The spectacularly ordinary and vicious cruelty of the Supreme Court’s Gang of Six

A gang of six, with a stroke of a pen, condemned women in the United States to a world of second class, if that, `citizenship’; increased maternal mortality; peril and precarity. When patriarchy rules supreme, cruelty is the point, in this case masquerading as Constitutional concern, even when the Constitution is grossly misread. It’s a femicidal program, and pogrom, as old as patriarchy and capitalism, as Silvia Federici  noted twenty years ago, when she argued that the great witch hunts of Europe and then of the colonies, including the United States, focused on women’s reproductive knowledges and capacities in a campaign of degradation of women: “In the `transition from feudalism to capitalism’ women suffered a unique process of social degradation that was fundamental to the accumulation of capital and has remained so ever since.”

The United States has the highest maternal mortality of any so-called developed country. In 2018, the maternal mortality rate was 17.4 per 100,00 live births; in 2019, 20.1, in 2020, it was 23.8. At the time, 17.4 was considered astronomical, compared to national comperes. It was. 23.8 is criminal. For non-Hispanic Black people, the maternal mortality rates for those three years are 37.3, 44.0, 55.3, respectively. The recent decision will only intensify this situation, raising maternal mortality rates, already critical and criminal, precipitously. According to one study, a nationwide ban would raise maternal mortality rates by 21%. It would raise maternal mortality rates among non-Hispanic Black people by 33%. This decision merges Witch Hunt with Jane Crow, with altogether predictable consequences of increased mortality, intensified control, devastation, immiseration. Women, and especially women of color, will become refugees in their own lands and their own bodies. As Federici noted, again, the degradation of women is always forced through programs of privatization, in which women are separated from land, home, community, body, self.

The Economic Consequences of Being Denied an Abortion”, published in 2020, brings the impact of denied access to abortion home … literally. Debts increase by 78%, bankruptcy and eviction increase by 81%: “Women who were denied an abortion experience a large increase in financial distress that is sustained for several years … We find evidence that being denied an abortion has large and persistent negative effects on a woman’s financial well-being. Women denied an abortion experience a significant increase in financial distress during the year that they give birth. Unpaid debts that are 30 or more days past due more than double in size, and the number of public records, which include negative events such as evictions and bankruptcies, increases substantially. This financial impact extends…up to four years after the birth year …. The impact of being denied an abortion on collections is as large as the effect of being evicted and the impact on unpaid bills is several times larger than the effect of losing health insurance …. Denying a woman an abortion reduces her credit score by more than the impact of a health shock resulting in a hospitalization or being exposed to high levels of flooding following Hurricane Harvey.”

The impact on women, children, communities, generally, and even more on Black and Brown women, children, communities is known. There’s no mystery here, and no misprision of either the Constitution or of a sense of humanity can be allowed to cloud the issue. Along with the immediate violence visited upon women’s bodies, lives, dreams, the long-term impact built into a ban on abortions is eviction and homelessness; severe reduction of access to education, health care, social services; increasing inequality; more deaths, more debts.

Yet again we encounter the ordinary, everyday cruelty of necropower: “In our contemporary world, weapons are deployed in the interest of maximum destruction of persons and the creation of death-worlds, new and unique forms of social existence in which vast populations are subjected to conditions of life conferring upon them the status of living dead.” Cruelty is the point.

(By Dan Moshenberg)

(Image Credit: Caliban and the Witch)

Today’s witch-hunt: Caroline Mwatha and Evelyn Beatríz Hernández Cruz

“The witch-hunt, then, was a war against women; it was a concerted attempt to degrade them, dehumanize them, and destroy their social power. At the same time, it was in the torture chambers and on the stakes on which the witches perished that the bourgeois ideals of womanhood and domesticity were forged. In this case, too, the witch-hunt amplified contemporary social trends. There is, in fact, an unmistakable continuity between the practices targeted by the witch-hunt and those banned by the new legislation that in the same years was introduced to regulate family life, gender and property relations.”            
Silvia Federici, Caliban and the Witch: Women, the Body and Primitive Accumulation

The news this week reminds us that the witch hunt is thriving and in process. In Kenya, human rights defender Caroline Mwatha disappeared and then was found, dead. Police quickly determined that the cause of Caroline Mwatha’s death was a “botched” abortion. While questions abound concerning that report, not in question is the severity of Kenya’s restrictions on abortions and on women’s access to reproductive health care and justice. In El Salvador, yesterday, Evelyn Beatríz Hernández Cruz walked out of the hellhole of Ilopango Women’s Prison, where she had been held for almost three years for “aggravated homicide”, which judgment was based on Evelyn Beatríz Hernández Cruz not having sought prenatal care while she was pregnant. We live in the world that spins between Caroline Mwatha and Evelyn Beatríz Hernández Cruz.

On February 6, Caroline Mwatha was reported missing. Caroline Mwatha lived and worked in the Dandora neighborhood of Nairobi, where she had founded the Dandora Community Justice Centre. Caroline Mwatha was well known for her investigations into extrajudicial killings, specifically, and police abuses more generally. She was a fierce and dedicated human and women’s rights defender and warrior. At the same time, she was a pregnant woman living in Kenya. According to certain reports, Caroline Mwatha chose to terminate an unwanted pregnancy. According to all reports, Kenya is an especially dangerous place in which to make that choice. That danger is caused by especially harsh restrictions as well as by government political policies. In November 2018, Marie Stopes Kenya, the single largest provider of safe abortions in the country, was forced to close its abortion operations. Meanwhile, also last year, the government reported that every year in Kenya about 2,600 women die from unsafe abortions. That’s seven women every dayWhat killed Caroline Mwatha? Evelyn Opondo, Africa director at the Center for Reproductive Rights, put it simply: “Caroline did not have to die. Her death was preventable. She is just one of so many women who are killed needlessly due to unsafe abortion in clinics run by ‘quacks’.” Caroline Mwatha did not have to die, but she was executed by state policy.

In July 2017, Evelyn Beatríz Hernández Cruz was found guilty of aggravated homicide. Evelyn Beatríz Hernández Cruz was a high school student at the time, who was repeatedly raped by a gang member. She became pregnant. She didn’t know she was pregnant. She knew that she had stomach pains, but, because she also was bleeding, she thought she wasn’t pregnant. Then In April 2016, she gave birth in the bathroom of her family’s home. She passed out. When she regained consciousness, she was arrested. At the trial, medical experts couldn’t ascertain whether the fetus died in utero or after the birth. The prosecution maintained that Evelyn Beatríz Hernández Cruz had not sought prenatal care because she didn’t want the child. The judge agreed, and sentenced Evelyn Beatríz Hernández Cruz to thirty years in prison. After a little less than three years in the hellhole of Ilopango Women’s Prison, Evelyn Beatríz Hernández Cruz was granted a new trial. Evelyn Beatríz Hernández Cruz can stay out of prison until a new trial, April 4. Mariana Moisa, of Agrupacion Ciudadana por la Despenalización del Aborto, or Citizen’s Group for the Decriminalization of Abortion, noted, “In 2019 we shouldn’t be fighting for the presumption of innocence when a woman loses a pregnancy. We shouldn’t have to be proving that motherhood is not related to crime. We should have full human rights as Salvadoran women.”

Kenyan activists mourn the death of Caroline Mwatha. Salvadoran activists celebrate the release of Evelyn Beatríz Hernández Cruz. These are pages in the history of the witch-hunt. While both Kenya and El Salvador explain their anti-abortion policies as a consequence of their being “religious”, the tie that binds the two is the marriage of patriarchy and capitalism at whose altar the power and knowledge of autonomous, self-aware women is demonized and criminalized. Caroline Mwatha wanted help, and instead she was given a death sentence. Evelyn Beatríz Hernández Cruz needed help, and instead she was given a 30-year-sentence, which is akin to a death sentence. That’s the modern witch-hunt, and it must end now. It’s time, it’s way past time, to demand justice for Caroline Mwatha, Evelyn Beatríz Hernández Cruz, and all the women subjected to the witch-hunt. Shut it down … now!

Evelyn Beatríz Hernández Cruz 

 

(Image Credit: Hivisasa) (Photo Credit: BBC / AFP)

Nan-Hui Jo, guilty of dignity and survival

 

#StandWithNanHui

Nan-Hui Jo is a single mother, Korean immigrant to the United States, survivor of domestic violence, and prisoner. She stands, and struggles, at the intersection of State violence against immigrant women, women of color, and domestic violence survivors. While her story of being subjected to at least three forms of State violence is in many ways tragic, Nan-Hui Jo does not embody a failure of the State. The State wants Nan-Hui Jo suffering in prison and that’s what’s happening.

Nan-Hui Jo’s story is complicated, because of the innumerable details and turns, and yet simple, because of its familiarity. As a survivor of domestic violence, her story joins with those of Marissa Alexander, Tondalo Hall, and so many other women of color survivors who have been sent to prison for the crime of survival. As an immigrant woman, she joins Kenia Galeano and the mothers in Karnes Immigration Detention Center, in Texas, who are struggling to end State violence against immigrant women. In both categories, the women’s crime is having asserted their dignity.

Very briefly, Nan-Hui Jo came to the United States as a student, met a guy, fell in love, returned to Korea to get a fiancé visa, returned, married. Her husband abused her, and so Nan-Hui Jo filed for separation, moved across the country to California, returned to school, met a guy. Soon after, Nan-Hui Jo became pregnant, the guy pushed for an abortion, she resisted, they broke up, they re-united, they broke up again. Two months later, Nan-Hui Jo gave birth to Vitz Da, a beautiful baby girl. The father re-entered the picture a few months after Vitz Da’s birth, seemed to love the child, and the two adults re-united. The father exhibited unpredictably violent behavior, striking at Nan-Hui Jo at least once and threatening constantly. In July 2009, the two separated.

Here’s where it gets `complicated.’ Because Nan-Hui Jo had separated from her husband, she lost his sponsorship, and so ICE denied her application for a green card. Because no one told Nan-Hui Jo that she had rights as an immigrant survivor of domestic violence, she agreed to return to South Korea, which she did with her daughter. Five years later, in July 2014, Nan-Hui Jo and Vitz Da returned to the United States. Jo was arrested for child abduction. Her daughter was taken away. Despite his violent history, the father was given full custody of the child. Mother and daughter have not seen each other since.

Nan-Hui Jo’s trial ended in a hung jury. She stayed in jail, awaiting a second trial, where she was found guilty. In April, Nan-Hui Jo was sentenced to 175 days time served and three years probation. Immediately, Nan-Hui Jo was turned over to immigration authorities, who decided to place her in prison. She could have remained in the community until her hearing. Instead, she sits in jail.

Many organizations, such as the Korean American Coalition to End Domestic Abuse, have campaigned for not only Nan-Hui Jo’s release but for her exoneration and freedom. 170 Asian American organizations sent an open letter to the Secretary of Homeland Security. They note, “Ms. Jo’s case highlights the vulnerable and marginalized situations that undocumented people and survivors of domestic violence face … As a coalition of organizations dedicated to protecting and advancing immigrants’ rights and providing support to survivors of domestic violence, we especially are concerned about Ms. Jo’s case, given her status as an immigrant, domestic violence survivor, and mother. We ask that the Department of Homeland Security drop the immigration hold request against Ms. Jo and release her from detention.”

Silence.

Who benefits from separating this woman from her daughter? Who benefits from her sitting in jail? In a related context, Silvia Federici provides a clue, “The struggle of immigrant domestic workers fighting for the institutional recognition of `carework’ is strategically very important, for the devaluation of reproductive work has been one of the pillars of capital accumulation and the capitalistic exploitation of women’s labor.”

When Nan-Hui Jo arrived in the United States, survival became her carework, and the State has extracted value from that since day one. The State passes laws that `protect’ women, and then the same State refuses to implement those laws when women need them to survive and to live. That is no failure; that is the program. This is the lesson those organizing the Stand With Nan-Hui Campaign are learning and teaching others. State violence against domestic violence survivors is wrapped in State violence against immigrant women is wrapped again in State violence against women. And the result? Women – survivors, immigrants, women of color, prisoners – have to work ten times as hard to survive and assert their dignity.

For the rest of her life, Nan-Hui Jo will have to struggle and labor furiously to have any contact with her daughter. This is the price women, and their daughters, pay for the crime of asserting the dignity of women.

 

(Image Credit: Korean American Coalition to End Domestic Abuse)