Date: Mon, 2 Feb 1998 20:31:02 -0500 (EST)
From: Justin Schwartz <jschwart-AT-freenet.columbus.oh.us>
Subject: Re: SV: SV: M-TH: A new turn on the abortion question?


On Mon, 2 Feb 1998 ThryWoman-AT-aol.com wrote:

> <<And it was you Heather that said you wanted to
> 
> take the cause of women to the local capitalist courts.>>
> 
> SHOW ME THE FREAKIN' SENTENCE in which I state that I support the courts!

Now, I am a law student (and a Marxist, double yuck) and I will be working
in the courts for federal judges for next couple years (quaduple yuck),
but having put my biases on the table, let me ask a question. Do you think
that the next time some pinheaded state legislature passes a law
restricting abortion rights that feminist lawyers should nor challenge it
in court, arguing from Roe and Casey? Do you think that if some trial
court gives us a restrictive interpretation of some law increasing access
to abortion taht femist lawyers should not appeal it? 

I don't know what "supporting the courts" means, but I certainly think we
should use them, as we should any other tool at our disposal. 

> I am arguing against State power...period.  You seem to forget that anarchists
> & marxists have the same GOAL (equality, equal distribution of resources &
> access, without the State) ...but merely different means.  What anarchists
> argue is that the State doesn't "wither" away...that the State is a beast in
> its own right and keeps itself alive...through new sources of exploitation,
> cooptation (of intellectuals & slogans), etc.  So quit attacking me on some
> stupid basis that I love the courts, the State & shit!  Jeeze.

The role of courts and the state, etc. in general political power, is a
different issue after a revolution than before. But I am curious. Just how
do you think we will resolve disputes and make and implement common actions
without some specialized bodies (e.g., courts, bureaucracies,
legislatures, agencies) to perform these functions? Do you think there
won't be any differences, or just taht we'll all have a meeying and all
agree on what to do and how to do it without any functional articulation?

> <<Good for you. That is a step in the right direction. You could have added
> 
> that the court represents the intersts of the ruling class of America and
> 
> all the rest..>>

The court that wrote Brown v. Board of Education?  Or maybe you think that
Thurgood Marshall and the NAACP were just capitalist stooges and we should
have let segregagtion stand, since all bourgeois institutions are the same?

> Forever & Always, 
> Heather Schwartz.
> 

--Justin Schwartz (no relation, so far as I know)




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