September 9, 2018 12:10 am
John Thompson, retire teacher and historian in Oklahoma, cites the testimony of his fellow Oklahoman before the Senate Judiciary Committee:
To grasp the threat that Supreme Court nominee Brett Kavanaugh represents to our constitutional democracy, read Emily Bazelon’s “Red Dawn” in the New York Times Magazine. To understand Kavanaugh’s threat to public education and our kids, check out the testimony of Oklahoma City’s high school teacher Melissa Smith to the Senate Judiciary Committee.
Click to access Smith%20Testimony.pdf
Bazelon explains how Kavanaugh was “preapproved by the Federalist Society,” and “groomed” as an advocate for the rightwing’s social and economic policies. She explains how Federalist ideologues, who were dismayed that Chief Justice John Roberts hasn’t been conservative enough, have pushed for jurists like Kavanaugh, who could make it “increasingly difficult to believe the court is doing law, not politics.” The possible result is a court that is out of step with the public to the point where it could “strain the constitutional order – and the country – to the breaking point.”
In short, the Federalist Society would like to do to the United States of America what they and their allies, the Koch brothers, ALEC, and other corporate funders, have done to Oklahoma. That makes the testimony of Ms. Smith even more pertinent.
Smith teaches at Grant High School, where “almost 90 percent of our families are considered to be economically disadvantaged, 35 percent are English language learners, and 15 percent are disabled or have special needs.” Since senators can’t be in our schools every day, she shared some of our students’ experiences which they should consider before confirming a lifetime appointment to the U.S. Supreme Court.
Due to corporate-funded lobbying (further weaponized by Citizens United) and extreme political gerrymandering (defended by the Federalists), budget cuts have resulted in cuts of 50 percent in Grant’s fine arts program and the elimination of the library media budget. Grant serves 2/3rds more students than what it was designed for, and it has classes of 40 students or more; last week, students were still sweltering in 90 degree heat in Ms. Smith’s room.
Kavanaugh’s support for private school voucher programs, with little oversight and accountability, would siphon even more funding away from public education. Moreover, his support for anti-union rulings like Janus v. AFSCME could do to the rest of the nation what Right to Work has done to Oklahoma in the last 20 years.
Ms. Smith explained:
Judge Kavanaugh has a strong history of siding with big business over the needs, rights and safety of individual employees. His record shows that he sides with employers who do not adhere to their collective bargaining agreement, does not believe in union representation in employee meetings, and in one decision, would allow the employer to “abolish collective bargaining all together.”
Kavanaugh’s sponsors presented him as a caring father and coach, but what experience does he have caring for poor students? The suffering of Grant kids is ameliorated somewhat by dental vans in the school’s parking lot offering free services. But does he understand the reasons why Ms. Smith paid the senior dues of a student so that the kid’s family could pay their rent?
Ms. Smith has personally experienced some of the ways that Kavanaugh’s agenda has damaged children. She has had to respond to a Saturday night call to intervene with a suicidal student, and also carry another sobbing, suicidal student in the hallway to a counselor who, fortunately, was in the building that day, not traveling to other overextended schools.
Similarly, Kavanaugh might be more open to considering the welfare of kids beyond his experience if he understood what it was like for Ms. Smith to comfort a transgender student. The nominee might question the National Rifle Association’s agenda had he sat in her classroom on lockdown after a student brought a loaded .380 gun to school. Above all, Kavanaugh might reach different legal judgments if he could empathize with Grant’s Hispanic majority, including undocumented kids who must worry about ICE agents empowered by Trumpism.
Ms. Smith explained:
Just last week, the teacher in the classroom next to mine wrote a reference letter for a student and his family to take with them to their hearing to determine whether they could remain in this country. She stressed about it for days because she needed it to be perfect. Her student has never known anything but his life in Oklahoma, and he is terrified of being sent to a place that is not home, regardless of what anyone tells him.
Of course, the Federalist Society and corporate interests have had the right over the last few decades to secretly plan and implement their collective plan. But who would have believed they would have become so successful in undermining collective action by the rest of us?
And that is why we face the prospect of a Justice Kavanaugh, who “has sided with the powerful and their institutions, rather than with the voiceless and the vulnerable—be they immigrants, individuals with disabilities, or workers—who need protections from the courts.”
Kavanaugh has the right to remain oblivious to the realities that teachers and students face. But maybe at least two Republican senators will listen to Ms. Smith. As she says, “I teach my students about justice and equality, but I worry that we live in a country where these rules no longer apply.” Maybe they will listen to a teacher who concluded her testimony the same way she ends every Friday at school with her students: “Be the example, have a good weekend and make good choices.”
Posted by dianeravitch
Categories: Accountability, Character
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This is a beautifully written, sincere response about how democracy has been hobbled by the wealthy and right wing extremists and how schools are suffering as a result. Kavanaugh represents the interests of those extreme right wing views. Unfortunately, despite this, he will likely be confirmed due to the imbalance of power of power in our government. Our only recourse is to support Democrats in the midterms. This is a time for unity. It is time to vote blue.
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By retired teacher on September 9, 2018 at 8:50 am
Minor detail, but shouldn’t the other side of the Supreme Court facade be painted red?
If you look at the seating in the Senate, for example, the Republicans are on the right and Democrats on the left from the perspective of Senators, NOT from the perspective of someone facing them. Republicans are to the left of the presiding officer (facing them) and Democrats to the right.
Justices of the Supreme Court are actually not seated by political ideology (left or right) but are mixed among one another.
But if they were, logic would dictate that they would be arranged as the Senators are arranged, which would mean that from the perspective of someone viewing them from the front, the Conservative Justices would actually be on the left.
By that logic, the left side of the Supreme Court facade should be painted red and become more red if the Supreme Court becomes more Conservative/right wing.
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By SomeDAM Poet on September 9, 2018 at 9:03 am
Also,
If one refers to the “right wing” of a bird, it is on the bird’s right, not the right of someone facing it.
So it would seem to be with the right wing of a building, although that is less clear since buildings don’t have perspectives (although the people in them do)
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By SomeDAM Poet on September 9, 2018 at 9:18 am
The Right Left thing comes from the French Revolution as I understand the matter. Supporters of a monarchy assembled in the seats on the right of the fated Louis XVI, opponents grouped on the left of him. This actually had roots and symbolism running into Christian tradition, and makes us wonder at the use of the Latin words sinister meaning left, and Dexter, meaning right.
During the 1790s, those who pushed for monarchy became identified in journalism with the right wing, those who favored widening the scope of power, what we might call classical liberals, were identified with the left.
Naturally, words that are used journalistically become more fluid than words that are either used in math and science or not used very much. What we call left today is remarkably different from the term as used to describe some of the political protesters of a generation ago. What we call the right has become significantly distant from Eisenhower or perhaps even Goldwater.
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By Roy Turrentine on September 9, 2018 at 4:17 pm
Emily Bazelon’s “Red Dawn” in the New York Times Magazine is utter nonsense. Kavanaugh has already distinguished himself on the federal bench. People are losing their focus. He is probably the most moderate of all the people on Trump’s original list and many conservatives weren’t thrilled with the choice.
Elections have consequences. When the Democrats were in control they placed on the federal bench plenty of judges that Republicans loathe. That’s how our system works. One day soon enough the Dems will be back in control and will do the same thing.
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By A Furious Teacher on September 9, 2018 at 9:22 am
Not true.The oldest conservative Judge is Thomas, age 69. Reactionaries will Control the Court for many years.
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By dianeravitch on September 9, 2018 at 10:50 am
Which conservatives were not thrilled by Trump’s choice Of Kavanaugh?
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By dianeravitch on September 9, 2018 at 10:59 am
You say: “Kavanaugh has already distinguished himself on the federal bench.”
What do you find most impressive?
Why were thousands of documents about his service withheld from review by Democrats?
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By Laura H. Chapman on September 9, 2018 at 11:29 am
In an unprecedented move, the GOP blocked Obama’s last pick for the SCOTUS for a whole year: Merrick Garland, a moderate. If Obama had had any guts, he should have picked a flaming liberal/progressive. But no, Obama had to reach across the aisle and he had his arm ripped off by the GOP any how. As it was, the GOP would not even allow a hearing for Garland. In what possible universe is Kavanaugh moderate?! Ha, ha, ha, too funny. That’s how far off the rails the GOP has gone when a far right wing apparatchik like Kavanaugh is falsely touted as a moderate. Shaking my head in disbelief.
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By Joe on September 9, 2018 at 12:58 pm
great line for so many frustrating Obama year moments: “But no, Obama had to reach across the aisle and he had his arm ripped off by the GOP…” You’d have thought that having your arm ripped off even once would have stopped the next offering.
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By ciedie aech on September 9, 2018 at 1:36 pm
Kavanaugh is one of the reasons the Evangelicals voted for Trump. We can say goodbye to Roe vs. Wade, unions & collective bargaining, healthcare, immigrants, gun control, the environment, public schools and welcome in voter suppression, gerrymandering and new and stronger corporate power. He will stand up for Trump, if necessary, to keep him in power. Unfortunately, we will be living with this person for years and years. Trump’s work to destroy this country will last for a long, long time. When will we ever be done with this horrible person who lies? The only thing he is good at is destroying our democracy, conning people and getting money for himself and the wealthy.
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By carolmalaysia on September 9, 2018 at 9:33 am
I don’t understand that if the democrats have shown or show that Kavanaugh lied to Congress in his past confirmation hearing why he can’t be impeached at some future date. Just because the republicans force through his nomination now shouldn’t mean that his service can’t be reconsidered. Why should he stay on the highest court when people lose their jobs for such deceit all the time?
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By speduktr on September 9, 2018 at 6:00 pm
Why do you think that anyone voted for Trump, because of any possible supreme court nominee? I would submit, that of all the people who voted Repub in the 2016 election, barely 1% had ever heard of Kavanaugh. I voted for the Repub ticket, and I certainly never heard of this nominee, until he was announced.
Do you have some concrete information supporting your claim that this man will “stand up for Trump(sic)”? The supreme court has complete independence from the executive branch.
Remember back during Watergate, even Nixon appointees voted to mandate that Nixon turn over the tapes.
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By Charles on September 10, 2018 at 9:07 am
people voted for Trump because he promised to select judges who would overturn Roe V. Wade.
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By dianeravitch on September 10, 2018 at 2:01 pm
Charles: There are many sites that will claim the same thing. I call this putting Trump above the law and standing up for him. This is probably the reason Kavanaugh was chosen.
………
Brett Kavanaugh: On Indicting a President & Impeachment
Brett Kavanaugh, a former George W. Bush administration official turned federal judge, is now President Donald Trump’s nominee for U.S. Supreme Court. Kavanaugh has written that he doesn’t think sitting presidents should be indicted – or even investigated – for any crime while in office.
Read what Brett Kavanaugh wrote about indicting a president and presidential impeachment.https://heavy.com/news/2018/07/brett-kavanaugh-indicting-president-crime-impeachment/
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By carolmalaysia on September 10, 2018 at 3:52 pm
I totally disagree with your premise concerning Judge Kavanaugh. Nothing could be farther from the truth about this judge. I look forward to his confirmation to thwart so called conservative John Roberts.
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By Larry Terry on September 9, 2018 at 9:38 am
You think he will protect Roe v Wade? You think he believes that presidents are not above the law? You think he will preserve separation of church and state? He didn’t say anything to assuage those fears.
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By dianeravitch on September 9, 2018 at 10:47 am
I do think he will not vote to reverse Roe v. Wade, nor can he remove the wall between church and state (1st. Amendment). The remedy for presidential malfeasance is impeachment. All this will play out over the next ten years. The dangers you fear will I’m pretty sure not come about.
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By Harlan Underhill on September 10, 2018 at 1:48 am
The Court can indeed chip away at Roe V. Wade. They can approve state legislation that shuts down every clinic that provides abortion services. There are states—entire states—even now, where only one doctor in the entire state provides these services. At risk of his or her life. States will close these down. Desperate women will go to backdoor abortionists or use coat hangers or do whatever they can to terminate unwanted pregnancies. How many women will die?
Yes, the Court can and will eliminate the wall between church and state. Kavanaugh has written that he favors government support for tuition for religious schools. That will produce thousands, millions of students, completely ignorant of science and history, indoctrinated in the world view of their religion at public expense.
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By dianeravitch on September 10, 2018 at 8:10 am
I do not think that this nominee, if confirmed, will support any substantive changes to settled constitutional law. Including the provisions set forth, in Roe v. Wade.
I also believe that this man supports the equality of law, and he does not believe that presidents (or anyone else) is above the law.
I also believe that he will stand by the first amendment, and the clearly stated prohibition of setting up an established church.
One thing I do not like. If this man is confirmed, that will mean that every judge on the court, will have attending either Harvard or Yale law schools! I would like to see some other law schools represented on our nation’s highest court.
Some “academic affirmative action” is called for.
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By Charles on September 10, 2018 at 9:14 am
you are not paying attention.
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By dianeravitch on September 10, 2018 at 2:00 pm
Larry and Furious
Wait, What? He’s another president’s pawn.
First – he he WAS NOT ON THE ORIGINAL FEDERALIST SOCIETY LIST. He was ADDED AFTER THE MUELLER INVESTIGATION BEGAN. Could it be he would vote in favor of supporting that the president cannot be investigated or indicted while in office? (Thank you Rachel Maddow for point that out)
GOP Senate candidates want to change law and allow politics from the pulpit even though 4,000 clergy have signed a letter against. Hmm, how would Kavanaugh vote on that now being Constitutional?
Where is HIS INTEGRITY? and saying “As a I Judge I would rule that all documents should be made available and with ample time to review.” He may be the best candidate out there… but we will never know.
Thousand of pages of documents were withheld (and don’t pull the “more documents than any justice before” – – he’s been in government for decades longer than others so of course there’s more)
He has danced around every question except his coaching experience of a basketball team. How hard is “Yes or No” to a yes or no question.
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By Wait, What? on September 9, 2018 at 2:09 pm
This came from Senator Kamala Harris:
Here are five things that we know for sure about Brett Kavanaugh:
He has not committed to uphold Roe v. Wade, and, if appointed to the Supreme Court, he would likely be the decisive vote that would undermine the right to safe and legal abortion.
He refers to birth control as “abortion-inducing drugs” and believes that employers have the right to exclude birth control from health insurance plans.
He has gone further than the Supreme Court and written that assault weapons and high-capacity magazines cannot be banned under the Second Amendment.
He believes that a sitting president should never be indicted, and he refuses to answer even basic questions about presidential authority, such as whether or not a president can pardon him or herself.
He has flat-out refused to recuse himself should any of the president’s civil or criminal investigations reach the Supreme Court…
I asked Kavanaugh if he supported Section 2 of the Voting Rights Act, which helps protect the right to vote for all communities. He refused to answer.
I asked him if the landmark Supreme Court decision on marriage equality was correctly decided. He refused to answer.
I asked Kavanaugh if he believed there was blame on both sides for last year’s deadly neo-Nazi rally in Charlottesville. He refused to answer that question, too.
My colleague Senator Richard Blumenthal asked him if a judge deserves to be attacked, as our president has done repeatedly to judges, because of their heritage and race. He refused to answer the question. That’s not a hard question to answer. None of these questions are.
Brett Kavanaugh is a dangerous partisan, and under no circumstances does he belong on the highest court of our land…
We need to make sure that generations to come don’t lose access to these opportunities and that partisans placed on the Supreme Court by extreme presidents don’t decide our futures for the next two decades.
Thanks for fighting with me, and thanks for all you do.
–Senator Kamala Harris
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By carolmalaysia on September 9, 2018 at 3:22 pm
It may be worth pointing out that republicans have appointed about 75 percent of the Supreme Court since Eisenhower took office. It is a few years since I did that math, but I believe that it is correct. If, as some are suggesting here, Roberts is not conservative enough to satisfy the desires of the right wing of American politics, that is because the bar keeps moving. Ever since the republicans fought to keep Abe Fortas off the bench some years ago and the democrats made them pay with opposition during the Nixon presidency, Supreme Court justices have been obliged to expect harsh treatment as the electorate demands that their representatives use rudeness. The astounding thing is that the conservatives, after an unprecedented refusal to consider Garland, accuse the democrats of creating a “circus atmosphere” over Kavanaugh. If they do not want a circus, they should not bring the animals into the political arena.
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By Roy Turrentine on September 9, 2018 at 4:31 pm
Roy: “If they do not want a circus, they should not bring the animals into the political arena.”
Ohh. I like that statement. There certainly are a lot of animals around, including the big orange one.
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By carolmalaysia on September 9, 2018 at 5:31 pm
I need to move, but where?
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By Yvonne Siu-Runyan on September 9, 2018 at 6:29 pm
Yes, where? Iran? Turkey? Mexico? Canada is close. Why not stay and fight?
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By Harlan Underhill on September 10, 2018 at 1:52 am
The United States of America, has fences at the border, to keep people out, not in. If you have decided that this country is not the kind of nation you choose to live in, you are free to leave. Just don’t let the gate hit you on the way out.
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By Charles on September 10, 2018 at 8:43 am
The Orange IDIOT is now publicly praising himself.
……………………………….
Trump elevates a tweet offering praise for himself
John Wagner, The Washington Post Published 8:38 am CDT, Monday, September 10, 2018
WASHINGTON – Those who think Americans should thank God for President Donald Trump apparently include President Trump.
On Monday morning, the president retweeted an image of his head, draped with an American flag, with the words, “THANK GOD FOR PRESIDENT TRUMP.”…
https://www.beaumontenterprise.com/news/article/Trump-elevates-a-tweet-offering-praise-for-himself-13217618.php?utm_campaign=email-desktop&utm_source=CMS%20Sharing%20Button&utm_medium=social
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By carolmalaysia on September 10, 2018 at 11:43 am