or court an Article V convention. After a flurry but opposes the convention route.21 In rulings they deem unconstitutional. of organizing and state applications in 2016, Rhode Island became the fifth Some segregationists championed nul- the 1970s and ‘80s, the effort had gone state to approve a convention call to con- lification as a response to Brown v. Board somewhat fallow. But with a focused ef- sider an amendment on “free and fair of Education, and some on the Right still fort by the Balanced Budget Amendment elections.”22 call for a nullification strategy to resist Task Force since 201013 and a push from Activists who have been working to developments on immigration,8 abortion ALEC, proponents of a Balanced Budget sound an alarm about the threat of such rights, and marriage equality.9 All this is Amendment have come within strik- conventions say their biggest problem part of the political and religious context ing distance of the 34 states required to is that people haven’t been aware of in which the rise of Convention of States trigger the Article V mechanism. Com- the Right’s efforts and what they could is happening. And it has gone profound- plicating the picture is an effort led by mean: that, in the words of Democracy ly underreported. the Texas-based organization Compact 21’s Fred Werthheimer, “Every constitu- Article V outlines two approaches for for America, which is promoting a bal- tional right and protection would be up altering the Constitution. Every consti- anced budget amendment through an for grabs.”23 tutional amendment to date has followed interstate compact, under which groups the first: Congress proposes an amend- of states legally commit themselves to a WHO’S BEHIND THIS? ment with a two-thirds vote of both joint project (usually around regional is- The campaigns for a balanced budget houses; it becomes part of the Constitu- sues such as water use). Its supporters ar- amendment and larger anti-federal-gov- tion if it is ratified by three-quarters of gue that this “next-generation Article V ernment convention are promoted and the states. The second approach requires movement” could lead to a much quicker funded by many of the same people who Congress to call a “convention for propos- ratification process once enough states brought the Tea Party to prominence. ing amendments” when two-thirds of have signed on.14 As of August 2017, ALEC, which hosts conferences to in- states apply for one via their state legisla- Compact for America listed five states as troduce conservative legislators to model tures. Any proposed amendments would members.15 bills drafted with corporate lobbyists, also require approval by three-quarters of But even as balanced budget advo- has been a key venue for promoting the the states before ratification. cates advanced, another right-wing Balanced Budget Amendment, the Com- Organizers of a convention focused on movement, Convention of the States, pact of States, and in recent years, the a balanced budget amendment have 27 emerged, pushing states to go bigger and Convention of States, for which it has a of the 34 states required and have iden- bolder. They want to call a convention to model resolution states can use to make tified nine targets to take them toward consider amendments in three areas: fis- the request to Congress.24 ALEC claims their goal, which they hope to reach by cal restraints on the federal government, membership of “nearly one-third of July 4, 2018.10 The broader anti-federal- including limits on taxation; limiting America’s state elected officials.”25 In July government Convention of States pro- government power and “restoring the 2017, Jim DeMint discussed Article V at posal has been approved by legislatures Constitution to its original intent,” which a Denver ALEC meeting, and the need to in 12 states; in nine more, a call passed could include restrictively redefining the enlist “the support of state leaders to save one house of the legislature. According Constitution’s general welfare and com- the American republic.”26 to Convention of States, more than 20 merce clauses; and imposing term limits Gov. John Kasich (R-OH), a high-profile states considered legislation in 2017.11 on all federal officials, including the -ju supporter of a Balanced Budget Amend- diciary.16 Advocates call their proposal “a ment and an Article V convention to A SOLUTION AS BIG AS THE PROBLEM constitutional solution that’s as big as the achieve it,27 played a “key role” in getting States have long used the threat of problem.”17 Wyoming to request a BBA convention in a convention to pressure Congress to Further muddying the waters is the 2017, and has been active in other state propose desired constitutional amend- fact that not every convention advocate campaigns.28 ments. In the 1960s, 33 states called is right-wing. Progressive activist and The broader Convention of States is a for a convention to oppose the Supreme Young Turks host Cenk Uygur started a project of Citizens for Self-Governance. Court’s “one person, one vote” rulings, political action committee, Wolf-PAC, Mark Meckler, a founder of the Tea Party which some feared would hurt rural in- which in 2011 began urging state legis- Patriots, launched the group in 2012, terests; momentum faded as concerns lators to call a convention to propose a and it has participated in ALEC confer- about the uncertainties of calling a con- constitutional amendment to overturn ences since 2013. Sarah Palin has cut at vention arose and the feared impacts on the Supreme Court’s Citizens United deci- least two videos promoting it, and en-

10 • The Public Eye FALL 2017 couraged her followers to weigh in on Meckler says CSG was originally con- as between a man and a woman, and an- state-level resolutions.29 ceived of by Michael Farris, the founder other to declare that life begins at con- In April 2017, Fusion reported that of Patrick Henry College who in 2017 ception.48 Both amendments failed in the Citizens for Self-Governance (CSG) has became CEO of the conservative Chris- state House.49 But regardless of the fate received millions from Koch-affiliated tian legal group Alliance Defending Free- of such specific attempts, the broader groups and the Trump-supporting Mer- dom.41 In April 2015, Farris told David Convention of States movement could re- cer Family Foundation.30 CSG’s 2015 fil- Brody of the Christian Broadcasting Net- strict the federal government’s ability to ing with the IRS reported revenues of work, “When people tell me that it’s im- protect women’s right to choose or equal- $5.7 million, up from just over $1 mil- possible to do this I go, ‘Cool. That means ity for LGBTQ people. lion in 2010.31 The Center for Media and it’s going to be a God project not a Mike Democracy documented “a web of Koch- Farris project.’”42 HOW WOULD A CONVENTION OF linked groups having provided nearly In September 2014, a group of con- STATES WORK? $5.4 million to CSG from the group’s servative lawyers and law professors, One bracing aspect of all this is that founding in 2011 through 2015.”32 including Liberty Counsel’s Mat Staver, no one knows how a convention would The chairman of Meckler’s board, Eric Catholic neoconservative strategist and work. O’Keefe, has a long affiliation with the anti-marriage-equality activist Robert A few basics are relatively uncontested. Koch brothers33 and has founded and P. George, and attorneys John Eastman A convention must be called if Congress funded a number of right-wing groups, and Charles Cooper, got together to talk determines that there are valid requests including the Wisconsin chapter of Club about the Convention of States.43 They from 34 states to deal with the same top- for Growth.34 came up with “The Jefferson Statement,” ic. Given the increasing interest in this Former U.S. Sen. Tom Coburn (R-OK), which calls an Article V convention the subject, since 2015 the House Judiciary one of the group’s spokespeople, wrote, “only constitutionally effective means Committee has tracked the applications “Our national soul is being corrupted by available to do what is so essential for for Article V conventions of any sort.50 Washington’s unhindered and unconsti- our nation—restoring robust federalism Once Congress calls for a convention, tutional overreach.” He concluded that a with genuine checks on the power of the state legislatures would determine how convention of states is “a means to smite federal government.”44 to choose their delegates, and what di- the federal Leviathan.”35 The website of Citizens for Self-Gover- rection to give them. Proponents say Coburn’s 2017 book, Smashing the DC nance features a link to “The Bible & Poli- each state would get one vote, over-em- Monopoly: Using Article V to Restore Free- tics,” a website that appears to be a part- powering small and rural states. A ma- dom and Stop Runaway Government,36 nership between CSG and David Barton’s jority of states could approve proposed may be the most unvarnished expression Wallbuilders.45 amendments, which Congress would of the ideology behind the movement, Barton’s involvement suggests the de- then return to the states. If a conven- arguing that social safety net programs gree to which convention advocates’ lim- tion were held, and approved a proposed have created “a government-dependent ited-government approach is informed amendment, Congress would determine ‘nation of takers.’”37 by Reconstructionist theology that has whether state legislatures would make Coburn complains that progressives been adopted widely within the Religious the decision on ratification or if state- put an end to the era of small govern- Right.46 level conventions would be held. ment at the turn of the 20th Century,38 Some Christian Right advocates have Common Cause, which has led opposi- and that the Great Depression and New made explicit calls for an Article V con- tion to convention proposals (and where, Deal “forged an alliance of activist courts vention. For example, after the Supreme in full disclosure, the author worked de- and big government.”39 Incredibly, he Court’s 2015 marriage equality rul- cades ago), believes “there is too much also cites Jefferson Davis lamenting in ing, Family Research Council President legal ambiguity that leads to too great a his memoirs that the Civil War might Tony Perkins said he believed a Conven- risk that it could be hijacked by wealthy have been avoided had a convention of tion of States should be called to amend special interests pushing a radical agen- states been assembled “to consider the the Constitution regarding marriage.47 da.”51 relations of the various States and the When Coburn appeared on the Ameri- One scholarly paper laid out the threats Government of the Union”40—in other can Pastors Network’s “Stand in the Gap” a convention could pose, in addition to words, he believed war could have been program in June 2017, he declared the the economic and social damage,52 by en- avoided if states had approved an amend- Supreme Court “has divided us” by mak- acting a federal Balanced Budget Amend- ment preserving chattel slavery in south- ing decisions that should have been left ment. Its authors, the Center on Budget ern states and allowed its expansion in to the states. While there isn’t a major and Policy Priorities’ Michael Leachman southwestern territories. organized push for a convention to deal and Georgetown University law profes- Joining secretive dark money networks with amendments on social issues, the sor David Super, warned that delegates and ALEC in support of the Convention of Arkansas Senate passed two resolutions to such a convention, presumably under States’ effort are some high-profile Reli- in March, one calling for a convention pressure from powerful interest groups, gious Right activists. to draft amendments to define marriage could write their own rules, set their own

FALL 2017 Political Research Associates • 11 agenda, and declare a new ratification would: of the states,” according to a news report process for proposed amendments.53 1. Empower states to void any new or ex- of the gathering. “It was withdrawn after The possibility that delegates to a con- isting law, executive order, or regula- heated debate.”63 vention called for one purpose—say, to tory rule issued by Congress, the pres- Organizers portray the meeting as pro- pass a Balanced Budget Amendment— ident, or federal regulatory agencies viding evidence that “runaway” fears are could decide to act on other amendments if three-fifths of the state legislatures misplaced. But none of the rules devised once they convene is generally referred vote to do so. at these or other such meetings would be to as a “runaway” convention. Concern 2. Restrict Congress’s power by “re- binding on any actual convention. about this possibility has animated oppo- turning the Commerce Clause to its Convention opponents also note that sition from across the political spectrum. original meaning” and forbidding it there are basically no rules about the role The question of whether a conven- to “regulate or prohibit any activity of money. The selection and lobbying of tion could be restricted to dealing with that is confined within a single state delegates would almost certainly become amendments only on certain topics is regardless of its effects outside the a big-spending free-for-all by the same hotly contested. Some, like Article V pro- state.” Rep. Jamie Raskin (D-MD), a groups that push for an amendment—as ponent Robert Natelson, argue that the former constitutional law professor, well as wealthy opportunists who get in- threat of a runaway convention is a myth, has written that the Commerce Clause volved once a convention becomes inevi- and portray it as a conspiracy theory pro- may be “the most important constitu- table. moted by supporters of the status quo.54 tional instrument for social progress On top of that, say Leachman and But others note that the Constitution in our history.” He cited right-wing Super, “No other body, including the itself was written at a convention origi- efforts over the years to use a cramped courts, has clear authority over a conven- nally called “for the sole and express pur- interpretation of the clause to chal- tion.”64 This may sound like a formula pose of revising the Articles of Confed- lenge laws on child labor, civil rights, for constitutional crisis, but it’s a selling eration.”55 Instead, delegates wrote an and health care.60 Currently, the point for convention advocates. Speak- entirely new Constitution—and lowered right-wing Pacific Legal Foundation is ing at an ALEC conference, right-wing the Articles of Confederation’s require- arguing in federal court that the fed- pundit and radio personality Mark Levin, ment that all states consent to amend- eral government lacks the authority who wrote a book promoting a set of con- ments to a three-quarters threshold. under the Commerce Clause to pro- stitutional amendments,65 extolled the Says David Super, “It turned out OK—the tect an endangered species that lives power that Article V gives to state legisla- Articles were replaced with the vastly su- in only one state.61 tors; in a convention, he said, governors perior Constitution. But the point is this: 3. Forbid the federal government from have no role, the president has no role, No one—not Congress, not the Supreme taxing income, gifts, or estates and and Congress’s only role is that it’s re- Court and certainly not the president— require three-fifths vote by the House quired to call a convention when enough has any authority to rein in a runaway and Senate to impose or increase any state petitions accrue.66 constitutional convention.”56 taxes. Convention proponents are trying to The desire to downplay the risk of a big 4. Allow one-quarter of the members of attract bipartisan support from state leg- rewrite explains why proponents resist either the House or Senate to declare islators by emphasizing their power, and the use of the shorthand term “Constitu- opposition to any new or existing fed- the power they could gain, under an Ar- tional Convention”—often referred to as eral regulation. A challenged regula- ticle V convention. When Convention of “Con Con” by opponents—for describing tion could not go into effect without States advocate Mark Meckler testified what they’re trying to do. Supporters of majority approval of both House and before the California state Assembly’s both major Article V campaigns—the Senate. Judiciary Committee in April 2016, he balanced budget and the broader anti- 5. Require a two-thirds vote in both stroked legislators’ egos, saying the state federal-government versions—have houses of Congress to increase public legislature is where “I place my trust,” sought to allay runaway fears and portray debt. rather than Washington, D.C. “It is time the process as safe and predictable by 6. Impose term limits on members of for the states to rise up, on an individual holding planning meetings and practice Congress. and collective basis, to take their power gatherings of state legislators. At the invitation of the Arizona legis- back,” he continued, so that “esteemed ALEC staged a “simulated” convention lature,62 advocates for the Balanced Bud- members of legislatures like you” can in Williamsburg, Virginia in September get Amendment held their own planning make decisions affecting constituents’ 2016, calling it “an important and reas- session in Phoenix in September 2017. lives.67 suring window into the future.”57 The Twenty-two states sent delegates to the At a news conference held at last year’s Convention of States organization called meeting, which was designed to develop simulated convention in Williamsburg, it an “amazing” success.58 How reassur- rules for an eventual Balanced Budget Meckler told attendees, “You have the ing you find it might depend on what you Amendment convention. “There was a power to bypass the president, Congress, think about the proposed amendments proposal to allow a convention to change the Supreme Court—to throttle down the approved at the gathering,59 which its scope with the approval of two-thirds federal government to get it out of our

12 • The Public Eye FALL 2017 lives and to get it back to what the Found- vise the Constitution’s structure of state the symptom and not the disease, which ers intended. Anything is possible. We and federal power sharing in a way that is the broad authority of the federal are the impossible nation.”68 goes to the heart of what it means to be government.82 Conversely, says Com- And if a Balanced Budget Amend- “united states.”76 mon Cause’s Jay Riestenberg, the broad ment were passed and Congress ignored agenda of Convention of States advocates it, says former Republican Alaska state HOW LIKELY IS A CONVENTION? tends to give credence to fears of a run- Senator Fritz Pettyjohn,69 another con- Common Cause President Karen Hob- away gathering rewriting the Constitu- vention could “propose any number of ert Flynn told The Public Eye that the best tion—which hurts the balanced budget solutions” to deal with it. “One would be way she’s found to get people’s attention effort. to dissolve Congress and elect a new one. about the threat of an Article V conven- Even with these differences, the groups When you’re the sovereign, you can do tion is to “show them the map.” sometimes collaborate. In 2017, the two that.”70 Thanks to Republican investments campaigns joined forces in Nevada83 in in building political infrastructure and a failed effort to stop the resolution that WHAT’S AT STAKE? state-level power, conservatives have a rescinded the state’s call for a balanced The idea of requiring the federal gov- historic level of control in state legisla- budget convention and other requests ernment to operate within a balanced tures: Republicans control both houses for an Article V convention dating back budget has a gut-level appeal. Citizens in 32 states and dominate the legally non- to 1903. must balance household budgets, after partisan unicameral legislature of Ne- The successful campaign to withdraw all. But even families borrow money to braska. With 34 states needed to trigger Nevada’s calls for a convention was a bi- buy cars and houses or pay for educa- a convention, it would only take a unified partisan effort.84 An activist with Eagle tion. An amendment that prohibits fed- GOP plus “the help of only a few Demo- Forum, the group founded by the late eral deficit spending or borrowing could crats in a single state to reach the mark,” Phyllis Schlafly, helped win Republican make recessions longer and deeper, the Associated Press noted in 2016.77 As support.85 Schlafly, one of the most- ar threaten programs like Social Security, Yale University law professor Akhil Reed dent conservative opponents of a con- and cast uncertainty “over the economy Amar notes, “The overwhelming success stitutional convention, described it as that could retard economic growth even of one political party at the state level is “playing Russian Roulette with the Con- in normal economic times,” according something of real constitutional signifi- stitution,”86 and mocked supporters to Richard Kogan of the Center on Bud- cance.”78 like Mike Huckabee, Marco Rubio, and get and Policy Priorities.71 Kogan noted The Balanced Budget Amendment Bobby Jindal, asking why we should ex- that in 2011 the prominent economic Task Force says it has 27 of the 34 states pect a bunch of politicians “would do a forecasting firm Macroeconomic Advis- needed to call for a convention. Its 2018 better job than the most brilliant politi- ers concluded that a Balanced Budget targets include Idaho, Kentucky, Min- cal thinkers in American history?”87 The Amendment proposed that year would nesota, South Carolina, and Virginia.79 John Birch Society has also long opposed have had a “catastrophic” effect on the They’d be even closer, but in the last two convention proposals. economy, doubling unemployment.72 years, opponents of a convention have Perhaps in a quiet nod to the appeal of Of course, the federal budget is a com- convinced legislators in four states— a broader convention and the numeri- plicated beast and there are many ways Delaware, New Mexico, Maryland, and cal advantage held by the balanced bud- to write an amendment. But if you think Nevada—to rescind their earlier support. get effort, most of the Balanced Budget gridlock makes governing hard now, The Convention of States’ proposal has, Amendment resolutions enacted in the imagine that the Heartland Institute’s in a much shorter period, been approved last three years, and in ALEC’s model version of the Balanced Budget Amend- by legislatures in 12 states; in nine more, legislation, include an additional clause: ment gets ratified, and every congressio- a call passed one house of the legisla- “together with any related and appropri- nal decision that involves deficit spend- ture. Another 20 considered legislation ate fiscal constraints.”88 That could be a ing or borrowing has to be approved by a in 2017.80 Coburn predicts an additional stealthy way to turn a balanced budget majority of states representing a majority eight to 10 states will adopt the broader convention into something with a broad- of the U.S. population.73 Convention of States call next year.81 If er agenda. ALEC’s handbook says that Broader amendments designed to he’s right, the Convention of States could phrase “enables the convention to con- make social welfare programs and much be a central part of our national political sider limits on taxes, spending and the of the regulatory state unconstitutional discussion for the foreseeable future. like.”89 Leachman and Super warn that would create even more havoc. But for Several people familiar with the con- it “opens the door to any constitutional people like Jim DeMint74 or Mark Levin, vention campaigns say there’s bad blood amendments that a convention might major constitutional change is the only between the two major efforts, which decide fit under this broad rubric.”90 solution to “an age of post-constitutional compete for funding, activists, and leg- soft tyranny.”75 islative allies. Coburn told participants at WHAT LIES AHEAD? “The COS strategy, if successful,” the 2017 ALEC conference that passing a Right-wing efforts to convene an- Ar warns Arn Pearson, “would radically re- Balanced Budget Amendment addresses ticle V Convention depend on conser-

FALL 2017 Political Research Associates • 13 vative domination of state legislatures. peace, opposing all calls for an Article V ability to regulate corporations and pro- That makes the future of the Constitu- Convention and urging states to rescind tect the public interest is severely con- tion itself one of the most important, if previous calls.97 strained, is the end toward which de- underappreciated, stakes in state-level “The implications of a Constitutional cades of right-wing investments in think organizing. Convention are staggering,” said Rob- tanks, media networks, and legal and po- Balanced Budget Amendment advo- ert Greenstein, president of the Center litical organizations have been directed. cates will make a major push in 2018 to on Budget and Policy Priorities, when Trump’s election was not their purpose, reach the 34-state threshold.91 The Con- the letter was released. “Our country but his presidency can serve their goal of vention of States has more ground to faces enough problems and division. We filling the federal courts with judges who cover, but it also has an aggressive battle don’t need to add to them and inflame an share the reactionary view of the Consti- plan grounded in grassroots pressure. already toxic political environment by tution championed by organizations like Meckler claims that the Convention of placing at risk the constitutional struc- the Federalist Society and Heritage Foun- States Project has “over 2.1 million sup- ture that has served us well for more than dation, which pre-approved Trump’s list porters nationwide and an organized vol- two centuries.”98 of potential Supreme Court justices. Con- unteer leadership team in all 50 states, in Convention proponents counter that solidated right-wing ideological domina- addition to our national staff and board even if something horrible came out of a tion of the federal judiciary would be di- of renowned legal advisors.”92 He out- convention—depending on your politics, sastrous, but perhaps not as devastating lined his strategy in 2013: nightmare scenarios include a rewrite of as a far-right rewrite of the Constitution In roughly 4,000 state legislative dis- the First or Second Amendments—the itself. tricts around the country, you need 38-state threshold for ratification would The stage for an Article V conven- roughly 100 people in each district to serve as a check on dangerous additions tion that bypasses Congress, the White be willing to call their legislative rep- to the Constitution. But Common Cause’s House, and the Supreme Court has been resentative and ask for a convention… Viki Harrison, who worked on the suc- set by the massive investment in state- That’s not a high bar. And I started cessful effort to get New Mexico to- re level politics by the Koch networks and talking to representatives all over the scind its convention application, said their allies. The Tea Party election of country and they said, “We don’t get these assurances are “like setting your 2010 gave Republicans a powerful hand 100 calls on anything. If you can gen- house on fire and praying the fire depart- in redistricting; partly as a result, Repub- erate a hundred calls then we’re going ment will show up.”99 Ratification battles licans control almost 1,000 more legisla- to be motivated to at least take a seri- could “tie the country up in knots,” Wert- tive seats now than they did in 2008—the ous look.”93 heimer adds, and would require enor- most state legislative seats in the history Jim DeMint said that in Texas, which mous investments of time, resources, of the GOP.103 passed a convention call in 2017, it was and organizing energy—all without any An energized progressive movement conservative grassroots power that made rules about how money would influence focused on reversing right-wing gains the difference.94 That, along with a major the process.100 at the state level is essential to stopping push from Texas Gov. Greg Abbott, over- Wisconsin Democratic state Rep. Chris the momentum of Article V campaigns. came a lack of support from the public Taylor noted that the reality that just 13 There are glimmers of hope in the ar- at large, as well as some conservatives’ state legislatures could prevent ratifica- ray of organizing efforts designed to put doubts. A University of Texas/Texas tion of a damaging amendment was lit- progressives into state offices. And there Tribune poll in June 2017 revealed that tle comfort. After watching the Bradley have been victories: four wins in Septem- even among self-described Tea Partiers, Foundation and Koch brothers dismantle ber in New Hampshire, Oklahoma, and given a choice between leaving the Con- her state’s progressive tradition, she said, Florida brought the number of Republi- stitution alone and holding a convention “I have learned never to underestimate can-to-Democratic turnovers in contest- of states, the “leave well enough alone” the Right.”101 ed state House and Senate races in 2017 option won 57 to 40 percent. Among all At its worst, said another Common to eight.104 Those victories put progres- Texans, it won 54 to 28 percent.95 Even Cause state leader, Maryland’s Jennifer sives on a positive trajectory but are only so, organizers don’t think they need to Bevan-Dangel, a Convention of States a tiny down payment on what’s needed increase popular support as long as they threatens to look like redrafting the for 2018 and 2020. can motivate their activist army to push Constitution “in the age of Twitter.” Is- legislators into action. sues crucial to the wellbeing of millions Peter Montgomery, a Washington, D.C.- But opponents have also been organiz- of Americans would be hashed out “in based writer, is an associate editor for Re- ing, as evidenced by the four states that a back room with no referee, no clear ligion Dispatches and a Senior Fellow at withdrew their convention calls in the rules, no guarantee of transparency,” but People For the American Way. His work past two years. In April 2017, Common the almost assured involvement of fig- focuses on religion, politics, and LGBTQ Cause released a letter signed by more ures like the Kochs.102 issues. Follow him on twitter @petemont. than 200 public interest organizations,96 A return to an earlier constitutional from the AFL-CIO to NAACP to Green- order, in which the federal government’s

14 • The Public Eye FALL 2017 BY DIANE B. PAUL

Prenatal Diagnosis, Reproductive Rights, and the Specter of Eugenics

n 2014, the state of Virginia enacted prenatal diagnosis (PND) to avoid the Consequently, they could greatly expand legislation shielding health care birth of children with disabilities. both the uptake and scope of testing, workers who provide genetic coun- On both the political Right and Left, and thus the rate of termination for fetal seling from lawsuits if they withhold some groups find this use of PND- re anomaly. The belief that we are on the Itest results they think might dispose a pugnant, and charge that it constitutes cusp of a major expansion of PND has fu- woman to have an abortion. Although “eugenics.” Recent changes in medical- eled a multi-pronged effort both to regu- counselors can’t lie about results, they practice guidelines and in the technol- late what healthcare providers can say to no longer have to disclose them. As the their patients about prenatal tests and to executive director of the Virginia ACLU legislatively restrict the use of such tests. noted, “The way the law is written, if a This increasing legislative concern with genetic counselor doesn’t think a patient pregnant women’s decisions all adds up will make ‘the right choice’ with the in- to what law professor Rachel Rebouché formation you give them, well, then has called a “regulatory moment for you don’t have to tell them.”1 prenatal health care.”6 Advocacy of such “conscience clauses” is but one element in a re- WHAT IS EUGENICS ANYWAY? cently accelerating campaign to The word “eugenics” was first restrict reproductive rights.2 As coined by Sir Francis Galton, a Frederick Clarkson has found, a British polymath and half-cousin raft of state-level legislative and of Charles Darwin. Galton be- regulatory restrictions on access lieved that differences in hered- to abortion followed the “wave ity explained differences in - hu election” of 2010.3 As Republicans man intellect, character, and social have continued to consolidate their success, and that the environments control of state legislatures and gover- in which individuals are raised are norships, the stream of restrictions has far less important than the hereditary turned into a flood, with the Trump elec- traits they inherited from their parents. tion further emboldening anti-abortion He also thought that those with the best activists. But a closely related trend has heredity were being outbred by those gone less noticed: the increasingly suc- with the worst, and that civilization was cessful movement to bar or discourage ogy of testing have heralded a major doomed unless the principle of “breed- the practice of selective abortion; that expansion in the use of PND. The se- ing from the best” was applied to humans is, pregnancy termination based on a quencing of the human genome in 2003 and not just plants and other animals. In determination of fetal sex, race, or—far ushered in “a new generation of prena- 1883, Galton termed this idea “eugen- more commonly—genetic abnormal- tal screening tests,” as journalist Beth ics” (from the Greek eugenes, to refer to ity. Conservative anti-abortion activists Daley has noted.5 A particularly signifi- one born “good in stock, hereditarily en- have certainly fought to restrict abortion cant development has been the advent dowed with noble qualities”). in general, but increasingly their strate- of noninvasive prenatal testing, which, Galton, who knew that opposition gies focus on banning abortions sought unlike conventional procedures such as from Catholics, Whigs hostile to govern- for specific reasons.4 In their campaign amniocentesis, involves only a simple ment intervention, and the organized against selective abortion, conservatives blood test. Critics of selective abortion working class would doom any legisla- sometimes find de facto allies among are alarmed by these developments; tive program in Britain, consistently groups that lean Left politically but share the new tests can make PND easier and characterized eugenics as a “science” or conservatives’ unease with the use of cheaper, and eliminate risks to the fetus. “study”—not a state prescription. Had

FALL 2017 Political Research Associates • 15 it remained such, it’s unlikely that there advocate Mark Leach compared the ra- racial or ethnic minorities, concerns would be much interest in the subject tionales for past eugenics and contempo- disease rather than ill-defined traits like today. But around 1910, eugenic aims rary prenatal testing, concluding that the “feeblemindedness,” and conceives of began to inspire an organized social latter “is factually eugenic.” Pope Bene- disability as a personal and not a societal movement, the changing fortunes and dict XVI repeatedly warned that, “There matter. Above all, it lacks the coercive reputation of which have informed what are appearing in our days troubling man- power of the state. Indeed, the oft-stated the term has come to mean to us. In the ifestations of this hateful practice [of eu- point of the enterprise is to increase re- 1910s and ‘20s, that movement was both genics],” suggesting that practices such productive choices. Science journalist international and widely supported. Eu- as the selection of embryos and prenatal Matt Ridley (as well as Ellen Painter Dol- genics attracted adherents across the testing would lead to abortion.9 lar and Ruth Schwartz Cowan) expresses political spectrum, appealing to social Supporters of these practices strenu- this perspective when he writes, “The es- radicals and conservatives, militarists ously reject efforts to link them to- eu sence of eugenics was compulsion: it was and pacifists, feminists and misogynists, genics. Ellen Painter Dollar, a pro-choice the state deciding who should be allowed racists and critics of racism. What unit- disability-rights advocate, acknowledged to breed, or to survive, for the supposed ed these disparate enthusiasts was the that prenatal testing would lead to “ba- good of the race. As long as we prevent conviction that differences in heredity bies with genes defined as ‘undesirable’ coercion, we will not have eugenics.”13 explained why some people were weak [not being] born.” But she denies that A second perspective is that reproduc- in mind and body while others were such testing constitutes eugenics, writ- tive genetics is indeed eugenics, but that strong, and that the least fit members of ing: fact does not condemn it. Thus, Oxford society, including “mental defectives,” Historically, “eugenics” refers to so- philosopher Julian Savulescu writes, “in criminals, and the shiftless were breed- cial movements, supported by govern- point of fact, we practice eugenics when ing more prolifically than the intelligent, ments, institutions, or influential public we screen for Down’s syndrome, and prudent, and industrious. figures, that had a stated goal of purify- other chromosomal or genetic abnor- Ultimately, eugenics fell into disre- ing the gene pool either positively (by malities.’’14 In the view of Savulescu and pute. World War II and the revulsion enabling those with traits perceived as several other philosophers, scientists, against the Holocaust and specific Nazi positive to reproduce) or negatively (by and science journalists, PND may be eu- programs (such as the murder of men- forcibly sterilizing or otherwise limit- genics—but not the worrying kind. In tally ill patients) was long considered a ing the reproductive capacity of those their view, eugenics can be good or bad watershed event in eugenics’ popular de- with traits perceived as negative). In depending on the specific form it takes, mise. More recently, though, historians contrast, procreative decisions today… and PND is benign.15 have stressed how little actually changed are largely private decisions made by In the third perspective—more com- in its immediate aftermath.7 Although expectant parents primarily concerned mon than Savulescu’s argument—repro- criticism increased after 1945, it was only with the well-being of their family, ductive genetics is also assumed to be in the 1960s that eugenic sterilizations not the genetic make-up of society at eugenics, and as such, unreservedly bad. began to decline in the U.S.,8 and else- large.10 This attitude is shared by many politically where the practice often continued, with Historian of technology Ruth Schwartz Left and feminist critics of biotechnology and without legal authorization. What Cowan would agree. In her view, “Prena- as well as Catholics and disability-rights ultimately made eugenics disreputable tal diagnosis has almost nothing in com- advocates. Like Savulescu, these critics were not revelations of Nazi atrocities mon with eugenics, neither historically define eugenics broadly. In their view, but the social movements of the 1970s, nor technologically.”11 it need not involve government coercion especially second-wave feminism, with (as with the sterilization laws adopted at its maxim that women had a right to con- CONFLICTING PERSPECTIVES ON THE earlier points by 33 American states and trol over their own bodies. By the 1980s, EUGENICS AND REPRODUCTIVE GE- many countries). It can instead come the term “eugenics” had acquired highly NETICS RELATIONSHIP through the “back door,” to use a phrase pejorative connotations. Today, we can broadly distinguish popularized by sociologist Troy Duster, Once the term became stigmatizing, three perspectives on the relation of eu- chosen by women and their partners re- it also acquired value as a political re- genics to reproductive genetics.12 The sponding to social norms of health, at- source. To claim that a policy or practice first is that they have little in common. tractiveness, and so forth. constitutes eugenics became implicitly In this perspective, the eugenics move- For these critics, eugenics is funda- to condemn it. Critics of birth control ments that flourished in the early- de mentally about attitudes, not state in- and reproductive genetic services such cades of the 20th Century are epitomized tervention. In their view, PND involves as PND and the selection of embryos cre- by Nazi efforts to breed a master race and judgments about which traits are desir- ated via in vitro fertilization would strive eliminate those considered undesirable. able or undesirable that reflect socially to associate them with eugenics. And the Contemporary reproductive genetics prejudicial assumptions, with some criticisms crossed traditional culture- could hardly be more different, since, lives viewed as inherently defective. On war divides. Catholic disability-rights according to this view, it doesn’t target the feminist Left, political scientist and

16 • The Public Eye FALL 2017 historian of technology Joan Rothschild terminations for fetal anomaly. than surgical. Noninvasive testing is also exemplifies this perspective when she An even more important cause has been cheaper than conventional PND, and it writes: the advent of noninvasive prenatal test- removes the roughly 0.5-1 percent risk to Science and technology, medical pro- ing, a technique that analyzes fragments the fetus. fessionals, and parents meet in the of cell-free fetal DNA found in pregnant Due to the risk of miscarriage associ- doctor’s office. This privatized setting women’s blood. First introduced in Hong ated with invasive procedures, their cost, is the site for individual decisions… Kong in 2011, the technology has spread and the stage of gestation at which deci- whether to keep a pregnancy or termi- across the globe, and is now available sions are made, PND is not now univer- nate it, and for which diagnosed “de- in more than 90 countries.19 Until quite sally offered. Instead, maternal serum fect.” Each decision becomes another recently, its dissemination occurred al- tests and ultrasound are employed as judgment as to which conditions, and most exclusively through the commer- screening tests to limit invasive proce- which children, are acceptable or not. cial sector. (Six companies, four based in dures to those pregnancies considered As they aggregate over time, indi- the U.S. and two in China, own most of “at risk.” But with noninvasive testing, vidual decisions add up to a selection the relevant patents and other intellec- all the factors that have constrained the process, marking the imperfect, those tual property.) The vast potential market offer of testing are removed. In -the fu who may be dispensed with, while cer- for noninvasive tifying those worthy to be born.16 tests provided A similar viewpoint is expressed by correspondingly Mark Leach when he asks: huge incentives Why is the existence of a governmental to market directly policy the critical element for raising to consumers and moral concerns about the eugenic im- to continuously plications of prenatal genetic testing? expand the tests’ Is the lesson of the previous eugenics scope in order to atrocities that viewing others as bur- obtain an edge densome defectives ripe for elimina- over the com- tion is wrong only when a governmen- petition.20 With tal policy says so? Or, is not the lesson demand driven that it is wrong to view another human by aggressive life as defective, as a burden, regard- consumer adver- less of whether there is a governmental tising, the up- policy or not?17 take of such tests occurred prior THE EXPANSION OF PRENATAL TEST- to their clinical ING: NEW PRACTICE GUIDELINES AND validation and in NEW TECHNOLOGIES advance of their The last decade has witnessed a rapid endorsement by Federal and state regulatory efforts to bar or discourage selective abortion have expansion of prenatal genetic testing. relevant profes- included attempts to regulate the kinds of information that health-care providers One factor has been a recommendation sional societies give to pregnant women. Photo: Alex Proimos via Flickr. by professional societies to eliminate or a regulatory maternal age as a criterion for amnio- framework for their use. However, in re- ture, it will likely be possible to combine centesis and another less-common test, sponse to consumer demand, such test- noninvasive testing with full genome- chorionic villus sampling (CVS). In 2007, ing is increasingly reimbursed by health wide analysis, enabling the detection of the American College of Obstetricians insurance in the U.S., and several coun- any genetic condition, predisposition, or and Gynecologists published a new Prac- tries now include it in their national pre- even non-medical trait.22 tice Bulletin recommending that PND for natal screening programs.21 The rapid dissemination of noninva- aneuploidy (the gain or loss of a chromo- Although professional societies cur- sive testing has understandably alarmed some) be made available to all women, rently recommend that noninvasive tests those opposed to selective abortion. regardless of maternal age, who were only be used for screening, not diagno- Although some of their concerns, espe- less than 20 weeks pregnant at the time sis, both the excitement and anxiety the cially around the commercial sector’s of their first prenatal visit. The -Ameri technology has generated arises from its dominance of this field, are shared by can College of Medical Genetics soon fol- potential to replace amniocentesis and other groups, Catholics and social con- lowed suit.18 To opponents of selective CVS. Noninvasive testing can be offered servatives have been particularly vocal. abortion, these new guidelines seemed earlier in pregnancy than amniocente- Writing in the National Catholic Register, to presage an imminent expansion of sis, creating less anxiety and potentially journalist Celeste McGovern summariz- prenatal testing and hence increase in allowing abortions to be medical rather es, “Rather than saving lives, pro-lifers

FALL 2017 Political Research Associates • 17 see this test as an enhanced ‘search and from health care providers is biased. On emphasize that the movement is mere- destroy’ diagnostic tool that exponen- this view, obstetricians and gynecolo- ly pro-information, not anti-abortion. tially expands the genetic information gists, genetic counselors, and other pro- However, to the frustration of many available on unborn babies—so that par- viders all believe that life with Down syn- Down syndrome associations, this ef- ents may have up to 3,500 genetic pos- drome—the near-exclusive focus of the fort to bridge the abortion divide has in- creasingly been hijacked by right-to-life sibilities to weigh into a decision about movement—is exceedingly burdensome organizations. Thus, Louisiana’s law pro- whether or not to have an abortion.” Da- to the individual and family. Disability- hibits the state from recognizing materi- vid Prentice, a senior fellow at the Fam- rights and anti-abortion activists say that als that “explicitly or implicitly present ily Research Council, similarly argues, assumption is wrong. (These two very termination as a neutral or acceptable “For the most part, this is just a further different groups of activists sometimes choice,” and recently, Indiana and Texas slide down the eugenics slope.” Cardinal overlap, but their positions aren’t identi- have followed suit.28 David Perry, an in- Christoph Schönborn, Archbishop of Vi- cal, since the latter oppose abortion per fluential disability-rights activist who is enna, sees the PrenaTest as “eugenics, se, whereas many disability-rights ac- also pro-choice, has written that right- pure and simple,” and asks, “Is the infer- tivists are only critical of selective abor- wing legislators’ efforts to use the pro- nal term ‘life unworthy of life’ going to tion, which they would discourage but information movement to restrict repro- become reality again?”23 not necessarily ban.) They point to sta- ductive choice has forced him to question tistics indicating that people with Down whether he can continue to advocate for A “REGULATORY MOMENT” FOR PRENA- syndrome and their families are satisfied pro-information laws. “In general, con- TAL DIAGNOSIS with their lives. They want prospective servative legislatures pass anti-choice Concerns related to the expansion of parents to be given literature they have bills while simultaneously removing so- noninvasive testing are international— produced or vetted and to be referred to cial supports for poor families,” he said. as is the backlash.24 In the U.S., these their organizations for further informa- “Even when the bills explicitly deal with concerns have spurred a variety of fed- tion and support. disability-selection abortions…they are eral and state regulatory efforts to bar or This campaign resulted in a 2008 fed- not disability rights legislation. They are attempts to divide and conquer.”29 discourage selective abortion. One form eral law, the “Prenatally and Postnatally A more direct effort to limit abortion such efforts have taken is regulation of Diagnosed Conditions Awareness Act,” would ban providers from performing the kinds of information that health care cosponsored by Senators Edward Ken- the procedure if they knew it was sought providers provide to pregnant women. nedy (D-MA) and Sam Brownback (R- for specified reasons. This strategy is Recent laws in Virginia and Nebraska al- KS), which aimed to strengthen patient congruent with the incremental restric- low genetic counselors to refuse to share support networks, increase referrals to tions on abortion that have largely sup- any information that conflicts with their support services for women who receive planted attempts to overturn Roe v. Wade. At the federal level, Prenatal Non- discrimination Acts (PRENDAs) to bar “Even when the bills explicitly deal with disability- abortion based on the sex (or in most ver- selection abortions… they are not disability rights sions, both sex and race) of the fetus have been proposed nearly every year since legislation. They are attempts to divide and conquer.” 2008. The 2012 bill passed the House by a vote of 246 to 168, with only seven Republicans opposed (and 20 Democrats moral or religious beliefs, while laws in a positive diagnosis, and guarantee that voting in favor), but as it was brought Arizona and Oklahoma protect physi- they’re given accurate information about up under a rule suspension that limited cians who fail to disclose fetal abnormali- test results and the range of outcomes debate, it required a two-thirds major- 30 ties.25 These laws are part of a more gen- associated with the diagnosed condi- ity to pass. At the time of this writing, the 2017 PRENDA has 64 cosponsors, 63 eral movement over the past two decades tions.26 But no funds were appropriated of whom are Republicans. Should it be to expand so-called conscience clauses for the law, which also lacked any en- enacted, medical professionals could be that allow health care workers to opt out forcement provision. As individuals and sentenced to up to five years imprison- of providing services they disagree with, organizations realized that the statute ment for performing an abortion sought and to enact regulations that claim to would have little if any impact, they be- because of fetal sex or race.31 protect women from themselves. gan to mobilize at the state level. To date, A less controversial effort aims to 17 U.S. states have enacted pro-informa- require objectivity in the information tion statutes.27 Given that it’s difficult to PRENDA, FEMINISM, AND RACIAL JUS- provided to pregnant women. This “pro- argue against “information,” which is of- TICE information” movement, which began ten taken to be an unqualified good, such The language of feminism, civil rights, about a decade ago, assumes that many proposals are often passed unanimously and racial justice suffuses these bills; in- women choose pregnancy termination or by overwhelming majorities. deed, they were originally titled the Su- because the information they receive Those who support such laws often san B. Anthony and Frederick Douglass

18 • The Public Eye FALL 2017 Prenatal Nondiscrimination Acts. But it’s racial discrimination against their own fetal tissue be buried or cremated by a fu- obvious from the records of their spon- fetuses, an assumption that, as Rep. John neral home. That Pence was responsible sors that these bills have nothing to do Conyers commented, “is absurd on its for making Indiana a leader in curbing with either feminism or racial justice. All face.”37 Race- and sex-selective abortion access to abortion explains why, accord- the PRENDA bills have been introduced are rarities in the U.S. The legal prohibi- ing to reporter Todd Zwillich, at least in the House by Rep. Trent Franks (R-AZ), tions against them are introduced not to some conservative evangelicals believe a “Freedom Caucus” member and the counter actual practices but to make lib- that “God is using Trump to deliver Pence driving force behind other anti-abortion erals and leftists look like hypocrites. to the WH, & that Trump will be elimi- legislation, including a bill to ban all Abortion for fetal anomalies, on the nated.”40 At least in respect to reproduc- abortions after 20 weeks even in cases of other hand, is widespread. Indeed, in at tive rights, there could be even worse rape and incest. In Franks’ own words: least 11 states, a diagnosis of serious fe- fates than continuing the Trumpian sta- “I’ve introduced every pro-life effort you can think of.”32 As journalist Kate Shep- pard remarked of the 2012 version, “The lawmakers behind it haven’t been par- The legal prohibitions against race- and sex-selective ticularly interested in women or people abortion don’t counter actual practices but serve to of color after they exit the womb in the past, opposing measures to require equal make liberals and leftists look like hypocrites. pay for women and to renew the Voting Rights Act, and most recently gutting the Violence Against Women Act.”33 The tal defect was a recognized exception to tus quo. real agenda is also evident in the fact that pre-Roe v. Wade laws barring abortion. Of course, many who would like to see the bills only target abortion and not any And in the post-Roe era, at least six states Trump removed from office recognize other means for practicing sex- or race- explicitly allowed late abortions for fetal that Pence would likely be even more selection, such as the choice of which anomaly.38 Thus, efforts to legislatively destructive to the cause of reproductive embryos to implant as the result of pre- discourage the practice by requiring rights. But given the nature and extent of implantation genetic diagnosis. At the special counseling when an abortion Trump’s other flaws, they are willing to ac- state level, race-selective abortion bans is sought for that reason or banning it cept the trade-off. The moral to be drawn have been approved by legislatures and outright are far more controversial. Nev- from the history of efforts to discourage governors in two states, while sex-selec- ertheless, as part of its “Infants’ Protec- prenatal diagnosis is not that progres- tive abortion bans have been introduced tion Project,” the AUL proposed model sives should prefer Trump to Pence, but in over 20 and approved in nine.34 legislation “protecting unborn infants that they should be exceedingly wary Laws barring race-selective abortion from eugenics” by banning abortions of engaging in de facto alliances with are part of an effort to link relatively high performed because of genetic abnormali- the Right. The history of PRENDA laws, rates of abortion in the African-Ameri- ties.39 In 2013, North Dakota became whose advocates have managed to wrap can community to eugenics. As noted in the first state to approve such a statute. their anti-choice agenda in the mantle of PRA’s Defending Reproductive Justice: An Louisiana and Indiana followed in 2016, feminism and racial justice, and the sad Activist Resource Kit, a key event in this although implementation of the law in fate of the “pro-information” movement, effort was the 2010 “Too Many Aborted” those states has been temporarily en- illustrates how easily the efforts of femi- billboard campaign sponsored by the Ra- joined by court order. nists, disability, and civil-rights activists diance Foundation. A parallel campaign, can be co-opted for ends they would find sponsored by a different group, erected A CONCLUDING CAUTION repugnant. As a 14th Century proverb billboards with images of Barack Obama This history holds a warning for those has it: “He who would sup with the devil and the legend, “Every 21 minutes, our who would like to see Donald Trump re- had better have a long spoon.” next possible LEADER is ABORTED.” Re- moved from office and replaced by his cently, anti-abortion activists have taken VP. It was, after all, then-Governor Mike Diane Paul is Professor Emerita at the up the language of “Black Lives Matter.” Pence who signed Indiana’s uniquely University of Massachusetts Boston and Trading on the emotional resonance of expansive PRENDA bill—the first to bar Research Associate in the Museum of Com- that phrase, Americans United for Life abortion based on all three criteria of parative Zoology, Harvard University. She (AUL) has sponsored a “#BlackWomen- race, sex, and suspected genetic abnor- is author of Controlling Human Hered- Matter” campaign.35 (Such efforts often malities, and to penalize doctors who ity: 1865 to the Present; The Politics of reference Margaret Sanger’s frequently- performed an abortion motivated by Heredity: Essays on Eugenics, Biomedi- misrepresented “Negro Project.” See ad- these reasons—as well as a host of other cine, and the Nature-Nurture Debate; ditional discussion online at PRA’s web- restrictive provisions and laws, includ- and (with Jeffrey P. Brosco, MD), The PKU site.36) But implicit in PRENDA laws is the ing requirements that women receive an Paradox: A Short History of a Genetic assumption that women of color practice ultrasound before an abortion and that Disease.

FALL 2017 Political Research Associates • 19 BY PATRICIA MILLER

Life’s Work A Conversation with Dr. Willie Parker

n his new book, Life’s Work: A Moral believe that as an abortion provider lows people who oppose abortion to turn Argument for Choice, Dr. Willie Park- you’re doing God’s work and compare people of faith against themselves. This er recounts his conversion from a yourself to a “twenty-first century Saint is the idea that everything is “God’s will” fundamentalist Christian who ab- Paul, preaching the truth about repro- and that conception and birth are some- Ihorred abortion to what he calls his cur- ductive rights.” This notion may seem how uniquely miraculous and, therefore, rent ministry as an itinerant abortion challenging, even heretical, to people ac- not open to human interference. But you provider working in some of the most customed to seeing abortion as a secular note that conception is a “morally neu- underserved areas of the Deep South. It’s practice, not only wholly divorced from tral, purely biological event” and that a a trajectory that helps him make the case people or practices of faith, but often an- “pregnancy that intimates a baby is no that supporters of legal abortion need to tithetical to them. more sacred than an abortion.” reclaim a moral and religious narrative WP: This book on a moral argument for choice. for choice is my attempt to diffuse the It’s a provocative argument in a na- “Abortion isn’t a bad tension between a religious understand- tion that often equates opposition to ing of reproduction and a scientific -un abortion with religious faith. But Parker thing or a good thing; derstanding of reproduction. The fact shows how supporters of legal abortion it’s a thing.” is pregnancy is a biological process that can draw upon faith practices and moral happens to happen in women. But our language to make the case for abortion culture also has a sentimental notion rights. It’s a much-needed corrective at WP: Most people are familiar with my about the primacy of motherhood in a time when abortion retains its power identity as a women’s health provider, so women’s lives. This is why we have made as the most pivotal wedge issue in mod- they automatically assume that precludes reproductive health a moral issue. There ern political history, helping to corral an identity of ministry. But I dispense is no other type of health care that we many evangelical and Catholic voters for with the notion that there is a difference force people to ask permission for, often Donald Trump and once again tempting between the secular and the sacred. For in humiliating and intrusive ways. Imag- Democrats to equivocate in an attempt to me, I derive that sense of the sacred from ine if we asked a man to go through what woo “faith” voters. my calling to help women in need realize we put women through to get an abor- Parker’s book shows that, while abor- their God-given gifts and agency. For me, tion. tion will always be deeply entwined with that’s the faithful approach. To talk about PM: You write that it’s this sacraliza- religious and moral narratives, it’s up to my life’s work in these terms is a counter- tion of motherhood—not just among progressives to rewrite those narratives narrative to all the mischief that is being people who oppose abortion but also in ways that highlight and respect bodily done in the name of Christianity. by upper-class liberal women who “be- autonomy and free choice as absolute The book isn’t a polemic for abortion; came enraptured with the sonogram im- moral goods. And he makes a compel- it’s a defense of the agency that’s essen- age they saw at the obstetrician’s office” ling argument that the much-lauded tial to what it means to be human. Abor- and plunged full-force into competitive “moment of conception” that undergirds tion isn’t a bad thing or a good thing; it’s motherhood—that has allowed a wide- so much religious anti-abortion rhetoric a thing. My sense of working through spread maternal conservatism, a “blurry is smoke and mirrors. Parker challenges religious custom on reproductive rights consensus about the ‘sanctity of life’” to us to see beyond the fog of sentimentality is that there is nothing heretical about take hold. and moralizing that allows opponents of being a Christian and providing abortion WP: There is a cultish preference for abortion to cow even well-meaning pro- care. Nothing about choosing to termi- motherhood embedded into our culture. gressive women to acquiesce to laws that nate a pregnancy puts a woman outside If motherhood is always the higher val- reduce women’s humanity. of God’s love. ue, then even liberal women don’t revolt This July, he spoke with Patricia Miller PM: You write that it’s a lack of scien- when laws are enacted that force women for PRA: tific understanding of reproduction and to become mothers. And many women in PM: You write in your book that you the idea of God as “a meddler” that al- blue states are somewhat insulated from

20 • The Public Eye FALL 2017 q & a the devastating impact that anti-choice case for abortion rights and so have ced- supporters of choice need to be “reason- laws can have on Black women and poor ed those arguments to their opponents.” able” and allow the party to bargain away women, especially in the South, so they WP: The antis seized the moral high abortion rights like it was any other po- look away. ground 40 years ago with phrases like litical chit. Is this the way forward for the PM: This strategy isn’t an accident. “pro-life,” and abortion rights activists Democratic Party? You note that the battle over choice is haven’t mounted a significant moral or WP: The Democrats are never going largely fought over the bodies of Black religious counterargument. But every to out-Republican the Republicans. This women and poor women because they’re great justice cause has been waged in formulaic approach to politics flies in the the ones who most acutely feel the im- moral terms. The reset is that abortion face of the need to generate genuine so- pact of waiting periods and other laws is a human rights issue, not a religious cial capital. Rather than coming up with designed to discourage choice. But you issue. Scripture is largely silent about a progressive body politic, the Democrats say the real target of these laws is White abortion. The “sanctity of life” rhetoric decide if you can’t beat ’em, join ’em. women and that the “thing that all too was lifted from the Roman Catholic cate- Their political moves are always reactive many white anti-abortion activists really chism and grafted onto the Moral Major- because they don’t stand for anything, so want…is for white women to have more ity to create single-issue abortion voters. they latch on to abortion as the factor that babies, in order to push back against the made the difference in Republican wins. browning of America.” A major plank in the Democratic plat- WP: The culture war over abortion is form is that the party is pro-woman and being fought over the lives and bodies pro-reproductive rights. But then they of Black women and poor women. This decide that this is “an” issue not “the” can make women of means blind to the issue. The Democratic Party says that significance of poor women controlling women are central to their constituency, their fertility [since wealthier women, but then they equivocate on reproduc- and White women, are less likely to di- tive control and run the risk of isolating a rectly lose access]. But it’s a sleight of key part of their base. This is a shameful hand. The goal is to limit access [to abor- thing to be talking about after the Wom- tion] for all women, especially White en’s March, but if they accommodate the women. Men have to be able to assert Blue Dog Democratic demands, there control over all women’s fertility because is no authenticity around reproductive the traditional family remains the reposi- rights. If the party is now supporting pro- tory of White heteronormative culture. life Democrats, that means we have one- PM: At the same time, you criticize the and-a-half parties against reproductive “Black genocide” movement, launched rights and one-half of a party for repro- by White anti-abortion activists to get ductive rights. No political party is stand- Black people to see abortion as an “as- ing firmly for reproductive rights. sault by white America on blacks,” as PM: What’s the solution here? nothing more than a sham perpetrated Atria Books / 37 Ink (2017) WP: I think there has to be a test of by organizations like Priests for Life and authenticity. Maybe women and people Life Dynamics. We need to start with the premise that re- of color have to become single-issue vot- WP: The Black genocide movement is productive rights are human rights and ers—that’s how essential reproductive [a] joke, especially its claims that Planned human rights are the kind of rights that choice is. For me, reproductive rights are Parenthood is the main perpetrator and are neither derived from nor provided by the issue because they determine so many Margaret Sanger its primary architect. the state. Abortion is a process that hap- other things. If Democrats are going to be Looking back to the days of Teddy Roos- pens to play out in the bodies of women the party of progressive values, then they evelt, it was Eastern Europeans who were and is a health and human rights issue need to rebrand reproductive choice as the target, not people of color. But the for women. Women have a human right essential to progressive politics. antis want [to] change the terms of the to decide their own futures and live their debate and frame abortion as systematic lives as they see fit. Women are entitled Patricia Miller is an award-winning author racism by health care institutions against to both the negative and positive out- and journalist who writes about issues at Black people, which means even White comes that come in a free society. the intersection of religion, sex, and poli- women will acquiesce to new limits. PM: Some Democratic strategists and tics. She is the author of Good Catholics: PM: You hold that one reason the anti- politicians like Sen. Bernie Sanders are The Battle over Abortion in the Catholic abortion forces have been so successful arguing just the opposite: that the Demo- Church, and her work has appeared in The in the last decade is that “progressive cratic Party needs to be more accepting of Atlantic, Salon, The Nation, and Huff- and humanist people have failed to offer pro-life voters if it wants to be competi- ington Post. a moral, spiritual, ethical, or religious tive across the country. They argue that

FALL 2017 Political Research Associates • 21 endnotes

Hiding in Plain Sight, p. 3 and “One-Time American Renaissance Writer Ian Project,” The Glenn Beck Program, June 13, Amendments By a Convention of the States: Ar- Jobling Repudiates Racist Editor Jared Taylor,” 2017, http://www.glennbeck.com/content/ ticle V A Handbook for State Lawmakers,” Ameri- 1. Greg Johnson, interview with author, July SPLC Intelligence Report, 2012 Winter Issue, No- audio/61317-jim-demint-and-the-convention- can Legislative Exchange Council, 2016, https:// 29, 2017. vember 11, 2012. of-states-project/. www.alec.org/app/uploads/2016/06/2016-Arti- 2. Some declined to follow this directive. Fewer 25. Many of these appearances can no longer be 3. Fredreka Schouten, “Exclusive: In latest job, cle-V_FINAL_WEB.pdf. than a dozen AmRen attendees got in shouting found on YouTube. But see, for example, Taylor Jim DeMint wants to give Tea Party ‘a new mis- 26. Karla Jones, “Spotlight on Federalism in matches with protesters, and an attendee and a with Derek Black on Don Black’s show, https:// sion,’” USA Today, June 12, 2017, https://www. Denver,” American Legislative Exchange Coun- demonstrator were involved in a violent scuffle www.youtube.com/watch?v=sJi4AbEoMVA. usatoday.com/story/news/politics/2017/06/12/ cil, July 14, 2017, https://www.alec.org/article/ that resulted in arrests for both. 26. SPLC, “One Time American Renaissance jim-demint-joins-group-that-wants-to-amend- spotlight-on-federalism-in-denver/. 3. Except the antisemitic ban, which is not Writer Ian Jobling.” Hunter Wallace (Brad Grif- constitution-tea-party/102748540/. 27. Dan Tuohy, “GOP’s Kasich explores whether intended to signal wealth, but moderation and fin), “Jared Taylor: Friend or Foe?”, Occidental 4. Breitbart, “Whatever It Takes,” SoundCloud he’s a contender,” New Hampshire Union Leader, respectability. Dissent, July 26, 2009, http://www.occidentald- audio, 15:33, July 28, 2017, https://soundcloud. March 24, 2015, http://www.unionleader. 4. Jared Taylor, “Income Inequality: The De- issent.com/2009/07/26/jared-taylor-friend-or- com/breitbart/whatever-it-takes-fmr-senator- com/apps/pbcs.dll/article?AID=/20150325/ bate Ignores Race,” American Renaissance, foe/. “American Renaissance’s Jared Taylor Goes jim-demint-july-28-2017. NEWS0605/150329578. https://www.amren.com/features/2014/01/ Full Anti-Semite,” Anti-Fascist News, August 26, 5. “Kochs Bankroll Move to Rewrite the 28. “Republican John Kasich leads charge for income-inequality-the-debate-ignores-race/. 2016, https://antifascistnews.net/2016/08/26/ Constitution,” PR Watch Editors, March balanced budget vote,” The Associated Press, 5. Following his arrest in Charlottesville, american-renaissances-jared-taylor-goes-full- 23, 2017, http://www.prwatch.org/ March 25, 2017, http://wtop.com/govern- Damigo (one of the organizers of the Charlot- anti-semite/. news/2017/03/13229/koch-brothers-bankroll- ment/2017/03/republican-john-kasich-leads- tesville Unite the Right demonstrations) stepped 27. For example, in a 2017 study by the ADL, constitutional-convention. charge-for-balanced-budget-vote/. down as CEO of Identity Evropa, but he remains 14 percent of American survey respondents ex- 6. Rachel Tabachnick, “Ted Cruz & ALEC: 29. Sarah Palin, Facebook post, February 3, committed to White nationalism. pressed antisemitic attitudes. (https://www.adl. Seceding from the Union One Law at a Time,” 2015, https://www.facebook.com/sarahpalin/ 6. Documentary Storm, “Warton: In Every org/sites/default/files/documents/ADL_MS_Sur- Political Research Associates, February 5, 2014, videos/vb.24718773587/10153082943858588 War, There are Invisible Wounds,” Documenta- vey_Pres_1_25_17.pdf) In comparable 2012 data http://www.politicalresearch.org/2014/02/05/ / and Convention of States Action, “Sarah Palin rystorm.com, https://documentarystorm.com/ from the General Social Survey by the National ted-cruz-alec-seceding-from-the-union-one- says it how it is,” Facebook, April 7, 2016 https:// wartorn/. HBO, “Interview with Charilyn Dami- Opinion Research Center at the University of law-at-a-time/. For further discussion, see www.facebook.com/COSAction/videos/vb.8586 go,” Hbo.com, http://www.hbo.com/documen- Chicago, 21-45 percent of White Americans gave Paul Rosenberg, “Tea Party hatches quiet-but- 90294163657/1155376494495034/. taries/wartorn-1861-2010/interview/interview- racist responses to a variety of questions about insane plot against democracy: Meet the ’12 30. Brendan O’Connor, “Right-Wing Billion- with-charilyn-damigo.html. African-Americans, such as whether it is okay Percent Solution’, Salon, January 16, 2014, aires Are Buying Themselves a New Constitu- 7. It’s worth noting that ancient Greece and to discriminate against them in housing and http://www.salon.com/2014/01/16/the_ tion,” Splinter News, April 4, 2017, http:// Rome were multicultural societies, and that the whether African-Americans are less hard-work- right%E2%80%99s_quiet_but_insane_plot_ splinternews.com/right-wing-billionaires-are- modern category of race did not exist there. The ing than White people. (https://www.nytimes. against_democracy_the_12_solution/. buying-themselves-a-new-con-1793960357. only ethnic group ancient Greeks were likely to com/2014/04/30/upshot/dont-be-surprised- 7. Rachel Tabachnick and Frank Cocozzelli, 31. “Citizens for Self-Governance,” Source- condemn as inferior was Persians (after the Per- that-people-still-say-racist-things.html. “Nullification, Neo-Confederates, and the- Re Watch, The Center for Media and Democracy, sian war); for ancient Romans, it was Germans, 28. Nearly absent in the political debate is the venge of the Old Right,” The Public Eye, Fall 2013, http://www.sourcewatch.org/index.php/Citi- Britons, and Gauls. fact that there are Jews of color and still other http://www.politicalresearch.org/2013/11/22/ zens_for_Self-Governance. 8. Charles Murray, Human Accomplishment in Jews—including many Sephardim and Mizrahi— nullification-neo-confederates-and-the-revenge- 32. Alex Kotch, “Kochs Bankroll Move to Re- the Arts and Sciences: The Pursuit of Excellence, 800 to whom the prevailing social apparatus has not of-the-old-right/; Frederick Clarkson, “Rum- write the Constitution,” The Center for Media and BC to 1950 (New York: Harper, 2003). yet conclusively assigned a race. And of course, blings of Theocratic Violence,” The Public Eye, Democracy’s PR Watch, March 23, 2017, http:// 9. In the context of mocking a human genome nearly all White nationalists have already con- Summer 2014, http://www.politicalresearch. www.prwatch.org/news/2017/03/13229/koch- research project in Ireland, Derbyshire said in a signed all Jews to the category of non-White. org/2014/06/11/rumblings-of-theocratic-vio- brothers-bankroll-constitutional-convention. heavy Irish accent, “‘Hold there, Bridget, I just 29. George Hocking, “Who Are the One Per- lence/. 33. Brendan O’Connor, “Right-Wing Billionaires want to take down your genes (jeans)!’ ‘Michael! cent?” Counter-Currents, December 16, 2011. 8. Peter Montgomery, “Bryan Fischer Wants Are Buying Themselves a New Constitution.” Away with your filthy talk!’” Then he said, “What, 30. Daniel J. Solomon, “End Jewish Privilege Trump To Defy Federal Judge on Immigration,” 34. “Citizens for Self-Governance,” Source- I can’t tell an ethnic joke at American Renais- Poster Circulates on Chicago College Campus,” People For the American Way’s Right Wing Watch, The Center for Media and Democracy, sance?” The Forward, March 16th, 2017. Watch, March 31, 2017, http://www.rightwing- http://www.sourcewatch.org/index.php/Citi- 10. See, for example, David B. Roediger, Work- 31. Phone interview with Sonia Lundy, Septem- watch.org/post/bryan-fischer-wants-trump-to- zens_for_Self-Governance. ing toward Whiteness: How America’s Immigrants ber 26, 2017. defy-federal-judge-on-immigration/. 35. Tom Coburn, “A means to smite the fed- Became White (New York: Basic Books, 2005). 32. Rosie Gray, “Inside a White Nationalist Con- 9. Peter Montgomery, “NC Bill to Defy Su- eral Leviathan,” The Washington Times, February 11. Stephen Ansolabehere and Brian Schaffner, ference Energized by Trump’s Rise,” Buzzfeed, May preme Court on Marriage Reflects Broader Right- 24, 2015, http://www.washingtontimes.com/ “CCES Common Content, 2016.” Dataverse.har- 26, 2016, https://www.buzzfeed.com/rosiegray/ Wing Nullification Campaign,” People For the news/2015/feb/24/tom-coburn-calling-a-con- vard.com, https://dataverse.harvard.edu/data- inside-a-white-nationalist-conference-energized- American Way’s Right Wing Watch, April 12, vention-of-states/. set.xhtml?persistentId=doi%3A10.7910/DVN/ by-trumps-ri?utm_term=.fa7kdAVo#.hqokRNKr. 2017, http://www.rightwingwatch.org/post/ 36. Tom Coburn, Smashing the DC Monopoly: Us- GDF6Z0. 33. Allegra Kirkland, “Great White Hope: nc-bill-to-defy-supreme-court-on-marriage- ing Article V to Restore Freedom and Stop Runaway 12. For an excellent analysis of political con- Trump Unites Generations of White National- reflects-broader-right-wing-nullification-cam- Government, (Washington, D.C.: WND Books, tradictions in the white working class, see: Jef- ists,” Talking Points Memo, May 24, 2016, http:// paign/. 2017). ferson Cowie, “How Labor Scholars Missed the talkingpointsmemo.com/muckraker/trump- 10. “2017 Campaign Report,” Balanced Budget 37. Tom Coburn, Smashing the DC Monopoly, Trump Revolt,” The Chronicle of Higher Education, american-renaissance-2016-conference. Amendment Task Force, http://bba4usa.org/ Kindle location 860. September 1, 2017, http://www.chronicle.com/ 34. Personal communications with the invited report/. 38. Tom Coburn, Smashing the DC Monopoly, article/How-Labor-Scholars-Missed-the/241049. reporters. 11. Convention of States national update, ac- Kindle location 2822. 13. Naomi Klein, No Is Not Enough: Resisting 35. Dennis Roddy, “Jared Taylor: A Racist in the cessed August 7, 2017, https://www.conven- 39. Tom Coburn, Smashing the DC Monopoly, Trump’s Shock Policies and Winning the World We Guise of ‘Expert,’” Pittsburgh Post-Gazette, Janu- tionofstates.com/nu. Kindle location 2840. Need, (Chicago: Haymarket, 2017),124-125. ary 23, 2005. American Renaissance gets more 12. James Kenneth Rogers, “The Other Way to 40. Tom Coburn, Smashing the DC Monopoly, 14. Richard Spencer, “Why Trump Must Cham- than one benefit from this aspect of its- brand Amend the Constitution: The Article V Consti- Kindle location 3056. pion National Healthcare,” Altright.com, March ing; the group files with the IRS as a tax-exempt tutional Convention Amendment Process,” Har- 41. Brendan O’Connor, “Right-Wing Billionaires 23, 2017, https://altright.com/2017/03/23/why- “charitable organization” on “intergroup/race vard Journal of Law & Public Policy, Vol 30, no. 3, Are Buying Themselves a New Constitution.” trump-must-champion-universal-healthcare/. relations” and “civil rights.” guidestar.org/pro- p 1009, http://www.law.harvard.edu/students/ 42. David Brody, “Enough is Enough: The Case 15. Jay Hathaway, “How Gamgergate Radi- file/61-6212159. orgs/jlpp/Vol30_No3_Rogersonline.pdf. for a Convention of States,” CBN News, April cals Seized Sci-Fi’s Most Prestigious Awards,” 36. “Concerns Grow Over Racist Incidents on 13. “BBA Campaign History,” Balanced Budget 15, 2015, http://www1.cbn.com/cbnnews/poli- Gawker, April 10, 2015, http://gawker.com/how- Campus,” CNN, May 15, 2017, http://www.cnn. Amendment Task Force, http://bba4usa.org/ tics/2015/April/Enough-Is-Enough-The-Case- gamergate-radicals-seized-sci-fis-most-presti- com/videos/us/2017/05/15/racist-incidents-col- campaign/. for-a-Convention-of-States. gious-1696731611. See also: Jeet Heer, “Science lege-campuses-dnt-sidner-lead.cnn/video/playl- 14. Nick Dranias, “Introducing Article V 2.0: 43. “The Jefferson Statement,” Convention of Fiction’s White Boys’ Club Strikes Back,” Newre- ists/racist-incidents/. The Compact for a Balanced Budget,” The Heart- States, September 11, 2014, https://www.con- public.com, April 17, 2015, https://newrepublic. 37. “Initiative for Faculty Excellence and Diver- land Institute, March 2016, https://www.heart- ventionofstates.com/the_jefferson_statement. com/article/121554/2015-hugo-awards-and- sity: Update,” Yale University, August 31, 2016. land.org/_template-assets/documents/publica- 44. “The Jefferson Statement,” Convention of history-science-fiction-culture-wars. 38. Zaitchik, “Klan Lawyer Sam Dickson.” tions/03-30-16_dranias_update.pdf. States. 16. Tara McCarthy, “Vox Day vs Greg Johnson 39. Roger Ebert, “Africa Addio” rogerebert.com, 15. “5 Down, 33 to Go!” Compact for America 45. Bible & Politics, www.bibleandpolitics. DEBATE: Are Nazis Alt Right?”, YouTube video, http://www.rogerebert.com/reviews/africa-ad- map, http://www.compactforamerica.org/bal- com, accessed August 7, 2017. 1:04:50, August 2017, https://www.youtube. dio-1967. anced-budget-compact-project. 46. Peter Montgomery, “Biblical Economics: com/watch?v=j72M9wHvEzw. 40. Andrew Anglin, “Revealing the Esoteric Na- 16. “The Convention of States Article V Appli- The Divine Laissez-Faire Mandate.” 17. Amber Phillips, “The Political Success of ture of the White Sharia Meme,” Daily Stomer; cation,” Convention of States, February 2, 2017, 47. Brian Tashman, “Tony Perkins: Stop Saying the Council of Conservative Citizens, Explained,” archived version http://archive.is/jHbvJ. https://www.conventionofstates.com/cos_ap- ‘God Bless America’ After Gay Marriage Ruling,” Washington Post, June 22, 2015. 41. Sacco Vandal, “In Defense of White Sharia,” plication_in_2_minutes. Right Wing Watch, July 10, 2015, http://www. 18. Eric K. Ward, “Skin in the Game: How An- Counter-Currents, https://www.counter-cur- 17. “The Convention of States Article V Appli- rightwingwatch.org/post/tony-perkins-stop- tisemitism Animates White Nationalism,” The rents.com/2017/06/in-defense-of-white-sharia/. cation,” Convention of States. saying-god-bless-america-after-gay-marriage- Public Eye, Summer 2017. 42. Greg Johnson, “Abortion and White Nation- 18. The Young Turks, “Cenk Announces Wolf- ruling/. 19. E.g. Sam Dickson, “Shattering the Icon of alism”, Counter-Currents, https://www.counter- PAC.com at Occupy Wall Street,”, YouTube 48. Andrew DeMillo, “Arkansas Senate OKs Lincoln,” The Barnes Review, Volume XII, Num- currents.com/2016/04/abortion-and-white- video, 2:43, October 19, 2011, https://www. Bids for Marriage, Abortion Amendments,” As- ber 1, January/February 2006, http://barnesre- nationalism/. youtube.com/watch?v=ykLB0d4KNAc. sociated Press, February 28, 2017, https://www. view.org/shattering-the-icon-of-lincoln/; Sam 43. Richard Spencer, “Why Tomi Lahren is Right 19. The Young Turks, “Find Out How Left-Wing usnews.com/news/best-states/arkansas/ar- Dickson, “Willis Carto: An Obituary,” The Barnes on Abortion”, https://altright.com/2017/03/20/ Group Betrayed Progressives (Common Cause),” ticles/2017-02-28/arkansas-senate-oks-bids-for- Review, October 30, 2015, http://barnesreview. why-tomi-lahren-is-rights-on-abortion/. YouTube Video, 18:58, April 6, 2017, https:// marriage-abortion-amendments. org/willis-carto-an-obituary/. See also: Alexan- 44. Ibid. On other occasions, Johnson has www.youtube.com/watch?v=CmEpvaL5mKQ. 49. Jacqueline Foelich, “Arkansas’s Call for a der Zaitchik, “How Klan Lawyer Sam Dickson Got echoed Spencer, calling contraception “dysgenic” 20. Karen Hobert Flynn, “Young Turks Attack Constitutional Convention of States Progresses, Rich,” SPLC Intelligence Report, 2006 Fall Issue, because it allegedly leads to fewer births by the on Common Cause Ignores Danger of New Con- Before Failing,” Arkansas Public Media, March October 19, 2006. “fit.” Greg Johnson, “To a Reluctant Bridegroom”, stitutional Convention,” Common Cause, April 16, 2017. http://ualrpublicradio.org/post/ 20. Sam Dickson, http://www.sam-dickson. Counter-currents, https://www.counter-cur- 6, 2017, http://www.commoncause.org/press/ arkansass-call-constitutional-convention-states- com/. rents.com/2015/11/to-a-reluctant-bridegroom/. press-releases/young-turks-attack-on-common. progresses-failing#stream/0. 21. For example, see @FashyHaircut (Na- 45. Originally founded by racist skinheads in html. 50. “Stivers’ Article V Rule Change Passes than Damigo): https://twitter.com/father- California, the AFP’s leadership also includes Kev- 21. “Common Cause Opposes a Constitutional on House Floor,” Press Release from office of landradio/status/890804669030649857?re in MacDonald, the leading antisemitic speaker Convention,” Common Cause, http://www. Rep. Steve Stivers, January 8, 2015, https:// fsrc=email&s=11 Also, https://twitter.com/ and writer in the United States, and Jamie Kelso commoncause.org/issues/more-democracy-re- stivers.house.gov/news/documentsingle. nathandamigo/status/894314789446467584 of Stormfront. See http://american3rdposition. forms/constitutional-convention/constitution- aspx?DocumentID=398492. and https://twitter.com/nathandamigo/sta- com/speakers-bureau/; http://american3rdpo- al-convention-fact-sheet.pdf. 51. “The Dangerous Path: Big Money’s Plan to tus/896037155440480256. sition.com/category/leadership/ ; and https:// 22. Jennifer Bogdan, “At R.I. State House, Shred the Constitution,” Common Cause, May 22. Heidi Beirich and Mark Potok, “Schism www.splcenter.org/fighting-hate/extremist- Wolf PAC lobbyists made late push,” Providence 2016, http://www.commoncause.org/issues/ over Antisemitism Divides Key White Nationalist files/group/american-freedom-party. Journal, June 20, 2016, http://www.providence- more-democracy-reforms/constitutional-conven- Group, American Renaissance,” SPLC Intelligence 46. Cowie, “How Labor Scholars Missed the journal.com/news/20160620/at-ri-state-house- tion/dangerous-path-report.pdf. Report, August 11, 2006. Also, Jared Taylor, “Jews Trump Revolt.” wolf-pac-lobbyists-made-late-push. 52. Richard Kogan, “Constitutional Balanced and American Renaissance,” American Renais- 23. Fred Wertheimer, interview with author, Budget Amendment Poses Serious Risks: Would sance, April 14, 2006, https://www.amren.com/ Convention of States, p. 9 July 25, 2017. Likely Make Recessions Longer and Deeper, Could news/2006/04/jews_and_americ/. Additionally, 24. “Application for a Convention of the States Harm Social Security and Military and Civil Ser- see this list of the 15 American Renaissance con- 1. Eliza Collins, “Jim DeMint ousted at Heritage Under Article V of the Constitution of the United vice Retirement,” Center on Budget and Policy ferences and their speakers: https://www.amren. Foundation,” USA Today, May 2, 2017, https:// States,” American Legislative Exchange Council, Priorities, updated January 18, 2017, https:// com/archives/conferences/. www.usatoday.com/story/news/politics/onpoli- finalized July 24, 2015 and amended September www.cbpp.org/research/constitutional-bal- 23. Beirich and Potok, “Schism over Antisemi- tics/2017/05/02/jim-demint-ousted-heritage- 4, 2014, https://www.alec.org/model-policy/ anced-budget-amendment-poses-serious-risks. tism.” foundation/101220722/. article-v-convention-of-the-states/. 53. Michael Leachman and David Super, “States 24. Ibid. See also, Taylor, “Income Inequality,” 2. “Jim DeMint and The Convention of States 25. Robert Natelson, “Proposing Constitutional Likely Could Not Control Constitutional Conven-

22 • The Public Eye FALL 2017 endnotes

tion on Balanced Budget Amendment or Other Is- gious Exemptions Law to Constitutional Con- tury America (Cambridge, MA: Harvard University sues,” Center on Budget and Policy Priorities, Jan- vention,” Associated Press, December 5, 2016, Press, 2017). Down syndrome are terminated, the test violates uary 18, 2017, https://www.cbpp.org/research/ https://www.lgbtqnation.com/2016/12/will- 3. Frederick Clarkson, “The Perfect Storm,” the right to life of individuals with that condition. states-likely-could-not-control-constitutional- republicans-take-religious-exemptions-law-con- forthcoming Political Research Associates report. In several countries that are parties to the United convention-on-balanced-budget-amendment-or. stitutional-convention/. 4. Jaime S. King, “Politics and Fetal Diagnostics Nations Convention on the Rights of Persons with 54. Robert Natelson, “How Progressives Pro- 78. “Republican Success Opens Door to Amend- Collide,” Nature 491, November 1, 2012, p. 33. Disabilities, disability-rights groups have invoked moted the ‘Runaway Convention’ Myth to Pre- ing U.S. Constitution,” Chicago Tribune, Decem- 5. Beth Daley, “Oversold and Misunderstood: the convention to try to change policy that they be- serve Judicial Activism,” The Hill, May 7, 2017, ber 5, 2016, http://www.chicagotribune.com/ Prenatal Screening Tests Prompt Abortions,” New lieve favors disability-selective abortion. http://thehill.com/blogs/pundits-blog/the- news/nationworld/ct-republican-constitution- England Center for Investigative Reporting, Dec. 25. Rebouché, “Non-Invasive Testing,” 228. judiciary/332172-how-progressives-promoted- amendment-20161205-story.html. 13, 2014, https://www.necir.org/2014/12/13/ 26. For the text of the Act: https://www.govtrack. the-runaway-convention-myth-to. 79. “2017 Campaign Report,” Balanced Budget prenatal-testing/. us/congress/bills/110/s1810/text. 55. “Report of Proceedings in Congress, Amendment Task Force. 6. Rachel Rebouché, “Non-Invasive Testing, 27. For a list, see “Pro-Information Laws & Tool- Wednesday, February 21, 1787,” posted by Lillian 80. ”COS National Update,” Convention of Non-Invasive Counseling,” Journal of Law, Medicine kit,” National Down Syndrome Society. http:// Goldman Law Library of Yale Law School, http:// States. & Ethics, 43 (2015): 228–240, on p. 228. www.ndss.org/Advocacy/Legislative-Agenda/ avalon.law.yale.edu/18th_century/const04.asp. 81. Breitbart, “Breitbart News Daily – Tom Co- 7. Alison Bashford, “Where Did Eugenics Go?”, Health-Care-Research/Pro-Information-Laws- 56. David Super, “A Constitutional Convention burn,” SoundCloud audio, 18:16, July 6, 2017, in Oxford Handbook of the History of Eugenics, eds. Toolkit/. is the Last Thing America Needs,” Los Angeles https://soundcloud.com/breitbart/breitbart- Alison Bashford and Philippa Levine (Oxford: Ox- 28. Nancy McCrae Iannone, “Keep Abortion Poli- Times, March 15, 2017, http://www.latimes. news-daily-tom-coburn-july-5-2017. ford University Press. 2010), 539-558. tics Out of the Pro-Information Movement,” June com/opinion/op-ed/la-oe-super-constitutional- 82. Wisconsin Rep. Chris Taylor , interview with 8. Pauline Mazumdar, “‘Reform Eugenics’ and 21, 2014: http://www.thismess.net/2014/06/ convention-20170315-story.html. author, August 1, 2017. the Decline of Mendelism,” Trends in Genetics 18, 1 keep-abortion-politics-out-of-pro.html); David M. 57. “The Convention of States Article V Appli- 83. Letter to activists on Nevada rescission reso- (2002): 48-52, on p. 51. Perry, “Faux-Information: Indiana and the Collapse cation,” Convention of States, February 2, 2017, lution: “Nevada,” Convention of States Action, 9. Mark Leach, “Eugenics: Then and Now in of the Pro-Information Coalition,” Jan. 19, 2015: https://www.conventionofstates.com/cos_appli- 2017, https://www.cosaction.com/nevada. the Era of Prenatal Testing for Down Syndrome,” http://www.thismess.net/2015/01/faux-informa- cation_in_2_minutes. 84. Riley Snyder, “Under-the-radar resolution March 31, 2016, http://www.downsyndrome- tion-indiana-and-collapse.html; Mark W. Leach, 58. “COS Simulation,” Convention of States, means Nevada backs off from growing consti- prenataltesting.com/eugenics-then-and-now-in- “Pro-life should not hijack pro-information,” Jan. https://www.conventionofstates.com/cossim. tutional convention movement,” The Nevada the-era-of-prenatal-testing-for-down-syndrome/; 21, 2015: http://www.downsyndromeprenatalt- 59. “Official Proposals of the Simulated Conven- Independent, June 13, 2017, https://then- “Pope Speaks Out Against ‘New Eugenics,’” Chris- esting.com/pro-life-should-not-hijack-pro-infor- tion of States,” Convention of States, adopted evadaindependent.com/article/under-the-radar- tian Today, Feb. 25, 2009, https://www.christian- mation/; Mark W. Leach ,”The Down Syndrome September 23, 2016, https://d3n8a8pro7vhmx. resolution-means-nevada-backs-off-from-grow- today.com/article/pope.speaks.out.against.new. Information Act: Balancing the Advances of Prena- cloudfront.net/conventionofstates/pages/6429/ ing-constitutional-convention-movement. eugenics/22627.htm. tal Testing Through Public Policy,” Intellectual and attachments/original/1474994742/Final_Con- 85. Jay Riestenberg, email interview with au- 10. Ellen Painter Dollar, “Does Prenatal Testing Developmental Disabilities, 54 (2016): 84-93. vention_Report_with_Votes.pdf?1474994742. thor, July 26, 2017. Equal Eugenics?” Patheos, August 8, 2012, http:// 29. David M Perry, “Anti-Women, Anti-Infor- 60. Jamie Raskin, “The True Spirit of the Union: 86. “Coalition Letter in Support of our U.S. Con- www.patheos.com/blogs/ellenpainterdollar/ mation: Indiana abortion bill advances,” Feb. 21, How the Commerce Clause Helped Build America stitution,” Phyllis Schlafly Eagles, http://www. about/. 2015. http://www.thismess.net/2015/02/anti- and Why the Corporate Right Wants to Shrink It pseagles.com/Coalition_letter_against_Conven- 11. Ruth Schwartz Cowan, Heredity and Hope: The women-anti-information-indiana.html. Today,” People For the American Way, Septem- tion_of_States. Case for Genetic Screening (Cambridge, MA: Harvard 30. Kate Sheppard, “House GOP’s ‘Prenatal Non- ber 2011, http://www.pfaw.org/report/the-true- 87. Phyllis Schlafly, “Failed Republicans Want University Press, 2008), p. 114. Discrimination’ Bill Fails,” Mother Jones, May spirit-of-the-union-how-the-commerce-clause- to Rewrite the Constitution,” Creators Syndicate, 12. For a fuller version of this argument, see 31, 2017. http://www.motherjones.com/poli- helped-build-america. May 24, 2016 https://www.creators.com/read/ Diane B. Paul, “What Was Wrong with Eugenics? tics/2012/05/house-gop-abortion-sex-selection/. 61. Jason Rylander, “Protecting Endangered phyllis-schlafly/05/16/failed-republicans-want- Conflicting Narratives and Disputed Interpreta- For the current bill: https://www.congress.gov/ Species Under the Commerce Clause: People to-rewrite-the-constitution. tions,” Science & Education 23 (2014): 259-271. bill/115th-congress/house-bill/147/. for the Ethical Treatment of Property Owners v. 88. Michael Leachman and David Super, “States 13. Matt Ridley, “Gene Editing Isn’t a Slippery 31. Sital Kilantry, “Here’s Why that Race-Sex Se- U.S. Fish and Wildlife Service, ACS Blog, Ameri- Likely Could Not Control Constitutional Conven- Slope to Eugenics,” The Times (London), May 16, lection Bill is so Discriminatory,” We•news, April can Constitution Society, September 25, 2015, tion.” 2016. 19, 2016, http://womensenews.org/2016/04/ https://www.acslaw.org/acsblog/all/commerce- 89. Robert Natelson, “Article V A Handbook for 14. Quoted in John Sutherland, “The Ideas In- heres-why-that-race-sex-abortion-ban-bill-is-so- clause ; Jonathan Wood, “PLF petitions for re- State Lawmakers.” terview: Julian Savulescu. Eugenics Need Not Be discriminatory/. hearing in Utah prairie dog case,” Liberty Blog, 90. Michael Leachman and David Super, “States Nazi, and Drugs in Sport are Good, Oxford’s Lead- 32. Quoted in Joseph Guzman, Cronkite News, Pacific Legal Foundation, May 17, 2017, https:// Likely Could Not Control Constitutional Conven- ing Ethicist Tells John Sutherland,” The Guardian, “Glendale Congressman Hopeful for ‘Born Alive’ pacificlegal.org/plf-petitions-rehearing-utah- tion on Balanced Budget Amendment or Other October 9, 2005, http://www.guardian.co.uk/sci- Abortion Bill with Trump in White House,” Ari- prairie-dog-case/. Issues.” ence/2005/oct/10/genetics.research. zona Republic, January 26, 2017. http://www. 62. “Speaker Mesnard Applauds Passage of Leg- 91. “2017 Campaign Report,” Balanced Budget 15. Other examples include Philip Kitcher, The azcentral.com/story/news/politics/washing- islation Calling for Article V Convention on Bal- Amendment Task Force. Lives to Come: The Genetic Revolution and Human ton/2017/01/26/glendale-congressman-trent- anced Budget Amendment, Arizona Also Calls 92. Mark Meckler to Hon. Luke Messer, March Possibilities, (New York: Free Press, 1997), Daniel franks-hopes-born-alive-abortion-bill-trump-ad- for Meeting of States to Plan Rules for Conven- 23, 2017, Convention of States, http://www. Wikler, “Can We Learn from Eugenics?” Journal of ministration/97084288/. tion,” Arizona House Republicans press release, foavc.org/Pages/COS.pdf. Medical Ethics 25 (1999): 183-194; Nicholas Agar, 33. Sheppard, “House GOP’s ‘Prenatal Non-Dis- April 3, 2017, https://www.azhouserepublicans. 93. “Citizens for Self Governance’s Mark Meck- Liberal Eugenics: In Defense of Human Enhancement crimination’ Bill Fails.” com/single-post/2017/04/03/Speaker-Mesnard- ler makes the case for a Convention of States,” (Hoboken, NJ: Wiley-Blackwell, 2004), Jonathan 34. “Abortion Bans in Cases of Race or Sex Selec- Applauds-Passage-of-Legislation-Calling-for-Ar- GlennBeck.com, December 18, 2013,http:// Glover. Choosing Children: Genes, Disability, and De- tion or Genetic Anomaly [As of June 1, 2017],” ticle-V-Convention-on-Balanced-Budget-Amend- www.glennbeck.com/2013/12/18/citizens-for- sign (Oxford: Oxford University Press, 2006). Guttmacher Institute. https://www.guttmacher. ment-Arizona-Also-Calls-for-Meeting-of-States- self-governance%E2%80%99s-mark-meckler- 16. Joan Rothschild, Dream of the Perfect Child org/state-policy/explore/abortion-bans-cases-sex- to-Plan-Rules-for-Convention. makes-the-case-for-a-convention-of-states/. (Bloomington: Indiana University Press, 2005), or-race-selection-or-genetic-anomaly; Kilantry, 63. Alia Beard Rau, “Phoenix Constitutional 94. “Jim DeMint and The Convention of States 3-4. “Here’s Why.” Convention Gives ‘Rebirth to a New Nation,’ Project,” The Glenn Beck Program. 17. Mark Leach, “A Eugenics Common Sense?,” 35. Olga Khazan, “Planning the End of Abortion,” Planners Say,” AZ Central, September 15, 2017. 95. Ross Ramsey, “UT/TT Poll: Texas voters wary Public Discourse, July 31, 2012, http://www.the- The Atlantic, July 16, 2015: https://www.theatlan- http://www.azcentral.com/story/news/politics/ of making changes to the U.S. Constitution,” The publicdiscourse.com/2012/07/5808/) tic.com/politics/archive/2015/07/what-pro-life- arizona/2017/09/15/phoenix-constitutional- Texas Tribune, June 20, 2017, https://www.texas- 18. ACOG Practice Bulletin No. 77: screening activists-really-want/398297/. convention-gives-rebirth-new-nation-planners- tribune.org/2017/06/20/uttt-poll-texas-voters- for fetal chromosomal abnormalities, Obstetrics 36. Willoughby Mariano, “Cain Claims Planned say/664206001/. wary-making-changes-us-constitution/. and Gynecology 109, 1 (2007): 217-27; Deborah A. Parenthood Founded for ‘Planned Genocide,’” 64. Michael Leachman and David Super, “States 96. “Constitutional Rights and Public Interest Driscoll and Susan J. Gross, “First Trimester Diag- PolitiFact Georgia, March 15, 2011,http://www. Likely Could Not Control Constitutional Conven- Groups Oppose Calls for an Article V Constitu- nosis and Screening for Fetal Aneuploidy,” Genet- politifact.com/georgia/statements/2011/apr/08/ tion on Balanced Budget Amendment or Other tional Convention,” Open letter, April 14, 2017, ics in Medicine 10, 1 (2008): 73-75. herman-cain/cain-claims-planned-parenthood- Issues.” http://www.commoncause.org/issues/more- 19. M. Allyse, M.A. Minear, E. Berson et al. founded-planned-gen/. 65. Mark Levin, The Liberty Amendments: Re- democracy-reforms/constitutional-convention/ “Non-Invasive Prenatal Testing: A Review of Inter- 37. Quoted in Kalantry, “Here’s Why that Race- storing the American Republic, (New York: Thresh- constitutional-rights-and.pdf. national Implementation and Challenges,” Interna- Sex Selection Bill is so Discriminatory.” old Editions, 2013). 97. “More Than 200 Organizations Oppose tional Journal of Women’s Health 7 (2015): 113–126; 38. On the eugenic abortion exception pre-Roe, 66. Mark Levin, address to 2014 American Calls for New Constitutional Convention, Warn J. Mozersky, et al, “Toward an Ethically Sensitive see Charles P. Kindregan, “Eugenic Abortion,” Suf- Legislative Exchange Council States and Nation of Dangers,” Common Cause press release, April Implementation of Noninvasive Prenatal Screen- folk University Law Review (1972) 6: 405-60 (1972), Policy Summit. 14, 2017, https://www.commondreams.org/ ing in the Global Context,” Hastings Center Report on p. 405, note 2; see also pp. 421-23 on the word- 67. Mark Meckler testimony: “Assembly Stand- newswire/2017/04/14/more-200-organizations- 47, 2 (2017): 41-49. European Union regulations ing of these laws. On the passage of post-Roe laws ing Committee on Judiciary Hearing of 04-26- oppose-calls-new-constitutional-convention- prohibit direct-to-consumer advertising of pre- allowing late-term abortion for fetal anomaly, see 2016,” video, 42:43, https://test.digitaldemoc- warn-dangers. scription drugs but not genetic tests. For the cur- Rebouché, “Non-Invasive Testing,” 232. racy.org/hearing/1042?startTime=84&vid=ce3t 98. “More than 200 Organizations Oppose Calls rent state of play in the EU and its member states 39. “Infants’ Protection Project,” Americans oY5NtaA. for New Constitutional Convention,” Common see Louiza Kalokairinou, Pascal Borry, and Heidi United for Life, http://www.aul.org/infants-pro- 68. Brendan O’Connor, “Right-Wing Billion- Cause press release. Carmen Howard, “Regulating the Advertising of tection-project/. aires Are Buying Themselves a New Constitu- 99. Viki Harrison, interview with author, July Genetic Tests in Europe: a Balancing Act,” Journal 40. Dan Vergano, “8 Ways Trump’s VP Pick Made tion.” 26, 2017. of Medical Genetics, (22 July 2017). doi: 10.11361. Indiana an Extreme Anti-Abortion State,” Buzzfeed 69. Fritz Pettyjohn, “Arizona Calls the First 100. Fred Wertheimer, interview with author, 20. A. Agarwal, et al, “Commercial Landscape News, Oct. 19, 2016. The quotation appeared in a Convention of States Since 1861.” American Leg- July 25, 2017. of Noninvasive Prenatal Testing in the United comment by Todd Zwillich. https://www.buzzfeed. islative Exchange Council (originally posted at 101. Wisconsin Rep. Chris Taylor, interview with States,” Prenatal Diagnosis 33 (2013): 521–531, com/danvergano/pence-on-abortion. On Pence’s ReaganProject.com), April 3, 2017, https://www. author, August 1, 2017. doi:10.1002/pd.4101; P. Twiss, et al, “Non- anti-abortion efforts see also Monica Davey and Mi- alec.org/article/arizona-calls-the-first-conven- 102. Jennifer Bevan-Dangel, interview with au- Invasive Prenatal Testing for Down Syndrome,” chael Barbaro, “How Mike Pence Became a Conser- tion-of-states-since-1861/. thor, July 27, 2017. Seminars in Fetal and Neonatal Medicine 19, 1: 9-14 vative Hero: Unwavering Opposition to Abortion,” 70. Fritz Pettyjohn, “Arizona Calls the First Con- 103. Reid Wilson, “Dems Hit New Low in (Philadelphia: WB Saunders, 2014). New York Times, July 16, 2016. vention of States Since 1861.” State Legislatures,” The Hill, November 21. Lisa Hui, et al. “Population-based Impact of 71. Richard Kogan, “Constitutional Balanced 18, 2016, http://thehill.com/homenews/ Noninvasive Prenatal Screening on Screening and Budget Amendment Poses Serious Risks.” campaign/306736-dems-hit-new-low-in-state- Diagnostic Testing for Fetal Aneuploidy,” Genetics 72. Ibid. legislatures. in Medicine (2017), Epub ahead of print. 73. Robert Natelson, “A Proposed Balanced 104. Rebecca Savransky, “Democrats flip two 22. Vardit Ravitsky, “Non-Invasive Prenatal Ge- Budget Amendment,” Heartland Institute Policy seats in state special elections,” The Hill, Sep- netic Testing: Social and Ethical Challenges.” Panel Brief, July 18, 2017, https://www.heartland.org/ tember 27, 2017, http://thehill.com/homenews/ on NIPT, Harvard Law School, November 6, 2014. publications-resources/publications/a-proposed- campaign/352617-democrats-flip-two-seats-in- 23. PrenaTest is a noninvasive test for Down balanced-budget-amendment. state-special-elections. syndrome. The McGovern and Prentice quotes are 74. Breitbart, “Whatever it Takes,” SoundCloud from Celeste McGovern, “New Prenatal Testing audio, 15:33, July 28, 2017, https://soundcloud. Prenatal Diagnosis, p. 15 Could Drastically Increase Abortion Rate,” Na- com/breitbart/whatever-it-takes-fmr-senator- tional Catholic Register, June 25, 2012. http://www. jim-demint-july-28-2017. 1. Molly Redden, “This Law Allows Genetic ncregister.com/daily-news/new-prenatal-testing- 75. “Excerpt: Mark Levin’s ‘The Liberty Amend- Counselors to Turn Away Gays and Unwed Par- could-drastically-increase-abortion-rate. Cardinal ments,’” Fox Nation, October 1, 2013, http:// ents,” Mother Jones, March 25, 2014, http://www. Schönborn is quoted in Johannes Bucher, “New nation.foxnews.com/2013/10/01/excerpt-mark- motherjones.com/politics/2014/03/virginia- Prenatal Test Will Bring Eugenics Back to Ger- levins-liberty-amendments. conscience-clause-genetic-counselors-mcauliffe- many,” Human Life International (2012), http:// 76. Arn Pearson, “Koch Convention to Re- abortion/. Redden notes that the law was signed www.hli.org/2012/08/new-prenatal-test-will- write Constitution Runs into Roadblocks,” The by Democratic Gov. Terry McAuliffe. For the Act: bring-eugenics-back-to-germany/. Center for Media and Democracy’s PR Watch, http://law.lis.virginia.gov/vacode/title54.1/chap- 24. In 2012, Down Syndrome International, a June 12, 2017, https://www.prwatch.org/ ter29/section54.1-2957.21/. federation of 30 organizations from 16 countries, news/2017/06/13254/koch-convention-rewrite- 2. For a recent, excellent analysis of abortion filed an objection to the sale of the PrenaTest at the constitution-roadblocks. law, policy, and politics, see Carol Sanger, About European Court of Human Rights. The filing -ar 77. David Lieb, “Will Republicans Take Reli- Abortion: Terminating Pregnancy in Twenty-First Cen- gued that since most pregnancies diagnosed with

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The Art of Activism Spotlighting the efforts of artists and organizations who are engaged in the struggle for social justice and are helping to build the movement through their work.

Our cover artist, Jennifer Luxton, how she can twist the perception of describes herself as a “journalist by something by playing with those im- training, designer by profession, il- ages. “I try to be clever, cheeky, and lustrator by passion, and amateur conceptual in my work, while also taxidermist by moonlight.” Originally being conscious of how much I’m edi- from California, she now lives in the torializing—it’s the journalist in me.” Pacific Northwest and is the lead- de She usually completes the concept signer at YES! Magazine, a solutions- digitally in a style that is bright and oriented social justice publication. graphic with measured use of color. Among other topics, her assignments Whether she is illustrating an ar- have led her to delve into the worlds of ticle or movement message, Luxton creative resistance, sustainable death considers her role as an artist to be the practices, and “kayaktivism”: protest- same. In both types of work she seeks ing with a coordinated group of kayak- “to package content in a way that is ac- ers. cessible, inviting, exciting, and poten- As both a journalist and artist, Lux- tially provocative.” ton is a storyteller at heart. In school Since the election, the stories she’s she was torn between drawing and focused on have revolved more and writing but now enjoys not being lim- Jennifer Luxton, “Liberty on Strike” for YES! Magazine more around resistance. “I’ve had ited to one form or the other. “Being online, March 2017, digital illustration. See more at: http:// more opportunities to illustrate about versed in both words and illustrations jenniferluxton.com/. the state of the world now than I ever lets me choose which are best to tell the story at hand.” did.” In a time when movement-building is more important Her process as an editorial illustrator starts with thinking than ever to protect equal rights and the integrity of the country, about what the audience already knows about a topic and what Luxton finds art indispensible in making “movement messages obvious images might first come to mind. She then asks herself visual.” -Gabriel Joffe

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