Archives for category: Civil Rights

Seventeen high school students in Georgia marked the 70th anniversary of the Brown decision by writing an article calling on the state’s political leaders to fully fund public schools, instead of funding vouchers. They are members of the Georgia Youth Justice Coalition.

They wrote in the Atlanta Journal-Constitution:

As young Georgians, we share the belief that all children should have the freedom to pursue their dreams and that our futures depend on receiving a great education. To get there, we must equip every public school with the resources to deliver a quality education for every child, no matter their color, their ZIP code or how much money their parents make.

Unfortunately, we find ourselves in yet another moment of massive resistance to public education with increasingly aggressive efforts on behalf of the state of Georgia to privatize our public schools and return us to a two-tiered system marked by racial segregation. As public school students in high schools across Georgia, we believe that the 70th anniversary of Brown v. Board of Education is not just a cause for celebration but an invitation to recommit ourselves to the promise of a public education system that affirms an essential truth: Schools separated by race will never be equal.

Even as our country celebrates the anniversary of Brown this month, we know that our state actively worked to obstruct desegregation, which did not meaningfully take place for another 15 years. Seven years after the Supreme Court’s ruling that separating children in public schools on the basis of race was unconstitutional, the Georgia General Assembly revoked its school segregation law in 1961. Another 10 years later, a court-ordered desegregation plan finally took effect — in 1971.

In 2024, educators across Georgia, from Albany to Atlanta, from Valdosta to Vinings, from Dalton to Dublin, and everywhere in between, are working hard to provide students like us with a quality education, empowering us to build a brighter future in Georgia for all. Yet politicians in the Georgia Capitol seem dedicated to resegregating and privatizing our public schools by taking tax dollars meant to support all of the students in our communities and giving it to unaccountable voucher programs that favor the wealthiest few.

The long and shameful history of vouchers is something that politicians who forced them to become law this year don’t want us to know. In many cities, public education funding was funneled to private “segregation academies” where white children received better resources than children of color. Instead of making our public schools stronger and moving us all forward together, these politicians are defunding our public schools by more than $100 million and working to drag us backward to the days when Georgia was still resisting court-ordered desegregation.

We want our leaders to get serious about what works: fully funding our public schools so that we can improve our neighborhood schools. That’s where 1.7 million public school students in Georgia learn and grow, and where we all can have a say. Research all across the country shows that voucher programs will not improve student outcomes in Georgia, but we know what will best serve students.

Young Georgians like us need investments in our public schools so we have the opportunity to learn and thrive. Gov. Brian P. Kemp has $16 billion of unspent public funds — enough to cover the costs of funding our schools and investing in our communities. Georgia has one of the highest overall rates of child poverty in the nation. Yet our state is one of only six states that provides schools with no specific funding to support children living in poverty. By refusing to give our schools what they need, we are setting our schools and our students up for failure.

Politicians brag about Georgia’s teachers being among the highest paid in the South even though they know they have created a crisis around public education that puts our teachers, our parents and students like us in an impossible position. Right now, nearly every school district in Georgia operates with a waiver to avoid adhering to classroom size restrictions because they cannot afford to hire enough teachers. And though the American School Counseling Association recommends a counselor-to-student ratio of 1:250, Georgia mandates a counselor-to-student ratio of 1:450 students. Many schools cannot even meet that ratio because of a lack of funding. All of that is by design because politicians have refused to update Georgia’s school funding formula for nearly 40 years.

This year, as we celebrate 70 years since Brown v. Board of Education, we invite every Georgian to join us in our call for fully funded neighborhood public schools so that every Georgia student has an inviting classroom, a well-rounded curriculum, small class sizes and the freedom to learn.

The writers are members of the Georgia Youth Justice Coalition. Nia G. Batra is a sophomore at Decatur High School. Hunter Buchheit is a senior at Walton High School. Ava Bussey is a senior at Marietta High School. Keara Field is a senior at McDonough High School. Saif Hasan is a junior at Lambert High School. Jessica Huang is a senior at Peachtree Ridge High School. Shivi Mehta is a junior at the Alliance Academy for Innovation. Bryan Nguyen is a senior at the Gwinnett School of Mathematics, Science, and Technology. Rhea Sethi is a senior at North Gwinnett High School. Maariya Sheikh is a senior at Campbell High School. Harrison Tran is a junior at Jenkins High School. Sharmada Venkataramani is a sophomore at South Forsyth High School. Thomas Botero Mendieta is a junior at Archer High School. Kennedy Young is a senior at Campbell High School.

Steve Suitts wrote an important essay on the continuity between the “school choice” movement of today and its roots in the fight against the Brown decision in the 1950s.

Charter schools and vouchers are not innovative. Their most predictable outcome is not “better education,” but segregated schools.

Suitts’ essay delves into the issue, state by state. I encourage you to open the link and read it in full. I skipped over large and important sections. Read them.

He begins:

Overview

On the seventieth anniversary of Brown v. Board of Education—the US Supreme Court decision outlawing racial segregation in the nation’s public schools—Steve Suitts reveals an emerging, seismic shift in how southern states in the United States are leading the nation in adopting universal private school vouchers. Suitts warns that this new “school choice” movement will reestablish a dual school system not unlike the racially separate, unequal schools which segregationists attempted to preserve in the 1960s using vouchers.

INTRODUCTION

On the seventieth anniversary of Brown v. Board of Education, which outlawed racial segregation in the nation’s public schools, the states of the southern US are pushing to reestablish publicly financed, dual school systems—one primarily for higher-income and white children and the other primarily for lower-income and minority children. This seismic shift in how states fund K–12 education through universal vouchers isn’t confined to the South. But it is centered among the states that once mandated racially separate, unequal schools and where segregationists in the 1960s attempted to use private school vouchers to evade the watershed US Supreme Court decision.

More than thirty-five states have created voucher programs to send public dollars to private schools. At least nineteen, including most in the South, have adopted or are on a path to enact legislation making state-funded “Educational Savings Accounts” (ESAs)—the newest type of voucher approach—available to all or most families who forego public schools. These families can use the funds to send their children to almost any K–12 private school, including home-schooling, or purchase a wide range of educational materials and services, such as tutoring, summer camps, and counseling. 

In recent times, private school vouchers were pitched to the public for the purpose of giving a targeted group of disadvantaged children new educational options, but legislatures are now expanding eligibility and funding for vouchers to include advantaged students. By adopting universal or near universal eligibility for ESAs, states will be obligating tens of billions of tax dollars to finance private schooling while creating a voucher system for use by affluent families with children already attending or planning to attend private school.

States are rushing to enact ESAs while they still have the last of huge federal COVID appropriations to distribute among public schools. This timing allows ESAs’ sponsors—Republican legislative leaders and governors—to entice once-reluctant, rural legislators to support vouchers. It also camouflages the severe fiscal impact this scheme will have on routinely underfunded public schools after the special federal funds run out.

The states adopting ESAs are also structuring this emerging, publicly funded, dual system so that private schools and homeschooling remain free of almost all regulations, academic standards, accountability, and oversight. These sorts of rules and regulations are always imposed by state legislatures on public schools and are understood as essential to protect students and to advance learning. Even as legislatures are adding restrictive laws on how local public schools teach topics involving race, sex, ethnicity, and gender they are providing new state funding for private schools and home-schooling that will enable racist, sexist, and other bigoted teaching.

If state legislatures succeed in establishing and broadening this dual, tax-funded system of schools, the tremors will transform the landscape of US elementary and secondary education for decades to come. Calling for “freedom of choice,” a battle cry first voiced by segregationists who fought to overturn the Brown decision,1 predominantly white Republicans will take states back to a future of separate and unequal education.

THE UNIVERSAL VOUCHER SYSTEM

By the seventieth anniversary of Brown, five states (Alabama, Arkansas, Florida, Georgia, and North Carolina) have enacted ESA programs that allow all or a vast majority of families with school-age children to send their children to private schools with state funds that equal or closely match the states’ per pupil expenditures for public schools. South Carolina adopted a “pilot” ESA last year, and a bill making its program permanent has already passed one chamber. The lower house of the Louisiana legislature passed a bill for a statewide universal ESA program to start next year, but the state senate is likely to delay adoption for another year to confirm estimated costs. Both states have governors who are likely to push adoption again next year.2

The Tennessee legislature adjourned in April without passing either of two pending universal ESA bills—only because Governor Bill Lee and legislative leaders failed to agree on which voucher bill to enact. They vow to pass legislation next session. In Texas, Governor Greg Abbott used campaign funds from a Pennsylvania billionaire in the state’s Republican primary to defeat a handful of legislators who blocked his ESA bill last year. Abbott expects to defeat the two remaining state house members who failed to vote for his legislation—giving him the number he needs to pass his bill, while sending a political message that will keep his supporters in line…3

The historical context is shameful. Five of the southern states that now have universal vouchers also enacted open-ended vouchers in the 1960s—attempting to defeat Brown’s mandate for school desegregation. All but three of the states that have already embraced publicly financed ESAs were the only states authorizing segregated public schools on the eve of the Supreme Court’s decision.9

The fiscal impact of this rush to fund private schooling will be devastating to public schools. In 2018, all fifty states allocated $2.6 billion to finance private school vouchers. In 2021, legislatures increased the total amount to $3.3 billion and more recently to over $6 billion. If the eleven southern states enact the bills currently adopted or pending in their legislatures, their total funding for vouchers will be as much as $6.8 billion in 2025–26 and, according to independent estimates, as much as $20 billion for private schooling in 2030. This sum would equal the total state funds to public schools among six southern states in 2021.10

In 1950, about 400,000 students in the South attended private schools. By 2021-22, the number of private school students was about 1.8 million.

In 2021-22, 38.9% of white students attended public schools, and 63% enrolled in private schools.

AS VOUCHERS SPREAD, BROWN’S PROMISE DIES

During the last seventy years, the nation’s public schools have struggled in meeting the promise of Brown, despite clear proof that racially integrated, well-funded schools improve outcomes for Black children.39 This promise has been especially important to the South, where the states’ first education laws prohibited Black persons from being taught to read or write; where racially segregated schools offered children of color an inferior education across more than a half century. Due to stubborn, racially defined housing patterns, increasing class disparities, adverse, even hostile Supreme Court decisions, a lack of local, interracial community support, and, as recent research confirms, the growth of school choice, public schools continue to face far too many hurdles in providing all children with a good education.40

The South’s new dual school system renounces and annuls the mandates and hopes of Brown v. Board of Education. As universal vouchers spread, Brown’s promise dies. By their design, vouchers are an abandonment of Brown’s goal of equality of educational opportunity.

Reestablishing a dual school system will damage the prospects of a good education for all who attend public schools—not just low-income and minority children. The southern states were not able to finance two separate school systems during the era of segregation, even though Black students received a pittance of funding. Today that inability remains. The South continues to be far behind the rest of the nation in state and local funding of public schools. The new schemes of universal Education Savings Account vouchers will exacerbate the lack of sufficient funds for all except those higher-income families whose school-age children can attend private schools or home-schools and enjoy the enhancements and enriching experience that vouchers will subsidize.

Parents, grandparents, and others who support public schools and the democratic promise of public education must raise our voices against this reactionary movement and in furtherance of the importance of public schools. Like democracy itself, public schools may be the worst system for delivering all children an equal opportunity for a good education—except for all the others. We must not betray or abandon public education if we are committed to the democratic goal of a more perfect union and a good society for all. 

To Attend

Topic: Virtual House Party for Jitu Brown
Time: May 13, 2024 05:00 PM Central Time (US and Canada)

Join Zoom Meeting
https://us06web.zoom.us/j/82630667170?pwd=tB1A9KkDg8a9DXKgbBonCgqlRmUApU.1

Meeting ID: 826 3066 7170
Passcode: JITU!

Jitu Brown is running for the new school board in Chicago. Please join me for a virtual house party Monday, today, at 6 p.m. CST, 7 p.m. EST.

I have known and admired Jitu Brown for over a decade. Jitu has had a profound influence on my thinking. Jitu is one of my heroes and one of my teachers.

For years, Jitu has fought for great neighborhood public schools in Chicago, even putting his health on the line by engaging in a hunger strike to keep Dyett High School open when then-Chicago mayor Rahm Emmanuel attempted to shut it down. 

Jitu is not only an extraordinary warrior for educational justice and equity in Chicago but also the leader of a national organization, Journey for Justice, that networks public school advocates in all of our major cities fighting for excellent and equitable public schools.  For years, Jitu served as a member of the NPE Action Board.

One of Jitu’s causes, fighting to restore elected local control of Chicago’s public schools, has now been realized. 

I am delighted that Jitu is running for a seat on the newly formed local school board, representing the 5thDistrict Seat on the West Side of Chicago. However, to gain that seat he will need our help. 

 I am asking that you join me in supporting Jitu’s campaign by attending a virtual house party for Jitu this Monday, May 13, beginning at 7:00 pm EST./6 pm CST. The link to this important event is below. I hope to see you there!

 Virtual House Party for Jitu Brown (Chicago’s 1st Elected School Board!)

Time: Monday, May 13, 2024 06:00 PM Central Time (US and Canada) Join Zoom Meeting. 7 p.m. EST

https://us06web.zoom.us/j/82630667170?pwd=tB1A9KkDg8a9DXKgbBonCgqlRmUApU.1 (https://us06web.zoom.us/j/82630667170?pwd=tB1A9KkDg8a9DXKgbBonCgqlRmUApU.1) Meeting ID: 826 3066 7170 Passcode: JITU!

Michael Tomasky came up with an interesting thought. Writing in The New Republic, he speculated on what Joe Biden could accomplish if the Supreme Court rules that Presidents have absolute immunity for anything they do in their official capacity. Time for Dark Brandon!

During last week’s oral arguments in United States v. Trump, it sure sounded like there might be five Supreme Court justices willing to conclude that a president should indeed have lifetime immunity from legal reprisal for official acts committed as president. This prospect is terrifying because it would hand a President Trump a nearly blank check to do anything he wants—to the Constitution, to his political opponents, to the executive branch—and there will be no way to stop him unless 67 votes emerge in the Senate to convict him of high crimes and misdemeanors and remove him from office, which seems a near impossibility, given Republicans’ excessive fealty to and fear of the man and his movement.

But then it occurred to me over the weekend: Well, wait a second. Donald Trump isn’t president. Joe Biden is. And if presidential immunity for official acts were to apply to a future President Trump, would it not also apply to current President Biden?

Of course it would. And I hope that fact has them doing some thinking in the Biden White House. Democrats should drive the point home to Republicans and the nation that two can play this game.

What “official acts” might Biden undertake once Samuel Alito, Clarence Thomas, Neil Gorsuch, Bret Kavanaugh, and possibly John Roberts declare him to be above the law? Well, let’s have some fun here.

Let’s start with the Supreme Court itself. Biden could wake up one day and announce that the court should have 13 members, or 15, and he could set about appointing the new associate justices and doing his best to ram them through the Senate, offering Joe Manchin trillions in economic development for West Virginia to secure the retiring senator’s support, between now and Election Day.

Politically risky? Sure. But maybe not as politically risky as most pundits would assume—and not nearly as costly to the republic as the things Trump is contemplating doing. Remember, the Constitution calls for no set number of justices. Biden would be within even his pre-immunity rights to try to change it. Two polls came out last fall asking respondents whether they’d favor court expansion, and the affirmative view prevailed in both: It was 54-46 in one, and 44-35 (with 22 percent having no opinion) in the other. That looks like a winnable political fight to me.

Biden would need only to make two arguments. Number one, this court delegitimized itself when it took away a half-century-old right, the right to a safe and legal abortion, in the Dobbs ruling. Every one of the justices who voted to strip that right away from women vowed in his or her confirmation hearing about their deep respect for precedent. They all lied. Number two, this very court gave me the power to do this! I’m only doing what this very Supreme Court just ruled a president was within his rights to do.

Okay. We all know Biden is not going to do that. He’s too respectful of tradition, and Democrats are too fearful of the right-wing noise machine, which would kick into an unprecedented outrage gear if Biden actually tried to make use of the tools the Supreme Court just handed him.

But here’s my point. If this court were to give presidents a grant of immunity for official acts, Biden should most certainly use the occasion to play some hardball. Make some threats about what he might do with this power. Get the American public thinking about some things they just don’t think about enough, leading public opinion in the direction of reforming aspects of our democratic system that badly need reform.

Take the Electoral College. Democrats have won seven of the last eight presidential elections, in popular vote terms, but this archaic and reactionary system that was put into place to give presidential candidates from slaveholding states an advantage has helped elect two Republicans who lost the popular vote.

I don’t think Biden should just unilaterally end the Electoral College—although, if he had immunity for all official acts, he could certainly give it a whirl, let conservatives bring a civil lawsuit, and see what his new 13-member Supreme Court thinks of the idea.

Less audaciously, he could certainly find some legal way to put an end to all these MAGA-driven attempts to seat alternate electors in states whose outcomes they dispute, which they did in seven states in 2020 and by all accounts are preparing to do again this year. Yes, the GOP-led House would impeach him, but so what? There’d never be 67 votes in the Senate to convict. And as with court expansion, if it were clear that he had really won the disputed states, public opinion would be on Biden’s side, and he’d have pushed the Overton window dramatically in the direction of eventual abolition of the Electoral College.

Okay, this, too, is a little out there for Biden. More seriously, he could use an immunity grant to issue a series of rulings and orders that would be aimed toward two ends: one, shoring up some of his policy decisions against the inevitable Trump reversals should Trump be elected, and two, preemptively making it harder for Trump to do some of the things that the infamous Project 2025 pledges he will do.

On the former, for example, the Biden administration could undertake a number of administrative moves on the civil rights and labor fronts to make it harder for Trump to undo what Team Biden has done. And on the latter, Biden can find a way to make it basically impossible for Trump to implement his so-called Schedule F plans, under which Trump would give himself the authority to fire more federal workers and replace them with lackeys. And that’s just for starters. With immunity for official acts, Biden could preemptively defang a lot of what promises to be undemocratic and authoritarian about a Trump second term.

Of course, the Supreme Court might not even issue a ruling on immunity. It might just remand it back to the Washington, D.C., appeals court that ruled in February that Citizen Trump was not immune from prosecution—that is, the high court’s real intent may just have been to delay the prosecution of Trump on January 6 insurrection charges, not to shield him from prosecution.

But I hope we’ve all learned by now never to underestimate the cynical perfidy of this court majority. They may well limit presidential immunity, thinking they’re helping Trump remake the country in his fascist fashion. They’ll calculate that the old institutionalist Biden would never use his new powers in the closing months and weeks of his term. It would be delicious to see him prove them wrong.

Robert Hubbell summarizes Trump’s goals, as he explained them to TIME magazine in an interview. They sound remarkably fascistic. All power to the imperial President. No checks or balances. Remember and ask yourself: is this the country we want to live in? I suppose we should be glad that Trump is turning 80 this year. With any luck, he won’t have time to abolish the Constitution and make himself President-for-life.

Hubbell writes:

On a day of many important stories, the most important news came from Donald Trump’s interview with Time Magazine. See Donald Trump on What His Second Term Would Look Like | TIME. In the interview, Trump confirmed that he will attempt to exercise dictatorial powers in a second term.

We have been warned.

We ignore Trump’s threats at our peril and the peril of our democracy.

In describing his fever dream of autocratic powers, Trump said he would take (or allow) the following actions:

  • Allow states to monitor the pregnancies of women to ensure they comply with abortion bans (a grotesque violation of liberty, privacy, and dignity).
  • Fire US attorneys who refuse to prosecute defendants targeted by Trump (a violation of US norms dating to the creation of the Department of Justice).
  • Initiate mass deportations of alleged illegal immigrants using the US military and local law enforcement (neither of which are authorized to enforce US immigration law).
  • Pardon insurrectionists who attacked the Capitol on January 6.
  • Prosecute President Biden (for unspecified and non-existent crimes).
  • Deploy the National Guard to cities and states across America—likely those with predominately Democratic populations (presumably under the Insurrection Act, a deployment would violate the terms of the Act and implementing regulations).
  • Withhold funds from states in the exercise of his personal discretion (a violation of the Impoundment Control Act of 1974).
  • Abandon NATO and South Asian allies if he feels the countries are not paying enough for their own defense.
  • Shutter the White House pandemic-preparedness office.
  • Fire tens (hundreds?) of thousands of civil servants and replace them with Trump acolytes with dubious qualifications (other than loyalty to Trump).

Most readers of this newsletter understand the seriousness of Trump’s threats and are working tirelessly to prevent a second Trump term. But tens of millions of Americans seem oblivious or apathetic in the face of an imminent and dire threat.

If elected, will Trump succeed in achieving any of his stated goals? No—not if Democrats continue their resistance in the courts, in Congress, in state legislatures, and in the hearts and minds of most Americans.

However, whether Trump succeeds in achieving his stated objectives is beside the point. He will attempt to do so—and his attempts will tear at the fabric of democracy and destroy legal norms that have served as the bedrock of our republic since its founding.

To be clear, I am not attempting to frighten readers of this newsletter. To the contrary, I believe that we can and will defeat Trump—or outlast him, whatever it takes. But the interview confirms that we are not frantic alarmists exaggerating the threat posed by Trump.

No, far from it.

When we challenge the milquetoast, both-siderism reporting of the media or the normalization of Trump by spineless politicians, we are not overreacting. We are sounding the alarm in a responsible, necessary way. For reasons that defy comprehension, our warnings have been unheeded—often dismissed, minimized, or patronized.

We must redouble our efforts. Commit the above list to memory. Copy the URL so you can forward this newsletter or the Time Magazine article to friends, colleagues, and complete strangers who doubt that Trump is a danger to democracy. Pick two or three issues and be prepared to discuss them when the moment arises. We have been warned—and we must act accordingly. 

Jim Hightower is an old-fashioned Texas liberal. He tries to understand what’s happened to his state in his blog. The GOP is just plain mean and crazy.

He writes:

If you think the GOP’s Congress of Clowns represents the fringiest, freakiest, pack of politicos that MAGA-world can hurl at us – you haven’t been to Texas.

It’s widely known, of course, that Ted Cruz, Greg Abbott, and most other top Republican officials here are obsequious Trump acolytes. Thus, Texas is infamously racing against Florida to be declared the stupidest, meanest, most-repressive state government in America, constantly making demonic attacks on women’s freedom, immigrants, voting rights, public schools, poor people, and so on. But I’m confident Texas will win this race to the bottom for one big reason: GOP crazy runs extraordinarily deep here.

We have a county-level layer of ultra-MAGA cultists constantly pressing the state’s far-right officials to march all the way to the farthest edge of extremism – then leap into absurdity. Therefore, the party officially supports abolishment of labor unions, elimination of the minimum wage, privatization of social security, legalization of machine guns, and… well, you get the drift. Now, though, local mad-dog Trumpistas are pushing their party straight into the abyss of autocracy by declaring war on H-E-B.

What’s that? H-E-B is a Texas chain of supermarkets beloved in communities throughout the state. “Beloved,” because the stores fully embrace the rich diversity of all people in our state, has affordable prices, values employees, and supports community needs.

Nonetheless, county Republican zealots screech that H-E-B violates their party ideology by accepting food stamps, opposing privatization of schools, and (horrors!) sponsoring some LBGTQ pride events. So, they’re demanding official condemnation of the grocery chain for – GET THIS – “advocating for policies contrary to the Republican Party of Texas platform.”

Yes, violating the party platform is to be criminalized. It’s the reincarnation of Orwell’s Nineteen Eighty-Four: Be MAGA… or else.

Barbara Pariente served on the Florida Supreme Court for more than twenty years and is now retired. She was astonished by that court’s recent decision to approve a six-week ban on abortion, because the state constitution explicitly protects privacy rights, which unquestionably—until now—included abortion decisions.

She recently wrote in Slate:

On April 1, the Florida Supreme Court, in a 6–1 ruling, overturned decades of decisions beginning in 1989 that recognized a woman’s right to choose—that is, whether to have an abortion—up to the time of viability.

Anchored in Florida’s own constitutional right to privacy, this critical individual right to abortion had been repeatedly affirmed by the state Supreme Court, which consistently struck down conflicting laws passed by the Legislature.

As explained first in 1989:

Florida’s privacy provision is clearly implicated in a woman’s decision of whether or not to continue her pregnancy. We can conceive of few more personal or private decisions concerning one’s body in the course of a lifetime.

Tellingly, the justices at the time acknowledged that their decision was based not only on U.S. Supreme Court precedent but also on Florida’s own privacy amendment.

I served on the Supreme Court of Florida beginning in 1998 and retired, based on our mandatory retirement requirement, a little more than two decades later. Whether Florida’s Constitution provided a right to privacy that encompassed abortion was never questioned, even by those who would have been deemed the most conservative justices—almost all white men back in 1989!

And strikingly, one of the conservative justices at that time stated: “If the United States Supreme Court were to subsequently recede from Roe v. Wade, this would not diminish the abortion rights now provided by the privacy amendment of the Florida Constitution.” Wow!

In 2017 I authored an opinion holding unconstitutional an additional 24-hour waiting period after a woman chooses to terminate her pregnancy. Pointing out that other medical procedures did not have such requirements, the majority opinion noted, “Women may take as long as they need to make this deeply personal decision,” adding that the additional 24 hours stipulated that the patient make a second, medically unnecessary trip, incurring additional costs and delays. The court applied what is known in constitutional law as a “strict scrutiny” test for fundamental rights.

Interestingly, Justice Charles Canady, who is still on the Florida Supreme Court and who participated in the evisceration of Florida’s privacy amendment last week, did not challenge the central point that abortion is included in an individual’s right to privacy. He dissented, not on substantive grounds but on technical grounds.

So what can explain this 180-degree turn by the current Florida Supreme Court? If I said “politics,” that answer would be insufficient, overly simplistic. Unfortunately, with this court, precedent is precedent until it is not. Perhaps each of the six justices is individually, morally or religiously, opposed to abortion.

Yet, at the same time, and on the same, by a 4–3 majority, the justices—three of whom participated in overturning precedent—voted to allow the proposed constitutional amendment on abortion to be placed on the November ballot. (The dissenters: the three female members of the Supreme Court.) That proposed constitutional amendment:

Amendment to Limit Government Interference With Abortion:

No law shall prohibit, penalize, delay, or restrict abortion before viability or when necessary to protect the patient’s health, as determined by the patient’s healthcare provider. This amendment does not change the Legislature’s constitutional authority to require notification to a parent or guardian before a minor has an abortion. 

For the proposed amendment to pass and become enshrined in the state constitution, 60 percent of Florida voters must vote yes.

In approving the amendment to be placed on the ballot at the same time that it upheld Florida’s abortion bans, the court angered those who support a woman’s right to choose as well as those who are opposed to abortion. Most likely the latter groups embrace the notion that fetuses are human beings and have rights that deserve to be protected. Indeed, Chief Justice Carlos Muñiz, during oral argument on the abortion amendment case, queried the state attorney general on precisely that issue, asking if the constitutional language that defends the rights of all natural persons extends to an unborn child at any stage of pregnancy.

In fact, and most troubling, it was the three recently elevated Gov. Ron DeSantis appointees—all women—who expressed their views that the voters should not be allowed to vote on the amendment because it could impact the rights of the unborn child. Justice Jamie Grosshans, joined by Justice Meredith Sasso, expressed that the amendment was defective because it failed to disclose the potential effect on the rights of the unborn child. Justice Renatha Francis was even more direct writing in her dissent:

The exercise of a “right” to an abortion literally results in a devastating infringement on the right of another person: the right to live. And our Florida Constitution recognizes that “life” is a “basic right” for “[a]ll natural persons.” One must recognize the unborn’s competing right to life and the State’s moral duty to protect that life.

In other words the three dissenting justices would recognize that fetuses are included in who is a “natural person” under Florida’s Constitution.

What should be top of mind days after the dueling decisions? Grave concern for the women of our state who will be in limbo because, following the court’s ruling, a six-week abortion ban—before many women even know they are pregnant—will be allowed to go into effect. We know that these restrictions will disproportionately affect low-income women and those who live in rural communities.

Senator Bernie Sanders of Vermont was interviewed by Christiane Amsnpour, who asked him what he thought about Trump’s views on abortion.

Watch and listen to Senator Sanders’ succinct response.

Dave Wells, research director of the Grand Canyon Institute, a nonpartisan research center in Arizona, released the following statement:

Phoenix —The Grand Canyon Institute expresses deep distress over the implications for women’s health and rights in response to the Arizona Supreme Court’s decision to uphold a territorial-era law from 1864 that bans nearly all abortions. This ruling poses a significant threat to reproductive freedom and will have profound economic consequences for individuals and families across the state.

While the immediate harm will be experienced by women denied access to healthcare, today’s decision will have negative repercussions for all Arizonans. An analysis published in January 2024 by the Institute for Women’s Policy Research (IWPR) sheds light on the ongoing impact of abortion restrictions, highlighting the negative impacts of such policies on economic prosperity in addition to women’s health. Women constitute a considerable segment of the workforce; restrictions on healthcare access harm not only women and their families but also have adverse effects on local economies. 

This research emphasizes, in the two years before Roe was overturned, the economic toll of abortion restrictions (e.g., required ultrasound), estimating an average annual cost of $173 billion to the United States economy due to reduced labor force participation, earnings levels, and increased turnover among women. This figure understates the substantial economic repercussions of post-Roe abortion bans. Arizona already was facing an average annual economic loss of $4.5 billion, equivalent to 1% of the state’s GDP due to its restrictive measures.

If reproductive health restrictions were removed, almost 597,000 additional women would join the nation’s labor force each year. The national GDP would experience an increase of nearly 0.7%, and employed women aged 15 to 44 would collectively earn an extra $4.3 billion annually.

“By allowing a 160-year-old law to take precedence over the 15-week law passed two years ago, the Arizona Supreme Court has condemned pregnant people to healthcare restrictions reminiscent of an era when slavery remained Constitutionally endorsed” states Dave Wells, research director of the Grand Canyon Institute. “The Court’s decision will also have significant economic consequences for the state.  Our previous restrictive abortion laws already result in an economic cost of $4.5 billion annually, this cost will certainly increase going forward and will be felt by all Arizonans.”

The Grand Canyon Institute emphasizes the importance of safeguarding reproductive rights. As an organization deeply committed to advancing evidence-based policymaking, we are actively engaging in research to further understand the detrimental effects of abortion restrictions on the Arizona economy. This is an area of research we are currently prioritizing, recognizing the profound economic implications of restrictive reproductive health policies.

For more information, contact:

Dave Wells, Ph.D., Research Director

602.595.1025, Ext. 2, dwells@azgci.org

The Grand Canyon Institute, a 501(c) 3 nonprofit organization, is a centrist think tank led by a bipartisan group of former state lawmakers, economists, community leaders and academicians. The Grand Canyon Institute serves as an independent voice reflecting a pragmatic approach to addressing economic, fiscal, budgetary and taxation issues confronting Arizona.