If Abortion Is Illegal, Will Every Miscarriage Be a Potential Crime?

On a humid morning in early October, Brittney Poolaw sat in an Oklahoma courtroom waiting on a verdict. Instead of the jail uniform she’d donned over the past 18 months, she wore a yellow and white blouse. After less than three hours of deliberation, the jury returned with their decision: Poolaw was guilty of first-degree manslaughter. She was sentenced to four years behind bars.

But Poolaw, a 20-year-old and a member of the Wichita Tribe, had not driven recklessly or shot a gun. She’d had a miscarriage.

Poolaw will not be the last woman sent to prison for accidentally losing a pregnancy. Indeed, if the leaked Supreme Court decision overturning Roe vs. Wade is in fact its final opinion on the matter, cases like Poolaw’s will likely become more common.

That’s because, as Dana Sussman, deputy executive director of the National Advocates for Pregnant Women, says: “Not only did Roe vs. Wade establish that there’s a constitutional right to abortion, it also rejected the idea that fetuses are people under the Constitution.” The draft opinion, written by Justice Samuel Alito, is steeped in language that paints fetuses—no matter what stage of development—as people. And when we lend credence to the idea of fetal personhood, it creates “a situation in which, when there is perceived harm to a fetus, it can be a victim of a crime. You can’t add fetuses to the community of individuals who are entitled to constitutional rights without diminishing the rights of the person carrying that fetus,” Sussman says.

The connection between fetal personhood and prosecutions of pregnant people is well-established. While Oklahoma’s manslaughter and murder laws have a provision preventing pregnant people from being prosecuted “for causing the death of the unborn child,” there’s an exception for cases where “the mother has committed a crime that caused the death.” NAPW has identified more than 70 pregnancy-related prosecutions in Oklahoma since 2007, when it started counting cases in the state. Most have been related to illegal drug use, including the first conviction under the law: a 31-year-old woman charged with murder in 2007 after using meth and having a stillbirth.

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On Liberated Women Looking for Love

The first paperback edition of Advancing Paul Newman, signed and dedicated by the author to Pauline Kael. Courtesy of Ken Lopez Books and Fine Manuscripts.

I became aware of Advancing Paul Newman, Eleanor Bergstein’s 1973 debut novel, through Anatole Broyard’s dismissive review, which I came across in some undirected archival wandering. His grating condescension spurred me to read the novel—one of the best minor rebellions I’ve ever undertaken. (Bergstein is best known for writing the movie Dirty Dancing.) “This is the story of two girls, each of whom suspected the other of a more passionate connection with life,” she writes of the protagonists, best friends Kitsy and Ila. The romance of their friendship holds together everything else: trips to Europe to collect experiences (which, of course, often disappoint), becoming or failing to become writers, love affairs and marriages and divorces, their idealistic campaigning for the anti-war presidential candidate Eugene McCarthy in 1968. But Advancing Paul Newman is not simply a story of friendship, albeit one between two complicated women. The book is also gorgeously deranged and witty, told in fragments and leaps. “Don’t find me poignant, you ass,” Kitsy snaps at her ex when he happens upon her eating alone in a restaurant. After bad sex in Italy, she says matter-of-factly, “This was a good experience because now I know what it feels like to have my flesh crawl.” Ila is “glorious when in love, undistinguished when not in love,” and sleeps with two men on the day of Kitsy’s wedding. “There were reasons.” When she has a story accepted by The New Yorker, the proofs are returned with only one sentence intact: “Madam, the gentleman across the aisle is staring at my upper thighs.” The novel’s title comes from one of Kitsy and Ila’s duties in the McCarthy campaign: to arrive in advance at Paul Newman’s public appearances on behalf of McCarthy. They act as political fluffers, exciting the crowd and leaving for the next event just as Newman’s car pulls up. (Spoiler: they never meet him.) “Why in the world are you doing that, Miss Bergstein?” Broyard asked, frustrated, in his review. I think I know: the search for a passionate connection with life is chaotic; the lives of young women encompass more than a man thinks they should.  

—Elisa Gonzalez
Read Elisa Gonzalezs entry in our annotated diary series on the Daily here

The Swedish novelist Lena Andersson is a genius at conveying characters whose minds have been so thoroughly consumed by idiosyncratic, self-serving logic that they just barely manage to keep up their attachments to other people. I read her newest novel, Son of Svea, late last year, and her 2013 novel, Willful Disregard, last week. The latter’s protagonist, Ester Nilsson, is a icon of limerence: after giving a lecture on a prominent artist, Hugo Rask, and sleeping with him during a week-long tryst, she allows their flickering relationship—which she insists is budding, full of anticipation—to become the predominant organizing principle of her life. Hugo is cold, flinty, and brusque, but to Ester, his unyielding communications are fodder for endless interpretation. I was reminded, while reading, of a quote from Adam Phillips that runs through my brain like an earworm: “Lovers, of course, are notoriously frantic epistemologists, second only to paranoiacs (and analysts) as readers of signs and wonders.”

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Watch the Staples Jr. Singers Perform Live at The Paris Review Offices

A.R.C. Brown, Annie Brown Caldwell, and Edward Brown. Photograph by Eliza Grace Martin.

On the evening of Friday, April 22, the staff of the Review tidied our desks, tucked away our notebooks and computers, ordered pizza, and welcomed the nine members of the band known as the Staples Jr. Singers to our Chelsea office for a very special performance. The band’s music was introduced to us by our friends at Luaka Bop, who are today rereleasing the Staples Jr. Singers’ 1975 record, When Do We Get Paid. The Staples Jr. Singers (who named themselves after Mavis Staples) formed in 1969, when the original band members—A.R.C. Brown, Annie Brown Caldwell, and Edward Brown—were still teenagers; they sold that first, glorious record on the front lawn of their home in Aberdeen, Mississippi. Almost fifty years later, to celebrate the rerelease, the original members drove the seventeen hours from Aberdeen to New York City, children and grandchildren in tow, for a weekend of gigs in New York City. We at the Review were thrilled to host the band’s first-ever concert in the city, and we are delighted to share a clip from that performance with you.

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Diary, 2010

In our Spring issue, we published selections from Annie Ernaux’s 1988 diaries, which chronicle the affair that served as the basis for her memoir Simple Passion. To mark the occasion, the Review has begun asking writers and artists for pages from their diaries, along with brief postscripts.

 

Dear Levin,

No one wants to hear about your parrot. Even your dreams are more interesting. Even the word you stammer in search of to get across the precise nature of the pain in your stomach.

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The Real Winner of the Ohio Republican Primary Is Peter Thiel

In 2011, Peter Thiel paid $27 million for a home in Maui. In 2022, the billionaire entrepreneur and investor is on track to get a US Senate seat for his friend and former employee, J.D. Vance, for roughly half that. It might be the best deal he’s gotten since acquiring a sizable chunk of Facebook for $500,000 in 2004.

Vance is now the favorite to become Ohio’s next senator after winning Tuesday’s competitive Republican primary. He’d been trailing in the polls but shot to the top after a late endorsement from Donald Trump. Thiel was with him every step of the way.

The PayPal co-founder announced that he was putting $10 million into a super-PAC backing Vance’s Ohio Senate bid before Vance even got into the race. He went on to give another $5 million to the super-PAC. The group functioned as a shadow campaign for Vance by conducting polling, funneling people to his events, and hiring staff that later joined Vance’s official campaign, the New York Times reported.

But money was not Thiel’s most important contribution to Vance’s campaign. He was instrumental in getting Trump to forgive Vance’s vocal Never Trumpism during the 2016 election. Last year, Thiel and Donald Trump Jr. joined Vance for a meeting with the former president at Mar-a-Lago, Politico reported. With Thiel’s help, Vance was able to convince Trump that he’d be one of the Senate’s strongest supporters of the MAGA agenda.

Like any good venture capitalist, Thiel has pull with Trump not because he spent big but because he invested early.

Like any good venture capitalist, Thiel has pull with Trump not because he spent big but because he invested early. During the 2016 campaign, he was Trump’s biggest backer in Silicon Valley and spoke in a key slot at the Republican National Convention. He went on to donate $1.25 million to support Trump while others were fleeing in the wake of the Access Hollywood tape.

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Chestnut Trees

Artwork by Hermann Hesse. Photograph by Martin Hesse Erben. Courtesy of Volker Michels.

Everywhere weve lived takes on a certain shape in our memory only some time after we leave it. Then it becomes a picture that will remain unchanged. As long as were there, with the whole place before our eyes, we see the accidental and the essential emphasized almost equally; only later are secondary matters snuffed out, our memory preserving only whats worth preserving. If that werent true, how could we look back over even a year of our life without vertigo and terror!

Many things make up the picture a place leaves behind for us—waters, rocks, roofs, squares—but for me, it is most of all trees. They are not only beautiful and lovable in their own right, representing the innocence of nature and a contrast to people, who express themselves in buildings and other structures—they are also revealing: we can learn much from them about the age and type of arable land there, the climate, the weather, and the minds of the people. I dont know how the village where I now live will present itself to my minds eye later, but I cannot imagine that it will be without poplars, any more than I can picture Lake Garda without olive trees or Tuscany without cypresses. Other places are unthinkable to me without their lindens, or their nut trees, and two or three are recognizable and remarkable by virtue of having no trees there at all.

Yet a city or landscape with no predominating woods of any kind never entirely becomes a picture in my mind; it always remains somewhat without character, to my feeling. There is one such city I know well—I lived there as a boy for two years—and despite all my memories of the place, my image of it is of somewhere foreign and alien; it has turned into a place as arbitrary and meaningless to me as a train station.

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Abortion’s Last Chance in the South

This article is a collaboration between Mother Jones and Reveal from The Center for Investigative Reporting, which is a nonprofit investigative newsroom. Sign up to get their investigations emailed to you directly.

For two decades, Kelly Flynn barely noticed the protesters who gathered almost daily along University Boulevard, the main public drag to the office park that houses her clinic, A Woman’s Choice of Jacksonville. The signs, the chants, the occasional blocked sidewalk—they all went with the territory of running an abortion clinic in Florida, one of the last states in the South where abortion remains widely accessible. Most mornings, Flynn would take a back route to avoid them. As soon as she turned left onto University Center Drive, the quiet road fronting the clinic’s two buildings, she almost forgot the protesters existed. The only people permitted to use the private road and parking lots were the medical staff who worked in the surrounding offices, their patients, and approved visitors. Anyone else was trespassing.

All that changed on the morning of Dec. 1, 2020. The Jacksonville Sheriff’s Office logged a call from the clinic shortly after 9 a.m.: Three protesters had infiltrated the clinic’s defenses, staking out a spot on the private road. They parked in the lot next door, anti-abortion banners hanging from their cars. According to a sheriff’s report, when officers arrived to remove them, “THEY PRETEND TO BE RENTERS.” An hour later, the officers appended a correction: “PEOPLE HAVE AUTORIZATION (sic) BY PROPERTY OWNER TO BE ON PROPERTY.” The police drove away; the protesters stayed.

That’s when Flynn discovered she had a new neighbor: Gertrude Perez-Poveda, a former accountant in her early 70s who is a leader of Family for LIFE, a local anti-abortion group. Trudy, as everyone calls her, was known for picketing the nearby Planned Parenthood. Now she’d moved into a drab one-story building a couple of hundred feet from Flynn’s clinic that had sat vacant while its owner, a doctor, faced prosecution for allegedly exposing himself to a patient. (He was convicted last year.) For $1,000 a month, Perez-Poveda suddenly had 24/7 access to a room, a bathroom, and—most importantly—the private road. 

Kelly Flynn stands outside her clinic, A Woman’s Choice of Jacksonville, Fla.

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Biden’s $33 Billion Aid Request for Ukraine Is Unlike Anything We’ve Ever Seen

In the little more than two months since Russia invaded Ukraine, the United States has committed $14 billion in money and weapons to the Ukrainians. That’s an extraordinary sum, more than three times the amount of US aid Ukraine has received since 2014, the year Russia annexed Crimea. 

But last week President Joe Biden blew past that figure. He asked lawmakers for $33 billion of aid, consisting of defensive weapons and economic assistance. If Congress approves Biden’s request, the US government will have sent Ukraine $47 billion in less than a year, more money than all but a handful of countries have ever received, in total, from the United States. 

“It is almost unprecedented to shovel that much aid to one country in such a short amount of time,” William Hartung, a senior research fellow at the Quincy Institute for Responsible Statecraft, told me. Only four countries have received more than $30 billion in lifetime aid from the United States, and two of them—Iraq and Afghanistan—were the site of lengthy US conflicts. 

Biden is requesting $33 billion in aid to Ukraine, which is more money than the US has sent all but four countries *in total* since 1946 https://t.co/ALx5dlIqyd

— Dan Spinelli (@danspinelli902) April 28, 2022

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Notes on Nevada: Trans Literature and the Early Internet

Imogen Binnie at Camp Trans in 2008. Photo courtesy of the author.

Almost ten years ago, I published a novel called Nevada with a small press called Topside that doesn’t exist anymore. You may or may not have heard of it, but if there are trans people in your life who are readers, they probably have. It became a subcultural Thing. It’s been out of print for a few years, but in June, Farrar, Straus and Giroux will bring it back into print.

People have called Nevada “ground zero for modern trans literature,” and while I get that—before it was published, I don’t think I’d read a novel with a trans character who I didn’t at least sort of hate—I don’t really feel like a genius visionary who invented literature centering marginalized experiences. At the very least, this idea occludes the work other people had done that made Nevada possible. So instead of celebrating myself, I want to use this opportunity to say thanks, and to think through some of the influences and experiences that shaped the novel.

FICTIONMANIA

At one point in Nevada, Maria mentions the “stupid 2002 internet.” At a Q&A following a reading on the 2013 book release tour, I was asked what that meant. I struggled to come up with a decent answer. We are so steeped in for-profit social media today that it’s hard to remember anything else. It wasn’t until the night after that reading, lying awake and beating myself up for not having a good answer, that I thought of a pretty good one. It is a website called Fictionmania. It’s still online. And if you’re hungry for that post-post-vaporwave retro “2002 internet” aesthetic, great news: it hasn’t updated its design since it came online in 1998.

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Other People’s Diaries

While reading Annie Ernaux’s Simple Passion, I often caught myself mistaking it for a diary. The memoir details an illicit affair in prose that feels startlingly immediate, full of particulars that seem to surface in real time: a skirt in a Benetton shop; a list of fortune-tellers in the telephone book; the faded lettering of a plaque that reads PASSAGE CARDINET, near where the author sought a clandestine abortion years before. Yet I was continually made aware that time had passed, and this was last year’s love seen through this year’s eyes: “From September last year,” Ernaux writes, near the beginning, “I did nothing else but wait for a man: for him to call me and come around to my place.” The details of this “most violent and unaccountable reality” have been refracted and altered, distilled into a remarkable book.

I recently read A Girl’s Story, Ernaux’s 2020 memoir of another doomed and passionate love—her first, in the summer of 1958—and was struck by her description of the process by which she reconstructed her former self, the diligence with which she studiedthis young “girl of ’58.” Ernaux googles her summer-camp bunkmates and considers pretending to be a journalist so she can call them up and ask about herself. She looks at a photograph of her long-lost lover’s great-grandchildren. While reading an old diary, and letters she sent to a classmate, she recognizes certain falsenesses in them—pretensions, lies, self-deceptions. The quotations from books she copied down in 1958 now strike her as a more direct means of access to her state of mind then. All memoir involves time travel, and yet Ernaux, as she twists and turns, trying to cross the schisms between her various selves, manages to create what feels like a new tense—a literary time zone that can hold it all at once.

In our Spring issue, the Review published some of the source material on which Ernaux based Simple Passion: selections from her real diaries from 1988, which describe her affair with a married diplomat from the Soviet Union. Here is that violent and unaccountable reality, recorded at a distance of mere hours. Many entries are short, factual, engaged with the torment of love and logistics: “Last night he called. I was sleeping. He wanted to come around. Not possible. (Éric here.) Restless night, what to do with this desire?” Others are breathless and breezy: “I realized that I’d lost a contact lens. I found it on his penis. (I thought of Zola, who lost his monocle between the breasts of women.)” To read them is to encounter something like a pentimento, the revelation of writing underneath other writing—a quality that already suffuses so much of her work. We can, of course, marvel at what Ernaux was able to make of these entries in Simple Passion. But they offer their own distinct and potent pleasures, the rare, delightful, occasionally shocking intimacies of reading someone else’s private thoughts.

To mark the appearance of Ernaux’s diaries, the Review has been asking writers and artists to share pages from their own. Yesterday on our website, we published the first in the series: part of the poet Elisa Gonzalez’s 2018 journal, which documents the aftermath of an affair and a marriage. Reading them now, she, too, had some distance from this former self. “I used to accept, unquestioningly, that pleasure was fleeting,” she writes in a postscript. “but now I think it has an afterlife, during which we integrate it into all the griefs we also feel.”

These diaries feel like gifts, or offerings, that are unlike any other kind of writing. There is, as Ernaux herself writes in a brief introduction, “a truth in those pages that differed from the one to be found in Simple Passion—something raw and dark, without salvation, a kind of oblation.”

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