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Chapter 19

I n January 1975, I went back to my teaching, the only full year I did it uninterrupted by politics. In the spring term, I taught Antitrust and held a seminar in White-Collar Crime; in summer school, Admiralty and Federal Jurisdiction; in the fall, White-Collar Crime again and Constitutional Law. In Constitutional Law, I spent two full weeks on Roe v. Wade, the Supreme Court decision that gave women a constitutional privacy right to an abortion in the first two trimesters of pregnancy, the approximate amount of time it takes a fetus to become viablethat is, able to live outside the mothers womb. After viability, the Court ruled, the state could protect a childs interest in being born against the mothers decision not to have it, unless her life or health would be threatened by continued pregnancy or childbirth. Some of my students who saw Constitutional Law as just another course in which they had to memorize the rule of law in each case couldnt understand why I spent so much time on Roe. It was easy to remember the three-trimester rule and the reasoning behind it.

I made them delve deeper, because I thought then, and still believe, that Roe v. Wade is the most difficult of all judicial decisions. Whatever they decided, the Court had to play God. Everyone knows life begins biologically at conception. No one knows when biology turns into humanity or, for the religious, when the soul enters the body. Most abortions that dont involve the life or health of the mother are chosen by scared young women and girls who dont know what else to do. Most people who are pro-choice understand that abortions terminate potential life and believe that they should be legal, safe, and rare and that we should support young mothers who decide to complete their pregnancies, as most of them do. Most ardent pro-lifers are all for prosecuting doctors but grow less certain when their argument that an abortion is a crime is carried to its logical conclusion: prosecuting the mother for murder. Even the fanatics who bomb abortion clinics dont target the women who keep them in business. Also, as weve learned first with Prohibition and later with our drug laws, which have more support than a total ban on abortion does, its hard to apply the criminal law to acts that a substantial portion of the citizenry doesnt believe should be labeled crimes.

I thought then and still believe that the Court reached the right conclusion, though, as so often happens in American politics, its action sparked a powerful reaction, the growth of an active, effective national anti-abortion movement, which over time drastically reduced the practical availability of abortions in many places and drove large numbers of voters into the new right wing of the Republican Party. Regardless of what opinion polls show about voters positions on abortion, our national ambivalence about it means that its impact on elections depends on which side feels more threatened. For most of the last thirty years, for example, during which a womans right to choose has been secure, pro-choice voters have felt free to vote for or against candidates on other issues, while for anti-abortion voters, the other issues often didnt matter. Nineteen ninety-two was an exception. The highly publicized court of appeals decision in the Webster case, narrowing the right to choose, combined with the prospect of Supreme Court vacancies in the near future, threatened and galvanized the pro-choice voters, so I and other pro-choice candidates werent hurt by our position that year. After I was elected, with the right to choose secure again, pro-choice suburbanites again felt free to vote for anti-abortion Republicans for other reasons, while pro-life Democrats and independents, who approved of my record on economic and other social issues, nevertheless often felt compelled to support pro-life candidates who were almost always conservative Republicans.

In 1975, I didnt know or care much about the politics of abortion. I was interested in the Supreme Courts herculean effort to reconcile conflicting convictions about law, morality, and life. In my opinion they did about the best they could do, lacking access to the mind of God. Whether my students agreed with me or not, I wanted them to think hard about it.

In the fall, I got a new teaching assignment: I was asked to come down to the universitys Little Rock campus once a week to teach a night seminar in Law and Society to students who worked during the day in law enforcement. I was eager to do it and enjoyed my interaction with people who seemed genuinely interested in how their work in police departments and sheriffs offices fit into the fabric of both the Constitution and citizens daily lives.

Besides teaching, I kept my hand in politics and did some interesting legal work. I was appointed to head a state Democratic Party committee on affirmative action. It was designed to assure increased participation by women and minorities in party affairs without falling into the trap of the McGovern rules, which gave us delegates to the national convention who were representative of every demographic group but often hadnt ever really worked for the party and couldnt get any votes. The assignment gave me a chance to travel the state meeting Democrats, both black and white, who cared about the issue.

The other thing that kept me politically active was the necessity to pay off my campaign debt. I finally did it in much the way we financed the campaign, with lots of small-dollar events and with the help of some generous larger givers. I got my first $250 from Jack Yates, a fine lawyer in Ozark who, along with his partner, Lonnie Turner, had worked hard for me in the election. Jack gave me the check within two weeks after the election. At the time, I wasnt sure where my next dollar was coming from and I never forgot it. Sadly, a couple of months after he helped me, Jack Yates died of a heart attack. After the funeral, Lonnie Turner asked me if I would take over Jacks black-lung cases. The Nixon administration had promulgated new rules making it harder to get benefits and requiring the cases of people already receiving them to be reviewed. In many cases, the benefits were being revoked. I began to drive down to the Ozarks once or twice a week to review the files and interview the old miners, with the understanding that any pay I got would come from fees from the cases I won.

Lonnie knew I cared a lot about the issue and was familiar with how the program worked. Its true that when the black-lung program was first implemented the evaluations were too lax and some people did get benefits who didnt need them, but as so often happens with government programs, the attempt to correct the problem went too far in the other direction.

Even before I took over Jack Yatess cases, I had agreed to try to help another man in his fight for black-lung benefits. Jack Burns Sr., from a small town south of Fort Smith, was the father of the administrator of Ouachita Hospital in Hot Springs, where Mother worked. He was about five feet four inches tall and couldnt have weighed much more than one hundred pounds. Jack was an old-fashioned man of quiet dignity, who was severely damaged by black lung. He was entitled to the benefits, and he and his wife badly needed them to help pay their bills. In the months we worked together, I came to respect both his patience and his determination. When we won his case, I was almost as happy as he was.

I think there were more than one hundred cases like Jack Burnss in the stack of files Lonnie Turner gave me. I enjoyed going down to Ozark from Fayetteville over the winding road known as the Pig Trail to work on them. The cases were heard first by an administrative law judge, Jerry Thomasson, who was a fair-minded Republican. They could then be appealed to the federal judge in Fort Smith, Paul X. Williams, who was a sympathetic Democrat. So was his longtime clerk, Elsijane Trimble Roy, who was a great help to me. I was elated when President Carter appointed her Arkansas first female federal judge.

While I continued my teaching, politics, and law work, Hillary was settling into life in Fayetteville. I could tell she really liked being there, maybe even enough to stay. She taught Criminal Law and Trial Advocacy, and oversaw both the legal-aid clinic and the students who did work for prison inmates. Some of the crusty old lawyers and judges and a few of the students didnt know what to make of her at first, but eventually she won them over. Because there is a constitutional right to a lawyer in a criminal case, our judges assigned local lawyers to represent poor defendants, and since poor criminal defendants almost never paid, the bar wanted Hillarys clinic to handle their cases. In its first year, it served more than three hundred clients and became an established institution at the law school. In the process, Hillary earned the respect of our legal community, helped a lot of folks who needed it, and established the record that, a few years later, led President Carter to appoint her to the board of directors of the national Legal Services Corporation.

Jimmy Carter was our featured speaker on Law Day, near the end of the spring term. It was clear that he was running for President. Hillary and I spoke with him briefly, and he invited us to continue the conversation down in Little Rock, where he had another engagement. Our talk confirmed my sense that he had a good chance to be elected. After Watergate and all the countrys economic problems, a successful southern governor who wasnt involved in Washingtons politics and could appeal to people the Democrats had lost in 1968 and 1972 seemed like a breath of fresh air. Six months earlier, I had gone to Dale Bumpers and urged him to run, saying, In 1976, someone like you is going to be elected. It might as well be you. He seemed interested but said it was out of the question; he had just been elected to the Senate, and Arkansas voters wouldnt support him if he immediately started running for President. He was probably right, but he would have been a terrific candidate and a very good President.

Besides our work and normal social life with friends, Hillary and I had a few adventures in and around Fayetteville. One night we drove south down Highway 71 to Alma to hear Dolly Parton sing. I was a big Dolly Parton fan, and she was, you might say, in particularly good form that night. But the most enduring impact of the evening was that it was my first exposure to the people who brought her to Alma, Tony and Susan Alamo. At the time, the Alamos sold fancy performance outfits in Nashville to many of the biggest country music stars. Thats not all they did. Tony, who looked like Roy Orbison on speed, had been a promoter of rock-and-roll concerts back in California, when he met Susan, who had grown up near Alma but had moved out west and become a television evangelist. They teamed up, and he promoted her as he had his rock and rollers. Susan had white-blond hair and often wore floor-length white dresses to preach on TV. She was pretty good at it, and he was great at marketing her. They built a small empire, including a large farming operation manned by devoted young followers as transfixed by them as the young acolytes of the Reverend Sun Myung Moon were by their leader. When Susan got cancer, she wanted to come home to Arkansas. They bought a big house in Dyer, her hometown, opened the place in Alma, where Dolly Parton sang, as well as a smaller version of their Nashville country outfit store just across the road, and had a big truckload of food from their California farm delivered each week to feed them and their Arkansas contingent of young laborers. Susan got on TV at home, and enjoyed some success until she finally succumbed to her illness. When she died, Tony announced that God had told him he was going to raise her from the dead someday, and he put her body in a glass box in their home to await the blessed day. He tried to keep their empire going with the promise of Susans return, but a promoter is lost without his product. Things went downhill. When I was governor, he got into a big fight with the government over taxes and staged a brief, nonviolent standoff of sorts around his house. A couple of years later, he got involved with a younger woman. Lo and behold, God spoke to him again and told him Susan wasnt coming back after all, so he took her out of the glass box and buried her.

In the summer, I taught both semesters of summer school to earn some extra money and had a good time hanging around Fayetteville with Hillary and our friends. One day, I drove her to the airport for a trip back east. As we were driving down California Drive, we passed a beautiful little jagged brick house set back on a rise with a stone wall bracing up the front yard. There was a FOR SALE sign in the yard. She remarked on how pretty the place was. After I dropped her off, I checked the house out. It was a one-story structure of about eleven hundred square feet, with a bedroom, a bathroom, a kitchen with breakfast room attached, a small dining room, and a gorgeous living room that had a beamed ceiling half again as high as the others in the house, a good-looking offset fireplace, and a big bay window. There was also a large screened-in porch that could double as a guest bedroom most of the year. The house had no air conditioning, but the big attic fan did a good job. The price was $20,500. I bought the house with a $3,000 down payment, big enough to get the monthly mortgage payments down to $174.

I moved what little furniture I had into my new house and bought enough other things so that the place wasnt totally bare. When Hillary came back from her trip, I said, Remember that little house you liked so much? I bought it. You have to marry me now, because I cant live there alone. I took her to see the house. It still needed a lot of work, but my rash move did the trick. Although she had never even told me she was prepared to stay in Arkansas, she finally said yes.

On October 11, 1975, we were married in the big living room of the little house at 930 California Drive, which had been replastered under the watchful eye of Marynm Bassett, a fine decorator who knew our budget was limited. For example, she helped us pick out bright yellow wallpaper for the breakfast room, but we put it on ourselves, an experience that reaffirmed my limitations as a manual laborer. Hillary wore an old-fashioned Victorian lace dress that I loved, and the Reverend Vic Nixon married us in the presence of Hillarys parents and brothers, Mother, Roger (who served as best man), and a few close friends: Hillarys closest friend from Park Ridge, Betsy Johnson Ebeling, and her husband, Tom; her Wellesley classmate Johanna Branson; my young cousin Marie Clinton; my campaign treasurer, F. H. Martin, and his wife, Myrna; our best friends on the law faculty, Dick Atkinson and Elizabeth Osenbaugh; and my childhood friend and tireless campaign worker Patty Howe. Hugh Rodham never thought hed be giving his midwestern Methodist daughter to a Southern Baptist in the Arkansas Ozarks, but he did it. By then I had been working on him and the rest of the Rodhams for four years. I hoped I had won them over. They certainly had captured me.

After the ceremony, a couple hundred of our friends gathered at Morriss and Ann Henrys house for a reception, and that evening we danced the night away at Billie Schneiders place in the Downtown Motor Inn. At about 4 a.m., after Hillary and I had gone to bed, I got a call from my younger brother-in-law, Tony, who was at the Washington County jail. While he was driving one of the guests home after the party, he was pulled over by a state trooper, not because he was speeding or weaving on the road, but because his tipsy rider was dangling her feet out of the cars back window. After he stopped Tony, the deputy could see he had been drinking, so he hauled him in. When I got down to the jail to bail him out, Tony was shivering. The jailer told me that our sheriff, Herb Marshall, a Republican whom I liked, kept the jail real cold at night to keep the drunks from throwing up. As we were leaving, Tony asked me if I would get another man released who was in town making a movie with Peter Fonda. I did. He was shaking worse than Tony, so badly that when he got in his car to drive away, he rammed right into Hillarys little yellow Fiat. Even though I bailed him out, the guy never paid me for the costs of the car repair. On the other hand, at least he didnt leave his dinner on the floor of the county jail. So ended my first night as a married man.

For the longest time Id never thought Id get married. Now that I was, it felt right, but I wasnt sure where it would lead us.

Probably more has been written or said about our marriage than about any other in America. Ive always been amazed at the people who felt free to analyze, criticize, and pontificate about it. After being married for nearly thirty years and observing my friends experiences with separations, reconciliations, and divorces, Ive learned that marriage, with all its magic and misery, its contentments and disappointments, remains a mystery, not easy for those in it to understand and largely inaccessible to outsiders. On October 11, 1975, I didnt know any of that. All I knew then was that I loved Hillary, the life, work, and friends we now had in common, and the promise of what we could do together. I was proud of her, too, and thrilled to be in a relationship that might not ever be perfect, but would certainly never be boring.

After our sleepless wedding night, we went back to work. We were in the middle of a school term, and I had black-lung hearings to attend. Two months later, we finally had a honeymoon in Acapulco, an unusual one, with Hillarys whole family and the girlfriend of one of her brothers along. We all spent a week together in a beautiful penthouse suite, walking on the beach, enjoying the restaurants. I know it was different, but we had a great time. I adored Hillarys mother, Dorothy, and enjoyed spending time with her father and brothers, playing pinochle and swapping stories. Like me, they were storytellers, and all of them could spin a good yarn.

I read one book in Acapulco, Ernest Beckers The Denial of Deathheavy reading for a honeymoon, but I was only a year older than my father was when he died, and I had just taken a big step. It seemed like a good time to keep exploring the meaning of life.

According to Becker, as we grow up, at some point we become aware of death, then the fact that people we know and love die, then the fact that someday we, too, will die. Most of us do what we can to avoid it. Meanwhile, in ways we understand only dimly if at all, we embrace identities and the illusion of self-sufficiency. We pursue activities, both positive and negative, that we hope will lift us beyond the chains of ordinary existence and perhaps endure after we are gone. All this we do in a desperate push against the certainty that death is our ultimate destiny. Some of us seek power and wealth, others romantic love, sex, or some other indulgence. Some want to be great, others to do good and be good. Whether we succeed or fail, we are still going to die. The only solace, of course, is to believe that since we were created, there must be a Creator, one to whom we matter and will in some way return.

Where does Beckers analysis leave us? He concludes: Who knows what form the forward momentum of life will take in the time ahead. . . . The most that any one of us can seem to do is to fashion somethingan object or ourselvesand drop it into the confusion, make an offering of it, so to speak, to the life force. Ernest Becker died shortly before The Denial of Death was published, but he seemed to have met Immanuel Kants test of life: How to occupy properly that place in creation that is assigned to man, and how to learn from it what one must be in order to be a man. Ive spent a lifetime trying to do that. Beckers book helped convince me it was an effort worth making.

In December, I had another political decision to make. Many of my supporters wanted me to run for Congress again. The debt was paid off, and they wanted a rematch. I thought Congressman Hammerschmidt would be harder to beat this time, even if Jimmy Carter............

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