Archives for category: Budget Cuts

Pamela Lang, a journalist and graduate student in Arizona, wrote for The Hechinger Report about her futile search for a school that would enroll her son, who has special needs. Despite Arizona’s budget-busting voucher program, she and he were turned away again and again. It’s time for her to check out her local public school, where her son would get the services he needs and he could not be rejected.

Please read her account.

If you live in Arizona, school choice may be coming to your neighborhood soon. As someone who has had more school choice than I know what to do with, I can tell you what may feel like a shocking surprise: Private schools have the power to choose, not parents.

I live in Phoenix, where the nearby town of Paradise Valley is getting ready to offer the privatization movement’s brand of choice to families. The district has indicated that it will likely vote to close four public schools due to insufficient funds. If this happens, other districts will probably follow: The state’s recent universal voucher expansion has predictably accelerated the diversion of money from public to private schools.

Arizona approved use of school choice vouchers, called Empowerment Scholarship Accounts, or ESAs, in 2011 on the promise that they were strictly for children with special needs who were not being adequately served in the public school system. The amount of funds awarded to qualified students was based on a tiered system, according to type of disability.

Over the years, the state incrementally made more students eligible, until full expansion was finally achieved in 2022. For some students, the amount of voucher money they qualify for is only a few thousand dollars, nowhere near enough to cover tuition at a private school. Often, their parents can’t afford to supplement the balance. However, my son, who is autistic, qualified for enough to cover full tuition.

I took him out of public school in 4th grade. Every school I applied to seemed to have the capability to accommodate his intellectual disability needs but lacked the willingness. Eventually, I found a special education school willing to accept him. It was over an hour from our home, but I hoped for the best. Unfortunately, it ultimately was not a good fit.

I then thought Catholic schools would welcome my son, but none of them did. One Catholic school principal who did admit him quickly rescinded the offer after a teacher objected to having him in her class.

The long list of general, special-ed, Catholic and charter schools that turned my son away indicate how little choice actually exists, despite the marketing of ESA proponents.

There was a two-year period where I gave up and he was home without social opportunities. I was not able to homeschool, so a reading tutor and his iPad became his only access to education.

I then tried to enroll him in private schools for students with disabilities.

These schools were almost always located in former office suites in strip malls with no outdoor access. My son’s current school shares space with a dialysis center in a medical building, while a former school was located in a small second-floor suite in a Target plaza.

Once a private school admits your child, they can rescind admission without cause. Private schools are at leisure to act as virtual dictatorships, and special-ed schools in particular are notorious for keeping parents at a distance…

Education is a human right, and public schools, open to all, are the guardians of this right. What privatizers call choice does not really exist.

Please open the link and read the article in full.

This report was written by Tanisha Pruitt, Ph.D., for Policy Matters Ohio in April 2023. It provides a comprehensive review of the funding of K-12 education in the state. The state has 1.6 million students. The state Constitution says (Article 6, section 2):

The General Assembly shall make such provisions, by taxation, or otherwise, as, with the income arising from the school trust fund, will secure a thorough and efficient system of common schools throughout the state; but no religious or other sect, or sects, shall ever have any exclusive right to, or control of, any part of the school funds of this state.

The legislature and governor of Ohio apparently believe that the state Constitution does not mean what it says. The Republican leadership has steadily increased the funding of charter schools (which are not “common schools,” but are privately managed schools, some for-profit) and vouchers, which go primarily up religious schools.

The report was written before the legislature lifted income caps on vouchers, agreeing to subsidize the tuition of all students regardless of family income.

Please open the link to see the graphs.

The Policy Matters Ohio report begins:

School is a place where childhood happens. Ohio’s public educators teach children of all races and backgrounds basic skills, but also challenge and inspire them to follow their dreams. For many students, school is a safe place to learn, develop and grow.

Ohio currently educates 1.6 million children attending school in our cities, suburbs and small towns. For years, almost no one was happy about how the state of Ohio funded public schools. The system pitted communities against each other and private and charter schools against public schools. We were living in the K-12 version of the “Hunger Games”: The wealthier your district, the stronger your chances of success.

Most state lawmakers signed off on a system that relied too heavily on local property taxes,[1] so communities where many residents have low incomes struggled to pay for the basics like updated resources and teaching materials. The state capped the funding it sent to some districts, often leaving those districts feeling cheated. In others, state funding failed to keep up with changing costs and student needs. Since 2005, lawmakers have been systematically sending more resources to the wealthiest Ohioans by cutting the state income tax, which accounts for nearly one-third of the state’s spending on schools. Meanwhile, lawmakers have diverted almost $1 billion a year from local levies to private and charter schools.[2]

These policy choices have taken a toll on Ohio’s educational outcomes. Education Week ranks Ohio 46th in the nation for equitable distribution of funding.[3] The performance metrics included: (1) state spending by examining per-pupil expenditures adjusted for regional cost differences, the percent of students in districts with per-pupil spending at or above the national average, spending index, and percent of total taxable resources spent on education and (2) Equity, by examining the degree to which education funding is equitably distributed across the districts within the state.[4]

The pandemic has contributed to a decline in test scores, which could have an impact on our overall ranking, if we do not get students caught up.[5] Over nearly two decades, we can draw a straight line between the racial and economic achievement gaps and the lack of funding to provide Black, brown, economically disadvantaged students[6] and students with disabilities what they need to succeed in school.

Ohio’s schools are becoming more racially and ethnically diverse; the Hispanic[7]population (a close proxy for Latinx) alone has more than doubled over the last 10 years.[8] Student poverty is also on the rise with 51% of students considered economically disadvantaged and the homeless student population doubling over the last decade.[9]

COVID-19 created unstable and even chaotic learning environments across Ohio. The elevated stress and social isolation caused by the move to virtual learning[10]exacerbated students’ need for mental health services.[11] The pandemic continues to take a toll on educators as well. COVID and other outbreaks are making educators sick. Moreover, increased stress and low pay cause many educators to leave the profession. Districts across the state have grappled with unprecedented staff shortages. For example, Columbus City Schools (CCS) had 800 employees absent every day during the height of the pandemic.[12] Hamilton City School officials were forced to cancel classes when 170 staff members were out due to illness.[13]

COVID has especially hammered school districts in communities that can’t raise enough money through local property taxes — especially in big cities, where Black, brown and economically disadvantaged students are more likely to live.[14] Schools in these communities often have fewer resources for COVID mitigation efforts like improving ventilation.[15]

Long before COVID, many policymakers neglected public schools, siphoning away their funding for tax giveaways[16] to corporations and undercutting them with schemes that send public money to charters and private schools. Combined with the effects of COVID, Ohio’s legacy of inadequate and inequitable funding has weakened the role school plays as a foundational public service for families and communities. For our state to be a vibrant place where people want to live, we need fully and fairly funded schools in all districts, no matter what students look like, or how much money their families have.

This report describes how the state funds public K-12 education and some key investments proposed in the 2024-25 Executive Budget, the legacy of unconstitutional funding, the role private school vouchers play in harming public schools, and how the Fair School Funding Plan — when fully funded and fully implemented, including weights and cost corrections — can provide districts with more resources to prepare Ohio’s children to succeed.

A brief history of Ohio school funding

The framers of Ohio’s constitution obligated the state to provide a “thorough and efficient system of common schools” for all students.[17] In 1991, the Ohio Coalition for Equity & Adequacy of School Funding, representing more than 500 school districts in Ohio, filed suit in the Perry County courts against the State of Ohio for failing to uphold this constitutional requirement.[18] In DeRolph vs. The State of Ohio — named for Perry County school district student Nathan DeRolph — plaintiffs argued the state was failing to live up to its obligation due to over-reliance on local property taxes for school funding: In wealthy communities, high property values generated revenues needed to provide students with more resources for cutting-edge technology, advanced classes, and extracurricular activities; the opposite was true in poor communities. This left schools in cities, rural areas and many low-income communities severely under-resourced, significantly harming outcomes for their students.

The litigation dragged on until 1994 when Perry County Court Judge Linton Lewis, Jr. ruled that “public education is a fundamental right in the state of Ohio” and that the state legislature must provide a better and more equitable means of financing education.

The DeRolph case was the start of a foundational shift in the school funding system in Ohio, but the fight for constitutional and equitable funding continued for decades following the ruling. By failing to keep up with inflation and by diverting public funds to charter schools[19] and vouchers (i.e., scholarships to private schools), lawmakers in fact cut state aid to traditional public schools over time.[20] As a result, public schools have increasingly relied even more on local resources, which exacerbates the problem of unequal funding and quality across districts,[21] a problem that persists today….

Public dollars, private benefits

Two smaller education systems run alongside Ohio’s traditional public schools: charters and private schools. When legislators redirect funding from traditional public schools to pay for charters and vouchers (which pass public dollars through parents and into private schools), the vast majority of Ohio students who attend traditional public schools have to make do with less.

In Ohio charter schools have been branded “community schools” and are considered “public” because they cannot charge tuition and they are supposed to accept all students. However, charter schools do not necessarily serve the public good. Charter school sponsors may contract with for-profit companies to operate the schools. In 2020, Ohio had 313 charter schools serving 102,645 students and 178 (57%) of them were operated by for-profit entities.[48]These “operators” have been the source of much scandal in Ohio. Simply put: The charter system in Ohio has lots of loopholes for private, profit-seeking companies to siphon off public dollars.

In FY 2022 the state sent $1.45 billion to charter schools — up from nearly $620 million in 2007.[49] During that time, Ohio’s legislators earned our state a reputation as “the wild west of charter schools” by failing to hold charters and their operators accountable.[50] Problems with Ohio’s charter school system came to a head with the ECOT scandal: A for-profit online charter school, the Electronic Classroom of Tomorrow squandered millions in public money by inflating enrollment numbers.[51] Other charter scandals have prompted rounds of legislative reform to reduce self-dealing, prevent the state from paying for students who were not actually attending school, and stop attempts at double-dipping by selling state-purchased materials back to the state for even more public dollars.[52]

The Ohio Charter School Accountability Project, a joint effort of the Ohio Education Association (OEA) and Innovation Ohio, using data primarily from the Ohio Department of Education (ODE), created a tool to help Ohioans know the state of publicly funded charters and private schools that accept public vouchers, and how they compare to traditional school districts. Analysis includes state report card rankings, classroom expenditures, and state aid deductions to charter schools. This system is intended to provide transparency so that parents, teachers, students and advocates can hold charter schools accountable.[53]

Based on the recent Annual Community Schools report conducted by the Ohio Department of Education (ODE),[54]community schools in Ohio are receiving more funding through the Quality Community School Support Grant (QCSS). Eligibility requirements for these grants are based on performance standards and overall academic achievement. In the current budget lawmakers increased funding to QCSS to $54 million for FY 2022, a $24 million increase from 2021. This increase includes a per-pupil increase of $1,750 for economically disadvantaged students and a $1,000 per-pupil increase for all other students.[55]

Vouchers eat up state funding for K-12 schools

As problematic as under-regulated charter schools can be, the proliferation of private school vouchers has had the most serious consequences for public schools and the vast majority of Ohio students who attend them. Since the Cleveland Voucher Program for low-income students in Cleveland City Schools launched in 1996, policymakers have expanded voucher programs across the state. Ohio currently has four main school voucher programs: the Educational Choice (EdChoice) Scholarship Program, the Cleveland Scholarship and Tutoring Program (CSTP), the Autism Scholarship Program, and the Jon Peterson Special Needs (JPSN) Scholarship Program. The EdChoice program is split into two types: the Traditional EdChoice Scholarship, also known as performance-based EdChoice, and the EdChoice Expansion Scholarship, also known as income-based EdChoice.

Policymakers introduced the Traditional EdChoice scholarship program in 2005 and continue to expand it. The EdChoice Expansion program was introduced in 2014 and has also expanded in scope. The performance-based EdChoice program is available to students in underperforming school districts, while the income-based EdChoice program is available to low-income students. The Cleveland Scholarship is for all K-12 students in the Cleveland Metropolitan School District. The other two scholarships, Autism and JPSN, are for autistic students and students with any disability, respectively.

What started as a program to provide alternative education options for students in what the state perceived to be underachieving schools has now expanded to include students from public schools with high achievement grades. According to a brief by the Northwest Local School District, 47.7% of the buildings on the current list of Ohio schools eligible for vouchers have overall grades of “A,” “B,” or “C” under the state’s report card system. The number of eligible schools has also grown rapidly. During the 2018-19 school year Ohio had fewer than 300 school buildings that were considered eligible; by 2020-21, 1,200 school buildings were eligible: a 300% increase in just two years.[56] Similarly, income-based vouchers are now being proposed for families earning up to 400% of the federal poverty level. This expansion would be a costly and needless expansion, subsidizing private education for families that need no help. A family of four could earn up to $120,000 and be considered income eligible. This expansion will make vouchers nearly universal, by providing an additional handout to upper-middle-class families at the expense of public schools.

Vouchers in the state budget

After years of tax cuts for the wealthy and corporations that have drained resources from public schools, and as COVID has created new pressures, the state further undercuts public schools by pumping hundreds of millions of public dollars into private schools.[57]

The 2022-23 biennial budget expanded funding of private schools, especially through EdChoice and other voucher programs. Traditional, performance-based EdChoice received $212.5 million, and the income-based EdChoice Expansion program received close to $103 million, a combined 61.4% of voucher payments statewide in FY 2022. The Autism and JPSN scholarships received $116.5 million and $76.6 million, respectively, making up 17% and 12.4% of distributed scholarship funds. The Cleveland Scholarship program received $46 million and only makes up 9.1% of distributed scholarship funds.[58]

Legislators have increased voucher payments from state funds since 2014, as illustrated in Figure 6.[59]

Figure 6
https://datawrapper.dwcdn.net/7sKMh/2/

The FSFP funds vouchers directly instead of allowing them siphon away districts’ state funding. Lawmakers increased total voucher allocations from $395.4 million in FY 2020 to $635.1 million in FY 2022.[60]They also increased direct state aid to private schools, though not as dramatically. Policymakers increased funding for “auxiliary services” to private schools from $149.9 million in FY 2021 to $154.1 in FY 2022 and just under $156 million in FY 2023. Meanwhile, “nonpublic administrative cost reimbursement” aid — which reimburses charter schools for the cost of mandated administrative and clerical activities such as preparation, filing and records keeping[61] — increased from $68.9 in FY 2021 to $70.8 in FY 2022 and $71.6 in FY 2023.[62]

Lawmakers have increased spending on vouchers by increasing the amount families can receive. For income-based EdChoice Expansion vouchers for FY 2022-23 the state now awards qualifying K-8 students $5,500 per year and high school students $7,500 per year for tuition at non-public schools, up from previous award amounts in FY 2020-21 which provided $4,650 for K-8 students and $6,000 for students grades 9-12.[63]….

Voucher expansion threatens our public schools

Because of the General Assembly’s continued expansion of voucher programs, more Ohio families are enrolling in them — up from 52,000 in 2019 to 69,991 in 2021. Even accounting for this growth, most voucher students were already attending private school before receiving vouchers.[64] Further, the number of vouchers is a fraction of the number of students served in public schools. When students use state-funded vouchers to attend private schools, even if they were never enrolled in traditional school districts, it means less money in the state budget that could otherwise be spent creating great public schools, which must serve all students.

The Ohio Coalition for Equity and Adequacy of School Funding, a coalition of over 100 school district and 20 education and community groups, took the state of Ohio to court, claiming that EdChoice Expansion violates the constitutional requirement that the state provide a “thorough and efficient system of common schools.” Coalition advocates believe that state lawmakers’ growing investment in vouchers could lead to a school funding system that privileges private education even more in years to come.[65]

Many proponents of voucher expansion have painted it as the state simply supporting parents’ right to choose where their child will be educated, but choice is not the problem, priorities are. The state has not fulfilled its constitutionally mandated responsibility to fairly fund public schools. Key components of the FSFP are still outstanding. Allocating close to $1 billion in public funds for students to take vouchers to private schools is a huge disservice to the 90% of students who attend our public schools.

Ultimately, the way the executive budget proposes to distribute foundation aid over FY 2024-25 will further erode the share going to traditional public schools by allocating a greater share to charters. The proposed budget would send 77.9% of foundation funds to traditional schools, compared to 79.1% in the last budget. Charters would take 10.8%, up from 9.9%. Voucher programs stay at 7.1%, and joint vocational school districts increase to 4.2% from 3.8%.

Recommendations & conclusion

Ohio has underfunded public schools and other essential public services for years.[66] Ohio lawmakers have cut state income taxes since 2005, reducing our ability to provide an equitable education system for all our students, and giving huge windfalls to the wealthiest Ohioans and little or no benefit to people with middle or low incomes.

Policymakers have a constitutional duty to protect public schools. Ensuring a thorough and efficient system of common schools means correcting disparities generated from over-reliance on property taxes by fully implementing the FSFP, with accurate estimates of how much it really costs to educate our kids.

Lawmakers in Ohio need to invest in developing an educator workforce of qualified teachers who are paid fairly for their essential work and strongly supported while doing it. Other pressing issues include a bussing crisis,[67] fewer 5-year-olds prepared for kindergarten,[68]lowered reading and math proficiency scores,[69] chronic absenteeism,[70] and a persistent digital divide.[71]

The state has sufficient revenue to meet these challenges, so long as legislators make public schools and kids a priority. Ohio has the money to fully commit to the FSFP in this budget. Instead of phasing in funding piece by piece, year after year, lawmakers should fully fund it right now. Ohioans must come together to demand lawmakers live up to the promise of the FSFP in the next biennium and beyond.

Garry Rayno has been covering New Hampshire politics for decades. He writes in InDepthNH with a sense of astonishment about the Legislature’s eagerness to remove the income limits on the state’s recently enacted vouchers, noting that vouchers (called “Education Freedom Accounts”) are claimed mostly by families whose kids never attended public schools and that vouchers are likely to bust the state’s budget. The state’s education commissioner Frank Edelblut homeschooled his children, and he seems to view public schools with contempt. He was appointed by Governor Chris Sununu.

He writes:

…Two of the three bills would either remove any income cap or have a list of situations that automatically would qualify a student for the program, making both bills about universal vouchers with no limits on parents’ income.

The first year of New Hampshire’s EFA program, the income limit was 300 percent of federal poverty, and that was increased last session to 350 percent.

House Bill 1665 would increase the income cap to 500 percent of poverty or over $150,000 for a family of four, which is just over the state’s median income, which means slightly more than half the families in the state would qualify.

And yes the greatest use of the EFA program money continues to be for tuition at private and religious schools and homeschool programs for kids who were not in public schools when the EFA program began in 2021.

House Bill 1634 would remove any income cap from the program and House Bill 1561 has nine categories with automatic eligibility, which together, provide parents with an opportunity to successfully find a reason to have their student or students qualify.

Reaching Higher NH estimates if all the students in private or religious schools or homeschools qualify for an EFA, it would cost the state about $105 million, which is a far cry from the $300,000 Education Commissioner Frank Edelblut claimed would be the first year cost of the program.

But his estimate was much less than the real cost — $8 million — the first year, and $15 million the second year and as estimated $25 million this school year.

That is money that comes from the Education Trust Fund which is used for the adequacy grants to all school districts and charter schools, special education costs, building aid and transportation.

The fund currently has a $200 million surplus but that won’t last long if the program balloons to over $100 million a year…

To date about half the states have a voucher program of some kind, most not universal or as expansive as New Hampshire’s. A handful of states have universal programs.

If you wonder what can happen with these programs when they become universal, look at Arizona.

The state’s first school voucher plan using money that would have gone to public schools — like New Hampshire’s does — began in 2011.

A proposition for a universal plan was defeated by voters in 2018, but the Republican controlled Legislature approved a universal plan in 2022 and it was signed by then outgoing Gov. Doug Doucey.

Newly elected Democratic Gov. and former Secretary of State Katie Hobbs, tried to do away with the universal plan her first year in office, but was blocked by the Republican legislature. This year she wants some guardrails and transparency for the program, but the legislature is not likely to agree.

The Empowerment Scholarship Accounts program costs the state $1 billion annually and is the biggest driver in the state’s growing budget deficit of $400 million.

Criticism of the program includes using the state money for ski passes, piano purchases and other “luxuries.”

When the program expanded, about 75 percent of the new students were never public school students, much like New Hampshire’s experience.

Another universal program is in Florida where Gov. Ron DeSantis pushed through expanding their voucher program to universal last year as he prepared to run for the GOP nomination for president.

Among the complaints after the universal program began, ironically, was state money was used for tickets to Disney World.

Idaho and Utah also have universal programs and Indiana’s covers 97 percent of the state’s students.

Most states limit eligibility for the program to less than 300 percent so currently New Hampshire is more generous than any state that does not have universal voucher programs.

For example, Maryland limits participants to185 percent, North Carolina 133 percent, Ohio 200 percent, and South Carolina to Medicaid recipients.

There are several other bills dealing with the EFA program that will come before the Legislature this year including two that would allow any student turned down for a hardship placement in another school district would automatically qualify for the EFA program the next year.

Another bill takes aim at the organization that administers the EFA program. It would require the Children’s Scholarship Fund to establish an affiliate in New Hampshire as it has in every other state where it runs their voucher programs.

This push to move money out of public education and into private entities is not unique to New Hampshire.

The last several years, many states have had bills similar to the one that made it through New Hampshire in the 2021-2022 biennial budget, as it had trouble standing on its own.

There is a great deal of dark money behind this push coming from familiar places like the Devos and the Koch Foundation and it is not all about the quality of education as they would like you to believe.

One of the last healthy bastions of unionized labor is teacher unions and many involved in the push for school choice want to see that change.

There is one bill in the Senate and one in the House that would establish the position of part-time teacher, someone who works less than 30 hours a week and does not need Department of Education credentials.

The war on public institutions is not always what it appears to be, but you can be assured at the heart of it is big money, taxes and small government.

I received a fundraising letter for a teacher who is running for the Legislature. It was forwarded to me by a friend who lives in the district. I read his letter and immediately sent Derek Reich a donation to his campaign.

Dear Friend,

I’m Derek Reich, a local high school government teacher here in Sarasota. I’m now the Democrat running to be your state representative in District 73 so I can fully fund our children’s public schools, lower homeowner’s insurance, and restore a woman’s freedom to control her body.

I was born and raised in Sarasota County, and never envisioned myself running for office. But when Fiona McFarLand, our current representative, voted to cut $12 million in funding from our public schools, I was outraged. What representative would go to Tallahassee to cut funding from their own community’s children? She also voted for no exceptions for rape or incest in Florida’s new abortion law. Enough is enough. I will fight for my hometown and for all of my neighbors in Sarasota County who are being ignored by Tallahassee politicians.

This is the most competitive state house race in Florida. In 2020, Biden and Trump practically tied it at 49% each. I am going to flip this seat, and I hope to earn your support to do it. If you want to learn more about my campaign and the issues I’m fighting for, you can visit my website: https://derekforflorida.com/.

We’re working to build the campaign needed to get our message out by the voters, and any support you can give would help us knock doors and let voters know what our opponent is doing in Tallahassee. If you’re able to help, you can donate securely online at this link.

Let’s send this #TeacherToTallahassee

Sincerely,
Derek Reich
Teacher, Candidate for State Representative

Thomas Mills, a blogger in North Carolina, describes the hoax of “vouchers for all” in his state. Vouchers began as a way to offer new opportunity to poor kids. But since the General Assembly removed income caps on voucher families, vouchers have become a subsidy for rich kids who never attended public schools. The Republicans who passed universal vouchers knowingly and cynically turned them into a subsidy for the wealthy, a reverse Robin Hood scheme.

Mills writes:

This week, the North Carolina Opportunity Scholarship Program, also known as the voucher scheme, began accepting applications. House Speaker Tim Moore tweeted, “The expanded NC Opportunity Scholarship Program is now open for applications! In fact, the website was so inundated that it crashed at 12:15 am, shortly after going live. Thanks to the NC General Assembly, ALL families of K-12 students are now eligible to apply.”

When Moore says “ALL families,” he’s referring to wealthy families since the legislature eliminated the income cap for the vouchers. The site crashed because North Carolina has so many people already in private schools who now are eligible for state subsidized education. Rich folks who send their children to private schools are about to get a windfall while poor schools are going to lose funding. It’s Robin Hood in reverse.

The whole program is a scam, the epitome of a bait-and-switch. Republicans pushed through their voucher program as a way to level the playing field, offering poor families a way to send their children to private schools when public schools weren’t working for them. Now, they’re saying that families that don’t send their children to public schools shouldn’t have to pay for them. They have dropped any pretense of helping struggling families and moved straight to subsidizing rich people. According to Republicans, rich people have no community obligations.

Let’s be clear. The name “Opportunity Scholarship” is pure propaganda. There are two types of scholarships, need-based and merit-based. Giving vouchers to rich people just because they decide not to send their kids to public schools is a tax break, not a scholarship. And it’s a tax break designed for wealthy people at the expense of poor people.

Republicans are working hard to damage public schools. They fundamentally don’t believe in the responsibility of the state to provide a sound, basic education. They have cut per pupil spending, let teacher pay lag, and reduced support staff in schools. They’ve tried to dictate curriculum to indoctrinate students in a conservative philosophy, all while claiming public schools are brainwashing our kids with left wing ideas. They’ve left us with demoralized teachers and overworked staff and our children are paying the price.

Now, the state Supreme Court is about to get into the act, too. Thirty years ago, a group of students from North Carolina’s poor counties sued the state, claiming that their school systems lacked the funding to provide the quality of education that the state constitution demands. They won their suit and, since that time, the courts have reviewed funding to ensure that poor counties got the money they deserve.

However, with a new court dominated by far-right Republicans, the decision may be overturned. Chief Justice Paul Newby and his band of conservatives justices have not been shy about throwing out precedent, giving new meaning to an activist court. They will decide if the most recent allocation determined by the court will be rescinded. The GOP legislature contends that the court has no business telling the lawmakers how to spend tax dollars.

If the Republicans win, they will have essentially reinterpreted the constitution. Article 9, Section 2 of the constitution reads, “The General Assembly shall provide by taxation and otherwise for a general and uniform system of free public schools, which shall be maintained at least nine months in every year, and wherein equal opportunities shall be provided for all students.” Traditionally, the court has interpreted the “uniform system” of “equal opportunities” to mean the quality of education should be as good in poor counties as it is in rich ones. The GOP would render the clause either aspirational or maybe just a suggestion, despite the word “shall.”

The assault on public education in North Carolina is unprecedented and radical. Republicans aren’t just making cuts around the edges. They are changing the way we view public schools and our collective responsibilities. They are shifting resources and increasing the burden of financial responsibility on the poor while reducing the funds from the rich, just like they did with our tax system.

Ironically, the people who suffer the most are the people who make up the GOP base. Rural counties will watch their tax dollars go to wealthy families in urban and suburban areas while their public schools will suffer from increasing lack of revenue. Of course, Republican donors will almost certainly benefit. As they say, partisanship is a helluva drug.

I am more than a little touchy on the subject of for-profit takeovers of hospitals that serve the community. That happened in my neighborhood a few years back. The city sold a major hospital to a for-profit firm. The hospital eventually went bankrupt and was sold off and converted to other uses. This hospital saved my life in 1998, when I walked in to the emergency room, short of breath and limping. As it happened, I had an advanced pulmonary embolism. Had I not gone to the hospital, I would not have survived the night, said the pulmonary specialist the next morning.

Larry Edelman of The Boston Globe in his column called Trendlines tells the story of what happened to a small chain of hospitals that served high-needs communities:

The hound from hell

It was a match born of voracity and desperation, as many private equity buyouts are. Cerberus Capital Management hit a home run with Steward Health Care. But Steward may be about to go down swinging.

Rewind: In 2010, Cerberus agreed to bail out Caritas Christi Health Care, a struggling network of six Catholic hospitals serving mainly poorer communities in cities including Boston, Brockton, Fall River, and Methuen.

The New York firm paid $246 million in cash, assumed more than $200 million in pension liabilities, and promised to invest $400 million in the company, rechristened Steward Health Care.

When the deal was announced, a Cerberus executive told the Globe it was “a big win for the hard-working communities of Greater Boston.’’

Fast-forward: After a national expansion, Steward is on the ropes. Last week, the Globe’s Jessica Bartlett broke the news that the company — now owned by a group of physician-managers — is having trouble paying rent and may have to sell or close hospitals.

But the deal was a big win for Cerberus. It cashed out of Steward in early 2021, quadrupling its money with an $800 million gain, according to Bloomberg.

The backstory: Cerberus bought Caritas Christi four years after a blockbuster hospital deal: the 2006 leveraged buyout of HCA for $21 billion by Kohlberg Kravis & Roberts and Bain Capital of Boston.

The sheer size of the acquisition — and the involvement of two respected firms — supercharged a health care buyout binge that extended beyond hospitals to nursing homes, physician practices, and home health providers.

Cerberus jumps in: After taking a high-profile beating on its 2007 bet on Chrysler, Cerberus saw an opportunity to profit on a turnaround of the “St. Elsewhere”-esque Steward. The plan: buy up other hospitals around the country, deploy new technology, improve efficiency, control costs, and bill Medicare and Medicaid as aggressively as possible.

It was a vision adeptly articulated by Dr. Ralph de la Torre, Caritas’ chief executive officer who remained in charge under Cerberus.

But it was a tough slog for the cardiac surgeon. His expansion plans were thwarted, and Steward didn’t make any money until 2015, when a reduction in pension payments put it in the black.

The big breakthrough: The following year Steward sold its hospital properties for $1.2 billion to Medical Properties Trust, a real estate investment trust that also paid $50 million for a 5 percent stake in the company.

Steward, which leased the properties back from Alabama-based MPT, earmarked the proceeds to buy more hospitals and pay down debt. It also returned Cerberus’ initial investment, though the firm held on to a controlling stake in the company.

In effect, de la Torre had landed a new financial backer, letting Cerberus off the hook.

“We look forward to expanding our relationship with Steward in the years ahead,” MPT chief executive Edward K. Aldag Jr. said at the time.

And MPT did just that in 2017, writing a $1.4 billion check and buying an additional $100 million of Steward equity. De la Torre used the money to buy IASIS Healthcare, a $2 billion purchase that gave Steward 18 hospitals in Arizona, Arkansas, Colorado, Louisiana, Texas, and Utah, making it the largest for-profit chain in the country.

The next year de la Torre moved the company’s headquarters to Dallas, where taxes are lower and regulations lighter.

Minimal disclosure: As a private company, Steward isn’t required to make its financial statements public. Moreover, it has largely ignored Massachusetts requirements that it file detailed financial information on an annual basis.

But publicly traded MPT discloses some Steward financials because the chain is its largest tenant, accounting for about 20 percent of revenue. That’s how we know that Steward booked operating losses of $322 million in 2017 and $270 million in 2018.

Steward’s leaseback deal with MPT significantly boosted its expenses, but as Jessica reported, the health system blames its dire financial straits on rising interest rates and labor costs, an increasing Medicaid population, and difficulty collecting bills.

MPT has been hit hard by Steward’s woes. Its stock tumbled nearly 40 percent after it announced earlier this month that Steward was having trouble paying rent.

Moreover, COVID clobbered all hospitals. Despite receiving government pandemic aid and hundreds of millions of dollars in loans from MPT, Steward is strapped.

Good timing: Cerberus was out before the bedpan hit the fan.

In May 2020, it swapped its stake with Steward doctors in exchange for a note paying interest. Then, in January 2021, Steward borrowed $335 million from MPT to pay off the debt.

Cerberus was free and clear.

Parting thought: It’s not the only time the firm — named after the three-headed dog that guards the gates of Hades in Greek mythology — scored big on a company that went bust.

It did well on its buyout of Mervyn’s by selling off the department store chain’s real estate before it went bankrupt. And it recouped its investment and then some at arms maker Remington by paying itself a dividend before the company went broke. Such strategies are common in private equity.

You see, when firms like Cerberus do business, it’s often “heads I win, tails you lose.”

I believe that a liberal arts education is the heart and soul of what it means to be an educated person. No matter what job or career or profession you aim for, you are not educated unless you have studied history, literature, the arts and sciences. These are the studies that prepare you for citizenship and for a full life. Can you understand the world if you know little about history? Can you understand political debates about medicine and health if you never studied science? Are you prepared to understand the breadth and depth of the human spirit if you have never learned about art and music?

I think not. Oddly, it seems to me, cutting the humanities is an elitist path, a decision that students in rural areas don’t need or deserve a full education that tends to their mind, their heart, and their soul.

Sadly, The Daily Yonder reports, public colleges and universities in rural areas are slashing courses and majors in the humanities, favoring instead the courses that prepare students for jobs and careers.

Part of the decision is based on declining enrollments, but the state budget for piublic higher education is being cut even wen the stat’s coffers are overflowing. Governors prefer to cut taxes—income taxes or property taxes—rather than invest in the future of their state.

Elaine C. Povich of Stateline reports:

MORGANTOWN, W.Va. — Taya Sullivan, 20, is a freshman at West Virginia University, double majoring in neuroscience and Spanish. She also has a campus job in a linguistics lab, building on her majors and earning money she needs to continue her studies.

Next semester, both her Spanish major and her job will be gone.

Sullivan has been caught up in the university’s decision to eliminate its foreign language majors. The school is axing 28 majors altogether, ranging from undergraduate languages such as French and Russian to graduate majors in math and higher education. It also is cutting 12% of its professors.

Administrators say they’re responding to a budget shortfall, declining enrollment, flagging student interest in humanities courses, and pressure from parents who want their kids to be prepared for good-paying jobs after graduation.

“Are we going to revert back to ‘normal?’ No, we will have a new normal,” said West Virginia University President Gordon Gee in an interview with Stateline. “We are going to be much more oriented toward listening to the people who pay our bills — parents, students, legislators and others. And they very much want to see universities, particularly land grant institutions like ours, become engines of creativity and economic development.”

Many lesser-known public colleges nationwide have begun cutting back on the humanities, but West Virginia University is the “tip of the spear” for flagship state universities, Gee said.

Similar reductions are only expected to grow across the country, particularly in rural areas where campus budgets are lower, enrollments are more likely to be falling, and where the pressure for career-oriented majors may be greater. But critics argue that such changes in emphasis will sap states of intellectual firepower, leaving them with fewer leaders and citizens who are well-rounded.

In West Virginia, the cuts have prompted student demonstrations, a faculty resolution and objections from some lawmakers. Gee is unmoved.

“The budget [deficit] was only an accelerant; it’s change or die,” he said. “We are the first to jump off the cliff. I could make a living from calls from other university presidents to ask, ‘How are you doing it?’ We are having to change. We can no longer be everything to everyone. We’ve got to make choices.”

Other state universities, especially rural ones, are making similar choices. Missouri Western State University has eliminated dozens of majors and minors including English, history, philosophy, political science, economics, sociology, art, Spanish and French. Eastern Kentucky University shut theater programs and economics. The State University of New York at Potsdam is also cutting degree programs, including in art history, dance, French, Spanish and theater.

More cuts could be coming. The Board of Regents for the University of Kansas system announced in June it is reviewing proposals to eliminate programs at the six state universities. The review is meant “to ensure that programs meet student demand, improve student affordability, support Kansas communities and help meet the state’s workforce needs.” A decision is expected in 2024 on which programs to cut or consolidate, said Matt Keith, spokesperson for the Kansas Board of Regents.

Humanities courses such as languages, history, arts and literature are particularly vulnerable nationwide. Schools are more inclined to emphasize business, science, math and technology studies, which could lead to more high-paying jobs.

Students also appear to be turning away from the humanities: Data from the U.S. Department of Education’s National Center for Education Statistics shows that the percentage of bachelor’s degrees conferred by four-year institutions in the humanities dropped from 16.8% of all degrees in the 2010-11 school year to 12.8% in 2020-2021.

State budget reductions and schools’ funding shortfalls also have contributed to cuts, particularly in rural states. State spending on higher education fell in 16 of the 20 most rural states between 2008 and 2018, when adjusted for inflation, according to a Hechinger Report analysis of data from the Center on Budget and Policy Priorities, a research and policy institute that advocates for left-leaning tax policies.

Higher education funding per student declined by more than 30% in Alabama, Louisiana, Mississippi, Oklahoma and Pennsylvania during that period. In Kansas, it went down by nearly 23%.

State budget problems accounted for some of the reductions, but in other cases lawmakers preferred to spend available dollars on roads or K-12 education.

Even when state budgets were flush following a huge outlay of federal funds during the Covid-19 pandemic, many states, including West Virginia, opted for tax cuts rather than investments in higher education. In March, West Virginia Republican Governor Jim Justice signed a law immediately reducing the income tax by an average of 21.25%…

WVU English professor Adam Komisaruk, who also directs graduate studies in the English department, says the larger question is what state universities want to be.

“Is our mission as a university simply to respond to market forces and popular prejudice, and to make educational decisions based on supply and demand? Or are we committed to providing a robust and diverse exposure to modes of thought that will allow our students to become knowledgeable, responsible, ethical engaged members of society?

“If we want to run a vocational training program, fine. But you can’t pretend you are a liberal arts full institution committed not only to our land grant mission to serve the people of the state but also committed to modern ideas of liberal education and broad-based knowledge. You can’t have it both ways.”

Rural students can be particularly affected by university cuts, said Andrew Koricich, executive director for the Alliance for Research on Regional Colleges and an associate professor at Appalachian State University in North Carolina. As West Virginia is a mostly rural state, a higher proportion of its students come from rural areas.

“A lot of states are shifting more toward looking at higher education not just as a public good but as a cost-benefit calculation. Then it becomes a value judgment whether rural students deserve the same education as urban institutions and students,” Koricich said.

Thom Hartmann continues to amaze me, with his steady production of powerful articles. This one is especially important for the readers of this blog, whose primary purpose is to strengthen and protect our public schools.

Thom Hartmann writes:

In 1776, British economist Adam Smith published The Wealth of Nations, a book that laid out the principles that modern economies have operated under for centuries (with the exception of the Reagan Revolution years of 1981-2021). In addition to arguing for a strong domestic manufacturing base and high taxes on the wealthy, Smith pointed out that one of the things that most directly constitutes the wealth of a nation is its educated workforce and well-informed populace (as a result of that education).

From Thomas Jefferson creating the first tuition-free American college (the University of Virginia), to Horace Mann’s advocacy of public schools in the late 19th century, right up until 1954, this was an uncontroversial position. It’s why every developed country on Earth has a vibrant public school system and — with the exception of the US since Reagan ended free college in California — most developed countries offer free or near-free college to their citizens.

But in 1954, the US Supreme Court upset the education apple cart by declaring in their Brown v Board case that “separate but equal” schools, segregated by race, were anything but “equal.” That decision fueled two movements that live on to this day.

The first was the rightwing anti-communist movement spearheaded by the John Birch Society, which was heavily funded back then by Fred Koch, the father of Charles and David Koch. They put up billboards across the country demanding that Americans rise up and “Impeach Earl Warren,” who was then the Chief Justice of the Supreme Court, for requiring “communist” racial integration of our schools.

The second was the private, all-white “academy” movement that has morphed over the years into charter schools and the “school choice” movement of today. It received a major boost when the white supremacist co-founder of neoliberalism, Milton Friedman, published a widely-read and influential article in 1955explicitly calling for what he called “education vouchers” to fund all-white private schools to “solve the national crisis” the Court had created.

In 1958 when the Virginia Supreme Court went along with the US Supreme Court’s Brown v Board decision and ordered that state’s schools desegregated, the governor shut downevery public school in the state. Prince Edward County’s schools were still closed in 1964, when they were finally ordered to open by the courts.

Hundreds of “segregation academies” opened across the South; in Mississippi, for example, 41,000 white students left public schools to attend these academies in just the one year of 1969. Parents had to pay the tuition themselves, but they were willing to do so to avoid their children having to interact with Black, Hispanic, or Asian kids.

The turning point for the Republican Party was 1964, when President Johnson and a Democratic Congress passed and signed into law the Civil Rights Act. Shortly thereafter, one Southern Democratic politician after another changed party affiliation to the GOP so they could continue to argue against “forced integration” of public schools.

The Republican war on public schools burst into the open with the Reagan Revolution, when Education Secretary Bill Bennett oversaw a 30 percent cut in federal aid to public schools following Reagan’s promise to abolish the Department altogether. Every Republican running for president since has made a similar promise or claimed the need to end the Education Department.

Bill Bennett wasn’t shy about explaining why it was necessary to gut public schools, after the Supreme Court had ordered they must be racially integrated. Bennett wanted to privatize public education — as did Trump’s former Education Secretary, billionaire Betsy DeVos — and is probably most famous for his statement that gives us a clue as to why this idea of ending public education is so persistent in the GOP:

“If you wanted to reduce crime,” Bennett said on the radio, “you could, if that were your sole purpose; you could abort every Black baby in this country, and your crime rate would go down.”

LISTEN NOW · 0:17

Could it be that it’s all about keeping white children away from Bennett’s Black babies? Is simple racism what’s animating the GOP’s antipathy toward public education?

One clue is that the idea of ending public education in America goes back even farther than Bennett or Reagan to a single moment and a single court decision. 

When I was born, in 1951, Republicans loved public schools. Republican President Dwight Eisenhower led the charge to build gleaming new public schools all across the United States: I attended one, as did perhaps a majority of my generation.

But then came the Supreme Court, with their Brown v Board decision.

In 1957, President Eisenhower ordered the Little Rock, Arkansas, public schools desegregated. The “Little Rock Nine” — nine Black children trying to desegregate Little Rock Central High School — became nationally famous when Governor Orval Faubus prevented them from entering the school that fall, provoking Eisenhower to call up federal troops to escort the children to class.

Faubus called a referendum — an election — and the good citizens of Little Rock voted 19,470 to 7,561 to shut down their entire school system rather than comply with Eisenhower’s order. That, in turn, led back to the Supreme Court, which, in the fall of 1958, ruled unanimously in Cooper v Aaron that the Brown v Board desegregation order was, in fact, now the law of the land for public education.

In response, whites-only private schools and “academies” began springing up across the nation, many run by all-white churches. (Jerry Falwell tried, in 1966, to open an all-white school; in 1980 he became Reagan’s main advisor on merging the white supremacist faction of evangelical Christians — also triggered by Brown v Board — into the GOP.)

Thus, in 1958 the governor of Virginia closed all the public schools in racially mixed Warren County, Norfolk, and Charlottesville; Prince Edward County’s public schools remained closed for a full five years.

While that’s the foundational history of what has become the GOP’s war on public education, for most of the past 40 years Republicans have merely claimed vague libertarian principles when they try to explain what they ironically call “school choice.”

It wasn’t until Donald Trump gave them permission — and showed them how politically potent it could be — to unleash their inner racists that the GOP went public with overt white supremacy as a core value for the party.

While Critical Race Theory (CRT) was a little-known 1993 analysis of structural racism pioneered by Kimberlé Crenshaw and Derrick Bell taught only in law school, rightwing influencer Christopher Rufo popularized the term with an appearance on Tucker Carlson’s Fox “News” show.

From there, it echoed around the GOP for a few months before catching fire across rightwing hate radio, podcasts, and Fox. Pretty soon white supremacist militia members were showing up at school board meetings threatening members that “we know where you live.”

Republicans anxious to stoke the fears of their white racist base began inveighing against teaching CRT in public schools — even though such a thing had never happened — and passing laws so loosely worded as to bar any meaningful teaching or classroom discussion of America’s racial history.

All-white private schools funded with taxpayer dollars have become the darlings of Republicans. In most cases these schools don’t need to flout the law by declaring their segregated status: Black, Asian, and Hispanic parents most often simply aren’t interested in enrolling their children in schools that proudly proclaim they will not allow a drop of “CRT,” true American history, or real science education in their classrooms.

The issue of privatizing public schools came up in Arizona in 2018 with a statewide ballot initiative that would extend free school vouchers to every student in the state: it was defeated by voters by a 2:1 ratio. Writing for The Arizona Republic, columnist Laurie Roberts was unambiguous in her description of the state’s voters’ horror at the ballot initiative:

“Actually, they didn’t just reject it. They stoned the thing, then they tossed it into the street and ran over it. Then they backed up and ran over it again.”

Republicans in the heavily gerrymandered state, though, didn’t much care about the will of the voters. Appealing exclusively to their white racist “Christian” base, they pushed what was essentially that same proposal through the GOP-controlled state legislature and it was signed into law last year by Republican then-Governor Doug Doocey.

In giving every student in the state the ability to opt out of public education with a taxpayer-funded voucher, Doocey established a new benchmark in the war against racially integrated public schools that was matched this year by Florida, Arkansas, Iowa, and Utah.

Legislation to gut public schools and replace them with vouchers for private schools have failed in six states so far (Georgia, Texas, IdahoVirginiaKentucky, and South Dakota), but Republicans are not letting go. This year voucher bills were introduced in at least 24 states.

The fact that most of the nation’s public school teachers are union members has given Republicans another good reason, in their minds, to do everything possible to destroy public schools. As Trump’s former Secretary of State Mike Pompeo claimedlast year, in the minds of Republicans the American Federation of Teachers’ President Randi Weingarten is “the most dangerous person in the world.”

Republicans also love the fact that voucher programs mostly subsidize upper-income families, while educationally ghettoizing the children of low-income parents. Vouchers almost never cover all the costs of attending a private school, so they primarily serve as a government handout to the mostly upper-middle-class white families who already wanted to send their kids to today’s version of the segregation academies.

Once the public schools are largely dead, Republicans will begin lobbying to “reduce spending” by cutting the amount allocated for the vouchers, locking the emerging two-tier status of publicly funded education into place.

For the moment, though, private schools are a booming industry as a result of the GOP’s embrace of Friedman’s vouchers. In Florida, for example, they have virtually no rules or standards for the over-one-billion-dollars the state shovels into its private schools: while public schools must disclose their graduation rates, how they spend their money, and let anybody examine their curriculum, private academies have no such rules in many Republican-controlled states, even though they’re receiving public monies.

Many private schools across the country operate with untrained and uncertified “teachers,” have no clear standards for graduation, and refuse to teach “controversial” subjects like evolution, climate science, and the racial history of America.

Which brings us to organized religion, the other recipient of big bucks because of the school voucher movement. Schools affiliated with churches are now raking in billions every month across the US, and Republicans — who continue to push for unconstitutional things like mandatory public school prayer — pander daily to fundamentalists who don’t want their kids exposed to science or history.

Six corrupt Republicans on the Supreme Court legalized this practice of shoveling taxpayer funds to churches and religious schools in their notorious Carson v Makin decision last year. As Justice Sonya Sotomayor wrote in her dissent:

[In just five short years this Court has] “shift[ed] from a rule that permits States to decline to fund religious organizations to one that requires States in many circumstances to subsidize religious indoctrination with taxpayer dollars.” This decison “continues to dismantle the wall of separation between church and state that the framers fought to build.”

Which is exactly what the GOP wants. As SenDem recently wrote for Daily Kos:

“Laura Ingraham claimed that ‘a lot of people are saying it’s time to defund government education or at least defund it by giving vouchers to parents.’ Fox’s Greg Gutfeld similarly declared that private school vouchers are needed because public schools are ‘a destructive system’ and described teachers as ‘KKK with summers off.’

“Sen. Marco Rubio of Florida has called public schools ‘a cesspool of Marxist indoctrination.’ Donald Trump declared, ‘public schools have been taken over by the radical left maniacs.’ And Rep. Marjorie Taylor Greene of Georgia called them taxpayer-funded indoctrination centers that need to end, which is a bit ironic since she is the poster child for the necessity of funding public education.”

Sweden has been flirting with libertarianism for a few decades and was the first developed country to offer American-style school vouchers to all kids so they could attend private, for-profit public schools. Just a month ago, their government proclaimed the experiment a disaster and is trying to figure out how to shut down the private schools and re-establish a public education system.

Public schools were the great social and economic leveler for the last century of American history; Republicans want to end that and instead advantage wealthy children over their lower-income peers, particularly those whose skin is darker than Trump’s spray tan.

Public schools (and free college) made it possible for America to produce an explosion of invention and innovation throughout the mid-20th century; now other countries are surpassing us, as the dumbing-down of our kids has become institutionalized in Red state after Red state.

And public schools gave many students their first experience of interacting with people who look different from them and grew up under different circumstances, awakening many young people to the discrimination and unfairness inherent in how America has historically treated minorities.

All of which explains why Republicans so badly want to put an end to public education in America.

Thom Hartmann explains the lies, hoaxes, And scams that Republicans use to deceive middle-income people to vote for them, against their self-interest. He shows how Jeb Bush tilted the election of 2000 in favor of his brother George.

This is a must-read.

Hartmann writes:

The GOP — to keep the support of “average” American voters while they work entirely for the benefit of giant corporations, the weapons and fossil fuel industries, and the morbidly rich — have run a whole series of scams on voters ever since the original Reagan grift of trickle-down economics.

Oddly, there’s nothing comparable on the Democratic side. No lies or BS to justify unjustifiable policies: Democrats just say up-front what they’re all about:

Healthcare and quality education for all. Treat all people and religions with respect and fairness. Trust women to make their own decisions. Raise the pay of working people and support unionization. Get assault weapons off the streets. Do something about climate change. Clean up toxic waste sites and outlaw pesticides that damage children. Replace fossil fuels with renewable energy.

Nonetheless, the media persists in treating the two parties as if they were equally honest and equally interested in the needs of all Americans. In part, that’s because one of the GOP’s most effective scams — the “liberal media bias” scam — has been so successful ever since Lee Atwater invented it back in the early years of the Reagan Revolution.

For example, right now there’s a lot of huffing and puffing in the media about how the Supreme Court might rule in the case of Trump being thrown off the ballot in Colorado. They almost always mention “originalism” and “textualism” as if they’re honest, good-faith methods for interpreting the Constitution when, in fact, they’re cynical scams invented to justify unjustifiable rulings.

Thus, the question: how much longer will Americans (and the American media) continue to fall for the GOP’s scams? 

They include:

— Originalism: Robert Bork came up with this scam back in the 1980s when Reagan appointed him to the Supreme Court and he couldn’t come up with honest or reasonable answers for his jurisprudential positions, particularly those justifying white supremacy. By saying that he could read the minds of the Founders and Framers of the Constitution, Bork gave himself and future generations of Republicans on the Court the fig leaf they needed.

The simple fact is that there was rarely a consensus among the Framers and among the politicians of the founding generation about pretty much anything. And to say that we should govern America by the standards of a white-men-only era before even the industrial revolution much less today’s modern medicine, communications, and understanding of economics is absurd on its face.

— Voter Fraud: This scam, used by white supremacists across the South in the years after the failure of Reconstruction to prevent Black people from voting, was reinvented in 1993, when Bill Clinton and Democrats in Congress succeeded in passing what’s today called the “Motor Voter” law that lets states automatically register people to vote when they renew their driver’s licenses. Republicans freaked out at the idea that more people might be voting, and claimed the new law would cause voter fraud (it didn’t).

By 1997, following Democratic victories in the 1996 election, it had become a major meme to justify purging voting rolls of Black and Hispanic people. Today it’s the justification for over 300 voter suppression laws passed in Red states in just in the past 2 years, all intended to make it harder for working class people, minorities, women, the elderly dependent on Social Security, and students (all Democratic constituencies) to vote.

The most recent iteration of it is Donald Trump‘s claim that the 2020 election, which he lost by fully 7 million votes, was stolen from him by voter fraud committed by Black people in major cities.

As a massive exposé in yesterday’s Washington Post titled “GOP Voter-Fraud Crackdown Overwhelmingly Targets Minorities, Democrats” points out, the simple reality is that voter fraud in the US is so rare as to be meaningless, and has never, ever, anywhere been documented to swing a single election. 

But Republicans have been using it as a very effective excuse to make it harder for Democratic voters to cast a ballot, and to excuse their purging almost 40,000,000 Americans off the voting rolls in the last five years.

Right To Work (For Less): back in the 1940s, Republicans came up with this scam. Over the veto of President Harry Truman, they pushed through what he referred to as “the vicious Taft-Hartley Act,” which lets states make it almost impossible for unions to survive. Virtually every Red state has now adopted “right to work,” which has left their working class people impoverished and, because it guts the political power of working people, their minimum wage unchanged.

— Bush v Gore: The simple reality is that Al Gore won Florida in 2000, won the national popular vote by a half-million, and five Republicans on the Supreme Court denied him the presidency. Florida Governor and George W. Bush’s brother Jeb had his Secretary of State, Kathryn Harris, throw around 90,000 African Americans off the voting rolls just before the election and then, when the votes had come in and it was clear former Vice President Al Gore had still won, she invented a new category of ballots for the 2000 election: “Spoiled.”

As The New York Times reported a year after the 2000 election when the consortium of newspapers they were part of finally recounted all the ballots:

“While 35,176 voters wrote in Bush’s name after punching the hole for him, 80,775 wrote in Gore’s name while punching the hole for Gore. [Florida Secretary of State] Katherine Harris decided that these were ‘spoiled’ ballots because they were both punched and written upon and ordered that none of them should be counted.

“Many were from African American districts, where older and often broken machines were distributed, causing voters to write onto their ballots so their intent would be unambiguous.”

George W. Bush “won” the election by 537 votes in Florida, because the statewide recount — which would have revealed Harris’s crime and counted the “spoiled” ballots, handing the election to Gore (who’d won the popular vote by over a half-million) — was stopped when George HW Bush appointee Clarence Thomas became the deciding vote on the Supreme Court to block the recount order from the Florida Supreme Court.

Harris’ decision to not count the 45,599 more votes for Gore than Bush was completely arbitrary; there is no legal category and no legal precedent, outside of the old Confederate states simply refusing to count the votes of Black people, to justify it. The intent of the voters was unambiguous. And the 5 Republicans on the Supreme Court jumped in to block the recount ordered by the Florida Supreme Court (in violation of the 10th Amendment) just in time to prevent those “spoiled” votes from being counted, cementing Bush’s illegitimate presidency.

— Money is “Free Speech” and corporations are “persons”: This scam was invented entirely by Republicans on the Supreme Court, although billionaire GOP donors — infuriated by campaign contribution and dark money limits put into law in the 1970s after the Nixon bribery scandals — had been funding legal efforts to get it before the Court for years.

In a decision that twists logic beyond rationality, the five Republicans on the Court — over the strong, emphatic objections of all the Democrats on the Court — ruled that our individual right to free speech guaranteed in the First Amendment also includes the “right to listen,” as I lay out in detail in The Hidden History of the Supreme Court and the Betrayal of America and they wrotein Citizens United:

“The right of citizens to inquire, to hear, to speak, and to use information to reach consensus is a precondition to enlightened self-government and a necessary means to protect it.”

Without being able to hear from the most knowledgeable entities, they argued, Americans couldn’t be well-informed about the issues of the day.

And who was in the best position to inform us? As Lewis Powell himself wrote in the Bellottidecision, echoed in Citizens United, it’s those corporate “persons”:

“Corporations and other associations, like individuals, contribute to the ‘discussion, debate, and the dissemination of information and ideas’ that the First Amendment seeks to foster…”

“Political speech is ‘indispensable to decision-making in a democracy, and this is no less true because the speech comes from a corporation rather than an individual.’ … The inherent worth of the speech in terms of its capacity for informing the public does not depend upon the identity of its source, whether corporation, association, union, or individual.”

They doubled down, arguing that corporations and billionaires should be allowed to dump unlimited amounts of money into the political campaigns of those politicians they want to own so long as they go into dark money operations instead of formal campaigns. What was called “bribery” for over 200 years is now “free speech”:

“For the reasons explained above, we [five Republicans on the Supreme Court] now conclude that independent expenditures, including those made by corporations, do not give rise to corruption or the appearance of corruption.”

— Cutting taxes raises revenue: As Nobel Prize-winning economist Paul Krugman notes, the idea promoted by Reagan, Bush, and Trump to justify almost $30 trillion in cumulative tax cuts for billionaires and giant corporations is “The Biggest Tax Scam in History.”

Reagan first pitched this to justify cutting the top income tax rate on the morbidly rich from 74% down to 25% in the 1980s, and it was reprised by both George W. Bush and Donald Trump for their own massive tax breaks for their well-off donors and peers.

The simple fact is that America went from a national debt of over 124% of GDP following World War II to a national debt of a mere $800 billion when Reagan came into office. We’d been paying down our debt steadily, and had enough money to build the interstate highway system, brand new schools and hospitals from coast to coast, and even to put men on the moon.

Since Reagan rolled out his tax scam, however, our national debt has gone from less than a trillion in 1980 to over 30 trillion today: we’re back, in terms of debt, to where we were during WWII when FDR raised the tippy-top bracket income tax rate to 90% to deal with the cost of the war. We should be back to that tax rate for the morbidly rich today, as well.

— Destroying unions helps workers: In their eagerness to help their corporate donors, Reagan rolled out a novel idea in 1981, arguing that instead of helping working people, corrupt “union bosses” were actually ripping them off.

Union leaders work on a salary and are elected by their members: the very idea that they, like CEOs who are compensated with stock options and performance bonuses and appointed by their boards, could somehow put their own interests first is ludicrous. Their only interest, if they want to retain their jobs, is to do what the workers want.

But Reagan was a hell of a salesman, and he was so successful with this pitch he cut union membership in America during his and his VP’s presidency by more than 50 percent.

— Corporations can provide better Medicare than the government: For a corporation to exist over the long term, particularly a publicly-traded corporation, it must produce a profit. That’s why when George W. Bush and friends invented the Medicare Advantage scam in 2003 they allowed Advantage providers to make as much as 20 percent in pure profit.

Government overhead for real Medicare is around 2% — the cost of administration — and corporations could probably run their Advantage programs with a similar overhead, but they have to make that 20% profit nut, so they hire larger staffs to examine every single request to pay for procedures, surgeries, tests, imaging, and even doctors’ appointments. And reject, according to The New York Times, around 18% of them.

“Advantage plans also refused to pay legitimate claims, according to the report. About 18 percent of payments were denied despite meeting Medicare coverage rules, an estimated 1.5 million payments for all of 2019.”

When they deny you care, they make money. If they ran like real Medicare and paid every bill (except the fraudulent ones), they’d merely break even, and no company can do that. Nonetheless, Republicans continue to claim that “choice” in the marketplace is more important than fixing Medicare.

With the $140 billion that for-profit insurance companies overcharge us and steal from our government every year, if Medicare Advantage vanished there would be enough money left over to cut Medicare premiums to almost nothing and add dental, vision, and hearing. But don’t expect Republicans to ever go along with that: they take too much money from the insurance industry (thanks to five corrupt Republicans on the Supreme Court).

— More guns means more safety: Remember the NRA’s old “The only way to stop a bad guy with a gun is a good guy with a gun”? They’re still at it, and there’s hardly a single Republican in America who will step up and do anything about the gun violence crisis that is uniquely experienced by our nation.

Bullets are now the leading cause of death among children in the US, and we’re literally the only country in the entire world for which that is true. And a child living in Red state Mississippi is ten times more likely to die from a gun than a child in Blue state Massachusetts. But as long as the NRA owns them, Republicans will never do anything about it.

— The media has a liberal bias: This canard was started by Lee Atwater in an attempt to “work the refs” of the media, demanding that they stop pointing out the scams Republicans were engaging in (at the time it was trickle-down). The simple reality is that America’s media, from TV and radio networks to newspapers to websites, are overwhelmingly owned by billionaires and corporations with an openly conservative bent.

There are over 1500 rightwing radio stations (and 1000 religious broadcasters, who are increasingly political), three rightwing TV networks, and an army of tens of thousands of paid conservative activists turning out news releases and policy papers in every state, every day of the year. There are even well-funded social media operations.

There is nothing comparable on the left. Even MSNBC is owned by Comcast and so never touches issues of corporate governance, media bias (they fired Brian Stelter!), or the corruption of Congress by its big pharma and Medicare Advantage advertisers.

— Republicans are the party of faith: Republicans claim to be the pious ones, from Mike Johnson’s creepy “chastity ball” with his daughter, to their hate of queer people, to their embrace of multimillionaire TV and megachurch preachers. But Democrats, who are more accepting of people of all faiths and tend not to wear their religion on their sleeves, are the ones following Jesus’ teachings.

Jesus, arguably the founder of Christianity, was emphatic that you should never pray in public, do your good deeds in private as well, and that the only way to get to heaven is to feed the hungry, house the homeless, heal the sick, and love every other human as much as you love yourself.

Republicans, on the other hand, wave their piety like a bloody shirt, issue press releases about their private charities, and fight every effort to have our government feed the hungry, house the homeless, heal the sick, or even respect, much less love, people who look or live or pray differently from them.

— Crime is exploding and you’re safer living in an area Republicans control: In fact, crime of almost all sorts is at a low not seen since 1969. Only car thefts are up, and some of that appears to have to do with social media “how to” videos and a few very vulnerable makes of autos.

New FBI statistics find that violent crime nationwide is down 8 percent; in big cities it’s down nearly 15 percent, robbery and burglary are down 10 and 12 percent respectively. 

But what crime there is is overwhelmingly happening in Red states. Over the past 21 years, all types of crime in Red states are 23 percent higher than in Blue states: in 2020, murder rates were a mind-boggling 40 percent higher in states that voted for Trump than those Biden carried.

— Global warming is a hoax: Ever since fossil fuel billionaires and the fossil fuel industry started using the legal bribery rights five corrupt Republicans on the Supreme Court created for them, virtually every Republican politician in the nation is either directly on the take or benefits indirectly from the massive infrastructure created by the Koch brothers and other fossil fuel barons. As a result, it’s almost impossible to find even one brave, truthful Republican who’s willing to do anything about the climate crisis that is most likely to crash not just the US but civilization itself.

— Hispanic immigrants are “murderers and rapists”: Donald Trump threw this out when he first announced his candidacy for president in 2015, saying, “They are bringing drugs. They are bringing crime. They’re rapists.” In fact, Hispanic immigrants (legal or without documentation) are far less likely, per capita and by any other measure, to commit crime of any sort than white citizens.

— Helping people makes them lazy. The old Limbaugh joke about “kicking people when they’re down is the only way to get them up” reveals the mindset behind this Republican scam, which argues that when people get money or things they didn’t work for it actually injures them and society by making them lazy. The GOP has used this rationalization to oppose everything from unemployment insurance in the 1930s to food stamps, Medicaid, and housing supports today.

In fact, not only is there no evidence for it, but studies of Universal Basic Income (UBI), where people are given a few hundred dollars a month with no strings attached, finds that the vast majority use the extra funds to improve themselves. They upgrade their housing, look for better jobs, and go back to school.

If the morbidly rich people behind the GOP who promote this scam really believed it, they’d be arguing for a 100% estate tax, to prevent their own children from ending up “lazy.” Good luck finding any who are leaving their trust-fund kids destitute.

— Tobacco doesn’t cause cancer: Back in 2000, soon-to-be Indiana Governor and then-Congressman Mike Pence wrote a column that was published statewide saying, “Despite the hysteria from the political class and the media, smoking doesn’t kill.” Pence’s family had made money off tobacco for years with a small chain of now-bankrupt convenience stores called “Tobacco Road,” but he was also being spiffed by the industry.

Similarly, George W. Bush pushed the “Healthy Forests Initiative” as president after big contributions from the timber industry: “healthy” meant “clear cut.” Bush also had his “Clear Skies Initiative” that let polluters dump more poison into our air. And the Trump administration, after big bucks and heavy lobbying from the chemical and Big Ag industries, refused to ban a very profitable pesticide used on human food crops that was found to definitely cause brain damage and cancer in children.

— For-profit utilities produce cheaper and more reliable electricity than government-owned and -run ones: This one goes back to the Reagan era, with Republicans arguing that the “free market” will always outperform government, including when it comes to generating and distributing electricity. In fact, each of us has only one wire coming into our homes or offices, so there is no possible competition to drive either improved performance or lower prices among for-profit utilities.

In fact, non-profit community-owned or government run utilities consistently produce more reliable electricity, serve their customers better, and charge lower prices. And the differences have become starker every year since, in 1992, President GHW Bush ended federal regulation of electric utilities. It’s why Texas, which has almost completely privatized its power grid, suffers some of the least reliable and most expensive electricity in the nation when severe weather hits.

— The electoral college protects our democracy: There was a time when both Democrats and Republicans wanted to get rid of the Electoral College; a constitutional amendment to do that failed in Congress by a single vote back in 1970. But after both George W. Bush and Donald Trump lost the White house by a half-million and three million votes respectively but ended up as president anyway, Republicans fell newly in love with the College and are fully planning to use it again in 2024 to seize power even if ten million more people vote for Biden this time (Biden won by 7 million votes in 2020).

This is just the tip of the iceberg.

Republicans are now defending billionaires buying off Supreme Court justices and most recently Lever News found that they’ve been spiffing over 100 other federal judges — who regularly vote in favor of the interests of corporations and the morbidly rich — in addition to Alito, Thomas, Roberts, et al.

Republicans are also claiming that:

— Trump isn’t a threat to our democracy and his promises to be a dictator are “mere hyperbole.” 
— Letting Putin take Ukraine won’t put Taiwan and other democracies at risk.
— Ignoring churches routinely breaking the law by preaching politics while enjoying immunity from taxes is no big deal. 
— Massive consolidation to monopoly levels across virtually every industry in America since Reagan stopped enforcement of our anti-trust laws (causing Americans to pay an average of $5,000 a year more for everything from broadband to drugs than any other country in the world) is just the way business should be run.
— Teaching white children the racial history of America will make them feel bad, rather than feel less racist and more empathetic. 
— Queer people are groomers and pedophiles (the majority in these categories are actually straight white men).
— Banning and burning books is good for society and our kids.
— Ending public schools with statewide voucher programs will improve education (every credible study shows the opposite).

I could go on, but you get the point. When will America — and, particularly, American media — wake up to these scams and start calling them out for what they are?

I’m not holding my breath, although you could help get the ball rolling by sharing this admittedly incomplete list as far and wide as possible.

David Sirota’s blog “The Lever” reports that New York may tax two unusually rich private universities—New York University and Columbia University—for the benefit of the city’s underfunded public universities. This would be a bonanza for the City University of New York. There’s a long road ahead, and you can be sure that NYU, Columbia, and their powerful trustees will fight against taxation. As in the prior post, this piece was written by Katya Schwenk.

No More Private U Tax Breaks

Columbia and New York University (NYU) may lose hundreds of millions in property tax breaks under a new plan put forward by New York lawmakers, and the resulting new tax revenue would instead go towards New York City’s public university system.

The uber-rich private universities — both of which have endowments in the billions — pay virtually no property taxes despite being some of New York City’s largest landowners, thanks to tax breaks from the state. Columbia and NYU combined own more than 400 properties, worth over $7 billion in total. An investigation by the New York Times and the Hechinger Report in September found that the two schools together save $327 million a year thanks to the state’s tax breaks, and noted that the millions the universities spend on lobbying help them maintain such a favorable system.

On Tuesday, state lawmakers unveiled a package of legislation that aims to change this. The two bills would end property tax breaks for any private universities in New York that would owe more than $100 million in property taxes. The new tax money would be given to the City University of New York, which is facing a budget squeeze, and narrowly avoided devastating cuts to its colleges and programs this year.

Enacting the proposal will likely be a long road: The proposal will require a change to New York’s constitution, which means the issue will ultimately come before voters in a referendum. Yet its advocates say such a plan to change the tax breaks, which have stood for more than a century, is far overdue. The universities, said New York assemblyman Zohran Mamdani, the bills’ sponsor, have “gone beyond primarily operating as institutions of higher education and are instead acting as landlords and developers.”