You are probably not in the habit of reading court decisions. They tend to be dense and filled with citations that slow down the reader.
But you must read the decision issued on October 13 by Judge William Smith of the U.S. District Court of Rhode Island. It is brilliant, fascinating, informative. It is a lesson in civics for all of us.
Students in Rhode Island sued the state of Rhode Island and its governor Gina Raimondo because they did not receive education in civics, which (they said) deprived them of the knowledge and skills they needed to participate in our democracy.
Judge Smith reluctantly dismissed their appeal because no federal court (except for one in Michigan) had ruled that Americans have a “right” to education. He laments that this is the case, and he explains in crisp detail why democracy is in danger in the absence of civic education. He clearly wanted to rule in favor of the students. They will appeal but are likely to run into more roadblocks.
Judge Smith notes that the Brown v. Board of Education decision of 1954 ruled that education was fundamental to citizenship, but the Nixon Court in 1973 ruled that education was not a right guaranteed by the Constitution. Judge Smith laments that fact but can’t overrule it.
Here is the announcement of the decision from the Center for Educational Equity at Teachers College. Michael A. Rebell of the Center is lead counsel for the plaintiffs.
Judge William Smith of the U.S. District Court for Rhode Island, issued his long-awaited decision in Cook v. Raimondo on on October 13,2020. This case was filed by a group of Rhode Island public school students and families who seek to establish a right under the U.S. Constitution to an education adequate to prepare them to participate effectively in their constitutional rights to “voting, serving on a jury, understanding economic, social, and political systems sufficiently to make informed choices, and to participate effectively in civic activities.”
Judge Smith granted the defendants’ motion to dismiss the case, but did so in a manner that eloquently set forth the critical importance of the issues the plaintiffs raised:
This is what it all comes down to: we may choose to survive as a country by respecting our Constitution, the laws and norms of political and civic behavior, and by educating our children on civics, the rule of law, and what it really means to be an American, and what America means. Or, we may ignore these things at our and their peril. Unfortunately, this Court cannot, for the reasons explained below, deliver or dictate the solution — but, in denying that relief, I hope I can at least call out the need for it.
The judge added:
This case does not represent a wild-eyed effort to expand the reach of substantive due process, but rather a cry for help from a generation of young people who are destined to inherit a country which we — the generation currently in charge — are not stewarding well. What these young people seem to recognize is that American democracy is in peril. Its survival, and their ability to reap the benefit of living in a country with robust freedoms and rights, a strong economy, and a moral center protected by the rule of law is something that citizens must cherish, protect, and constantly work for. We would do well to pay attention to their plea.
Plaintiffs in Cook v. Raimondo argue that the U.S. Constitution entitles all students to an education that prepares them to participate fully in a democracy. It alleges that the state of Rhode Island is failing to provide tens of thousands of students throughout the state with the necessary basic education and civic-participation skills. The plaintiffs are 14 high school, middle school, elementary school, and preschool students (or parents on behalf of their children) attending public schools in a variety of school districts throughout the state. An ultimate decision on behalf of plaintiffs in this case would establish a constitutional right to education for students throughout the United States.
Judge Smith rejected the plaintiffs’ equal protection claim, writing that, although the U.S. Supreme Court “left the door open just a crack” for reconsideration of its 1973 decision in San Antonio Ind’t Sch. Dist. v. Rodriguez that education is not a right the U.S. Constitution, he interpreted that “crack” to allow the courts to consider only a case that alleges that students are receiving no education whatsoever or an education that is “totally inadequate.” He also rejected plaintiffs’ “substantive due process” claim that a right to education for citizenship is “deeply rooted in the nation’s history and traditions” because “[p]recedent clearly dictates that, while education as a civic ideal is no doubt deeply rooted in our country’s history, there is no right to civics education in the Constitution.”
Judge Smith’s opinion squarely recognized the federal court’s authority to review the students’ claim on the merits, namely whether a constitutional right to civics education represented the “quantum of education” that might be necessary for students to be prepared for the “meaningful exercise” of their constitutional rights. While Judge Smith found, to his regret, that he was unable to connect the legal dots to support this claim, his opinion articulates what is at stake for our country and our Constitution, leaving the plaintiffs a road map to present their appeal to the First Circuit.
Plaintiffs have stated that they will appeal this decision to the U.S. Circuit Court of Appeals for the First Circuit. Michael A. Rebell, a professor at Teachers College, Columbia University, who is lead counsel for the plaintiffs, said:
Judge Smith has written the most eloquent and forceful justification I’ve ever read for why America may not “survive as a county” if our students don’t obtain a civic education adequate to allow them to meet the challenges jeopardizing our democracy. The final paragraph to his opinion reads:
Plaintiffs should be commended for bringing this case. It highlights a deep flaw in our national education priorities and policies. The Court cannot provide the remedy Plaintiffs seek, but in denying that relief, the Court adds its voice to Plaintiffs’ in calling attention to their plea. Hopefully, others who have the power to address this need will respond appropriately.
Rebell, and the students and families he represents, believe a strong stance by the court will be necessary to ensure the policymakers and school leaders who have the power to address these issues actually do so. Rebell said, “Judge Smith acknowledged that the U.S. Supreme Court in Rodriguez left the door open “a crack” for reconsideration aspects of that decision; we hope to convince the Court of Appeals that this open door does, in fact, permit the courts to rule on the critical issues raised by our case.”
Judge Smith’s full decision is linked here.
I urge you to read the decision.
Does remote learning provide students with an education adequate to prepare them to participate effectively in their constitutional rights to “voting, serving on a jury, understanding economic, social, and political systems sufficiently to make informed choices, and to participate effectively in civic activities”?
If there is such a thing as a right to an adequate education, does remote learning violate that right?
If remote learning were imposed on a school system willy-nilly and arbitrarily without any input from the public DURING NORMAL NON-PLAGUE TIMES, then we could discuss a violation of a right to an adequate education. When we are in the midst of a plague, remote learning creates the possibility for continuing education however inadequate. No question, in person education is the best and remote learning should be a tool to be used sparingly and strategically.
Trump, the IDIOT, certainly doesn’t have the answer to a lack of education in civics. Educating students about racism and slavery, according to him, is an assault on the principles set by the founding fathers. [I guess that means slavery and racism never existed except in L wing propaganda.] What exactly is a ‘pro-American” history? I imagine it is a history that will speak of the many great things Trump did while president, especially how much he helped African-Americans.
Jun 12, 2020 President Donald Trump said he has done more for the black community than any other president besides Abraham Lincoln in an interview with Fox News that aired Friday.
…………………………………..
Trump alleges ‘left-wing indoctrination’ in schools, says he will create national commission to push more ‘pro-American’ history
September 17, 2020
President Trump pressed his case Thursday that U.S. schools are indoctrinating children with a left-wing agenda hostile to the nation’s Founding Fathers, describing efforts to educate students about racism and slavery as an insult to the country’s lofty founding principles.
Trump, speaking before original copies of the Constitution and Declaration of Independence at the National Archives, characterized demonstrations against racial injustice as “left-wing rioting and mayhem” that “are the direct result of decades of left-wing indoctrination in our schools. It’s gone on far too long.”
The federal government has no power over the curriculum taught in local schools. Nonetheless, Trump said he would create a national commission to promote a “pro-American curriculum that celebrates the truth about our nation’s great history,” which he said would encourage educators to teach students about the “miracle of American history.”…
https://www.washingtonpost.com/education/trump-history-education/2020/09/17/f40535ec-ee2c-11ea-ab4e-581edb849379_story.html
They are entitled to an “adequate education” that keeps them enslaved to Corporate business interests….period. Dumb them down so that Bill Gates never has to compete for money and can choose those who are worthy to work in his presence. Mis educated them so that people are willing work to death for crappy wages so that the Walton family can own America and live the high life. Keep them stupid so that the likes of Betsy DeVos and her Scamway family can purchase 10 yachts and numerous homes while the rest of us toil for food and a roof over our heads. If they actually taught social studies and civics in public schools, the kids would be the first to catch on that they’ve “been had” because they are smart. We’ve ALL “been had” since trickle down economics became the buzzword. It’s time to really educate the kids and let them see what these market forces have done to a once civil and just society.
Jeff Bezos just made $10 billion more from his Amazon Prime days. He had refused to give his workers hazard pay or health care, even though 19,000 of them contracted Covid.
We have our priorities mixed up. This is supposed to be a government of, by and for the people, but we mostly cater to the corporations and the wealthy. We need more laws that spell out the state’s obligation to the people. We cannot rely on traditions or a “gentleman’s agreement. There is no honor among thieves, and, unfortunately, this includes too many politicians.
I just received another message from the WH, with the official government seal and the scribbled handwriting of Trump by Sharpie. How honored I am. /s I have to pass this ‘golden message’ on to all readers. [Barf!]
If Trump tells you that he is working to give every child a chance to grow to his/her full potential, well “Bless his great heart.” [Barf!] I have no idea of why I am getting these letters.
…………….
October 15, 2020
Dear Ms. Ring,
Thank you for your letter. Your engagement on matters concerning our country helps strengthen our Nation.
Throughout this challenge, my Administration has worked to ensure the health and well-being of our Nation’s children. As the future leaders of our great country, America’s young people must have every opportunity and resource available to grow, learn, and reach their full potential, especially during these unprecedented times.
As we continue to combat the coronavirus pandemic, we must use every tool at our disposal to respond to the challenges posed by the virus. My Administration is actively working with Congress to advance legislation that effectively responds to the needs of the American people and protects their livelihood. We must ensure that any legislation passed strengthens our economy, enhances the safety and well-being of our citizenry, supports American workers and families, and provides our Nation’s frontline healthcare workers with the resources they need to win in the fight against this invisible enemy.
I appreciate your taking the time to write about this important matter. Together, as one Nation, we will continue to face this challenge with unity and conviction.
Sincerely,
[Scribbled unintelligible signature by Sharpie]
Reblogged this on David R. Taylor-Thoughts on Education and commented:
Good Read.
An easy fix.
The 28th Amendment to the U.S. Constitution:
Every minor child and adolescent from age 4 to 18 is entitled to a free public education in democratically controlled public schools paid for by public money to gain the knowledge and skills they need to participate in our democracy.
I loved school (mostly) and especially social studies classes. But I really had a tough time with Government. Maybe because it was senior year and I was working all the time and trying to pass my other classes, I don’t know. But I do know that other than some basic info from the Constitution and whatnot, i can’t remember a thing.
I felt foolish when I hit 21 and cast my ballot for the first time. It wasn’t just presidency and governorship, but tons of other things on the ballot I didn’t remember. I was 21 and didn’t know what the Railroad Commissioner was for and why it mattered if they were democrat or republican. City comptroller–what the hell was that? I was also totally in the FUX news bubble while living with my mother (not enough life experience to ask the right questions and debate her til later), so in annoyance I voted straight ticket Republican (the first and ONLY time in my life I did that) and walked away.
As far as the state amendments, or bond issues… I had no idea what was going on with those either, so I guessed. Since that day, I’ve tried to look up what is up for grabs in each election and tried to give myself a crash course each time regarding who is on the ballot for what, and what amendments or bond issues were on the table. It’s easier when you’re in Harris County, TX, because Houston has the main newspapers and reporters out giving the scoops. Beyond a major city, though, and across county lines in poorer ones, it’s hard to get the relevant info (though maybe by demand this year the county web page will have that info easier to locate). All I’ve seen is some crappy PDF scans of parts of ballots with watermarks over ’em so you can kind of read what’s on the ballot, but that’s it.
Gina Raimondo is married to Andy Moffit, who started his career in TFA. He’s been a McKinsey consultant, worked for Stand for Children and is co-author with Michael Barber of Pearson of the infamous Deliverology. Now he’s teaching at, but of course, HGSE. Power couple indeed.
Peter Greene’s got all the deets:
https://curmudgucation.blogspot.com/search?q=gina+raimondo