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11-13-1999

LETTERS: Letters for November 13, 1999

Abortions and Common Sense

Stuart Taylor Jr.'s musings about the lack of "common sense" embodied in laws banning partial-birth abortion [10/9/99, p. 2865] represent another twisted example of so-called modern thinking.

Logic, religion, and science all lead to the inescapable conclusion that a fetus is 100 percent human. It was the Supreme Court's 1973 decision in Roe vs. Wade that brought us to the current state of affairs. Deciding that a fetus is not a "person" from a constitutional perspective does not change the facts. Instead, it was the Supreme Court's labeling of a fetus as a "nonperson" that created the legal fiction.

Thus, "any parent" is capable of knowing the objective truth and can know what to say to the teenage girl pleading to abort a pregnancy. Her fetus is alive. Her fetus is an individual human being. The pregnancy may be inconvenient. It may even be embarrassing, but that does not change the fact that the fetus is a unique living being.

The fiction of nonhumanity is what creates the terrible ugliness of partial-birth abortion. Is it any wonder, then, that both the lawmakers and the judges struggle with enacting and interpreting laws that seek to restrict the most outrageous procedures?

- David C. Barrett Jr., Kingstowne, Va.

ConReps and LibDems at War

James Kitfield's "Return to Isolationism" [10/9/99, p. 2872] misses an important point. Conservatives and liberals--and, by extension, Republicans and Democrats--have a fundamental ideological disagreement on the extension of American power, especially military power.

Conservatives/Republicans (ConReps, hereafter) generally see the protection of vital American interests as the only appropriate reason to apply U.S. military force. Military force is valid only if soldiers, sailors, and airmen can be sent truly to fight and die for their country, or their country's vital needs. Thus, the Persian Gulf War, fought to preserve stability in the strategic gasoline station for the West, was championed by ConReps and either opposed or quietly tolerated by Liberals/Democrats (LibDems).

Conversely, LibDems tend to see the preservation of strategic interests as a crass, mercenary reason to use military force. To them, military force is morally valid only if young men and women can be sent to fight for a morally good purpose. LibDems lined up behind President Clinton's prosecution of the air war in Kosovo because the stated or implied purpose was to prevent genocide in a European nation. ConReps either criticized the operation or repeated the tepid "We-support-the-troops" line the LibDems were reduced to in 1991.

In short, ConReps support military force only when vital American interests are at stake. LibDems support military force only when no vital American interests are at stake.

- Neal Getz, Springfield, Ill.

An Unfair Swipe at Gore

I take issue with Jonathan Rauch's "Gore in the Balance" [9/18/99, p. 2611]. His column seemed to begin in a tongue-in-cheek manner. As Mr. Rauch continued, however, my smile faded. I should preface my statements by saying that I am an environmentalist, and so share most of Gore's sentiments on the direction of our society and our world.

Mr. Rauch prefaces his statements by admitting a predisposition against Gore's views, and promises an open mind in his perusal (but not necessarily in his analysis). I was encouraged by his brief statements in support of some of Gore's major propositions, but disappointed at how quickly he moved into harsh criticisms.

Rauch plays down the need for sincere rethinking of our business practices and consumer culture toward a system not only in greater harmony with the natural world (i.e., not covered with concrete) but one that will allow us to sustain the existence of all inhabitants of the planet. Easier said than done, of course, but if we never try, how will we know if we could have succeeded?

- Seamus Allman, Washington, D.C.

Green Goals in Seattle

To correct a statement in "A Potential Peacemaker in the Trade Wars" [10/16/99, p. 2974]: The Sierra Club does not advocate withdrawal from the World Trade Organization. In a rapidly globalizing economy, everyone could benefit from a "rules-based" system of commerce. Our concern is that the WTO and the Clinton Administration do not encourage and enforce the right rules. Under current WTO rules, protections for food, forests, wildlife, and air quality have been undermined as "trade barriers." At the WTO summit in Seattle, the Administration needs to focus on fixing trade rules that sacrifice environmental health and safety on the altar of economic globalization. The Sierra Club believes that the WTO can be used to both promote trade and protect the environment.

- Daniel Seligman, Director

Responsible Trade Program

Sierra Club

Political Stereotypes: Bad

Many National Journal readers credit your publication with high-quality analysis and effective presentation, deservedly so. Permit me one reservation, however.

You seem to share with the general media the habit of using political stereotypes. I refer to Carl M. Cannon's "The Right's Take on Bush" [10/23/99, p. 3086] and its reference to a "Republican Right" (in the absence of a "Democratic Left") and to the frequent use of "moderate Republican" in the Politics section (and the absence of "moderate Democrat").

It is a sad day in this two-party democracy if we conclude that there is no "left wing" of the Democratic Party and no need to single out any Democrats as "moderate." Further, it would seem to be of historical significance that "liberal Democrat" has fallen into disuse, leaving just "Democrats" or, as illustrated by Charlie Cook's article "A Who's Who of House Democrats at Risk" [in the same issue, p. 3088], the occasional use of the term "centrist Democrat."

- Lincoln Landis, Locust Grove, Va.

Dignified Solutions, Not Rip-offs

As a former White House staff member accustomed to relying on National Journal's usually insightful and responsible reporting, I was surprised to find a number of errors throughout "Payback Time for High-Fee Lenders" [9/11/99, p. 2564].

The story misled readers by quoting someone from the Consumer Federation of America, who said that 19 states prohibit payday advances. In fact, not one state prohibits them.

Payday-advance customers are charged a fixed fee rather than an interest rate. Thus the description in the article's lead--high-interest loans--is inaccurate. And the assertion that the fees "total hundreds of percentage points a year" is completely irrelevant. Just as a taxicab would be a financially inappropriate way to travel across the country, a payday advance is not designed for long-term borrowing. Misusing either would be financially unsound. And the overwhelming majority of payday-advance users use the product as it was intended: as a short-term stopgap to meet unexpected cash shortfalls. Payday-advance companies give consumers a dignified solution to their cash-flow problems without forcing them to incur long-term debt or declare bankruptcy.

- Billy Webster, President-elect

Community Financial

Services Association of America

A Terminally Flawed Column

Stuart Taylor Jr.'s column [7/10/99, p. 2000] on legislation affecting asbestos litigation is terminally flawed. He chose to ignore evidence presented at the House Judiciary Committee hearing that did not fit his predispositions, and his basic premise that courts are logjammed with asbestos suits is wrong.

Simply put, an asbestos crisis does not exist.

Only 55 cases went through trials last year. In dozens of jurisdictions, from Los Angeles to southern New Jersey, assignment judges have created consolidation mechanisms to allow the free flow of asbestos claims through courtrooms when they cannot be settled (as most are) beforehand.

Mr. Taylor stipulates that at least 25 companies (including almost all asbestos manufacturers) have been "driven into bankruptcy." Contrary to this exaggeration, almost all firms that did declare bankruptcy used this device not only to reorganize and protect profits but also to transfer assets into trusts. Such trusts were set up to compensate asbestos victims and operate these revamped corporations effectively so that future victims could also be compensated. Almost all of the "bankrupt" companies--such as the former Johns-Manville Corp. (today a vigorous multibillion-dollar corporation), UNR Industries, Eagle-Picher Industries, and others--emerged in subsequently healthy form.

- Richard Middleton, President

Association of Trial Lawyers of America

National Journal
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