Archives for category: Civil Rights

Dan Froomkin writes “Press Watch,” a blog that covers the media. In this post, he criticizes the mainstream media for treating the U.S. Supreme Court’s Callais decision as a partisan issue. It is that, but it is at bottom a decision that destroys Black political power. It allows states to divvy up districts in ways that eliminates Black representation. And former Confederate states wasted no time in breaking up districts that elect Blacks to Congress.

He writes:

States across the South are redrawing election maps to eliminate majority-Black congressional districts.

Much of the major-media coverage is casting this in purely political terms – as just another part of the partisan battle for the House in November.

So for example, a May 9 Associated Press article headlined “What to know about the latest wave of changes to congressional districts,” started off this way:

The remaking of the U.S. political map accelerated this week in courts and legislatures, all of it in this round expected to boost Republicans in their attempt to keep control of Congress in November’s elections.

A May 13 New York Times article started off like this:

Gov. Brian Kemp of Georgia on Wednesday called lawmakers back to the capital next month to redraw the state’s legislative districts for the 2028 election cycle, and to work on changes to the state’s voting system.

The call for a special session, which will begin on June 17, comes as Southern lawmakers have been rushing to reconfigure congressional maps to be more favorable to Republicans for this year’s midterms in response to the recent Supreme Court decision that weakened the Voting Rights Act of 1965.

But in the South, the significance of redistricting goes far beyond any partisan issue.

So let me rewrite that for you:

In a stunning display of racism, white Republican leaders throughout the South are stripping Black people of their franchise in order to retain political power.

The catalyst was a 6-3 Supreme Court decision on April 29 that gutted the Voting Rights Act of 1965, landmark legislation that gave Black people the opportunity to elect candidates of their choice.

Six right-wing justices insisted that intentional voting discrimination is a thing of the past. Southern legislators immediately responded by redrawing election boundaries to dilute the Black vote, in many cases making it virtually impossible for Black people to be elected to Congress.

What has happened in a matter of days amounts to a wrenching reversal of 60 years of racial progress — a revival of the Jim Crow era when Black people had no political power, no matter their number.

On a personal level, Black voters in the South are struggling with the repercussions of having one of their essential rights being brutally ripped away from them.

In states like Georgia, Louisiana, and Mississippi, where they make up more than 30 percent of the population, Black Americans will have little to no say in who is elected to Congress. And as the effects of the court decision trickle down to the local level, they may get shut out of some of those elections as well.

Meanwhile, the leaders of the white nationalist movement known as MAGA are celebrating. In some cases, their racism is expressed openly. “For too long, Tennessee politics has been dominated by cosmopolitan communists and race hustlers imposing their corrupt will on a deeply rural and conservative state,” Representative Andy Ogles of Tennessee posted on social media.

For the authoritarian leaders of MAGA, the dilution and nullification of Black votes is a crucial step in their quest to remain in power — even as most voters have turned against them.

MAGA’s future depends on suppressing the votes of groups that don’t support its white-male dominated Christian nationalist ideology. Reducing minority representation, to them, is essential to destroying majority rule. Destroying Majority rule is how they win.

Gerrymandering that leads to Southern states being almost entirely represented by white, right-wing elected officials dramatically improves MAGA’s political calculus. In the short run, it improves the odds of retaining Congress in November. MAGA’ strategy to keep the White House in 2028 includes yet more Black disenfranchisement, through voter intimidation, deception and disruption.

So far, MAGA’s plan is working, raising the prospect that Trump and his successors may remain in power for the foreseeable future.

But another way to characterize the current drive to disenfranchise Black voters is that it is the desperate – and maybe final — act of a white nationalist party that is being rejected by increasing number of voters.

For American journalists, this ought to be epic, tectonic stuff, worth aggressive and ongoing coverage.

And keep in mind that in the mid- to late-20th century, the struggle for civil rights was the dominant story in American politics, the subject of vast amount of journalism, some of it heroic. Ultimately it was journalism that brought the civil rights marchers into the American public’s breakfast nooks and living rooms, forcing the country to reckon with a brutal and sordid history of racism, and, eventually, try to move beyond it.

But today, as in the early days of the civil rights movement, too much of the media is averting its eyes from the experience of Black people. Too much coverage treats this extraordinary and consequential display of racism and societal regression as if it were just an ordinary political battle.

Some Reporters Get It

Some mainstream journalists have recognized the racial element of redistricting, and their work provides models of better, more appropriate coverage.

As evidence that you can address both the racial and political nature of the Republican moves in a news article, consider Emily Cochrane’s reporting in the Times about a new Tennessee map “that slices up Memphis to scatter Black voters into neighboring districts, a move intended to eliminate the state’s last Democratic House seat.” After several paragraphs of partisan framing, she wrote:

Democrats, noting that about two-thirds of Memphis voters are Black, said it was a blatant attack on hard-won gains for fair representation in a state shaped by slavery, segregation and the civil rights movement.

She described the scene in the state capitol in Nashville during the special session to pass the new map:

Black lawmakers delivered emotional speeches about family members, friends and colleagues who endured segregation or struggled with barriers to voting in the 1960s. State Senator Charlane Oliver of Nashville, a Democrat, stood on her desk right before the vote, holding a banner reading “No Jim Crow 2.”

And she quoted an attendee:

“My race is who I am and it informs my politics,” said Danyelle Norment, 30, who woke up early to drive in from Memphis. “It’s not something that’s separate or can be left behind.”

She added, “it’s really, really important to have folks who can understand our lived experience.”

In the Washington Post, Justin Jouvenal profiled Press Robinson, an 88-year-old civil rights pioneer. “That law passed in 1965 was the bedrock of improvement of life in America for people of color,” Robinson told Jouvenal.

Now, Robinson fears a wipeout of Black political power, much like the one that occurred after Reconstruction.

“History is now repeating itself,” he said.

On PBS Newshour, Liz Landers covered the story as part of the network’s “Race Matters” series, bringing us the voice of Leona Tate, a civil rights activist:

So now we move backwards with the Supreme Court decision that will go down as one of the most racist rulings in our nation’s history.

Tate was 6 years old when she became one of the first students to desegregate a New Orleans school, Landers noted. Then Tate continued:

I had no idea what racism was at that time, but I knew by third grade that it was the color of my skin that made a difference. I just can’t believe that it’s still happening 66 years later. It’s cheating, to me. That’s how I feel. It’s really cheating. And it’s really illegal.

It does bring back that feeling from a long time ago, and it’s not a good feeling.

Read the Black Press

As in the 1950s and 60s, the Black press is revealing what the white press is slow to acknowledge.

Brandon Tensley, writing for Capital B, explained “How One Supreme Court Ruling Is Rewriting 60 Years of Voting Protections.” “Most Black Americans reside in the South,” he wrote. Lawmakers in former slaveholding states dismantling majority-Black districts “could change the balance of power and the complexion of leadership in this country.”

Gerren Keith Gaynor, writing for TheGrio, headlined the fact that “Black legislators lead the resistance as Republicans rush to redraw maps after gutting of Voting Rights Act.” “It’s disturbing and disgusting to see how this administration and the white leadership here are trying to codify white supremacy and dilute Black political voting power because that’s what’s happening,” Tennessee State Rep. Justin J. Pearson told Gaynor. “I think none of us should make any mistake about what is going on. The attempt to remove Black representation and our ability to elect representatives of our choice is one of the most significant attacks on Black voter participation and Black voter representation since the end of Reconstruction.”

TheRoot published a viral video of Louisiana resident Marshan Camese delivering a powerful speech at a state Senate hearing over redistricting. “I believe the country as a whole is rebuking your party. Y’all are in a death spiral,” he said. “That’s why y’all have to redistrict. That’s why y’all have to cheat.” MAGA, he said, “is the last breath of the Confederacy.”

Civil rights leaders are headed to Alabama tomorrow for a rally they’re calling “All Roads Lead to the South.” As I wrote in my Heads Up News newsletter this week, this could be the birth of a movement that combines the battle for voting rights with the battle for democracy.

“Black folks from across the country are gonna be busing in, flying in, to show up and to really begin organizing to turn out in the November election,” Wisdom Cole, the Senior National Director of Advocacy for the NAACP, told TheRoot. “This is such an important moment to activate all of us.”

Note: the rally in Alabama was held last Saturday.

Heather Cox Richardson sums up the struggle for equal rights since the Brown decision of May 17, 1954. The struggle has continued in the years since then, aided especially by the Voting Rights Act of 1965.

The VRA enabled Black Americans to have a voice, representation, and genuine political power. The U.S. Supreme Court decided on April 29, 2026, in Louisiana v. Callais that there is no longer any need for federal protection of voting rights for Black Americans, and they made a decision that is certain to lead to the loss of meaningful representation for Blacks, who–the Court majority decided–no longer needed federal protection. The former Confederacy proceeded to enact redistricting that will wipe out many Black-held seats in Congress. Racism is alive.

Richardson writes:

Seventy-two years ago tomorrow, on May 17, 1954, the Supreme Court unanimously decided Brown v. Board of Education of Topeka, Kansas. That landmark decision declared racial segregation in public schools unconstitutional because segregated schools denied Black children “the equal protection of the laws guaranteed by the Fourteenth Amendment.”

Three years after the Brown v. Board decision, in the face of massive resistance to desegregation in the South, President Dwight D. Eisenhower proposed the Civil Rights Act of 1957 to protect the right of Black Americans to vote, using the federal government to overrule the state laws that limited voter registration and kept Black voters from the polls. To prevent the passage of the first federal civil rights legislation since 1875, South Carolina senator Strom Thurmond launched the longest filibuster in U.S. history, speaking for 24 hours and 18 minutes.

(Senator Cory Booker (D-NJ) broke Thurmond’s record on March 31 through April 1, 2025, speaking for 25 hours, 5 minutes, and 59 seconds, but his speech was not a filibuster.)

Southern Democrats known as “Dixiecrats” managed to weaken the measure, but Senate majority leader Lyndon B. Johnson (D-TX) managed to wrestle the Civil Rights Act of 1957 through Congress, and Black Americans and their white allies began trying to register Black Americans to vote.

But the law proved too weak to force white registrars to allow Black voters onto the rolls, and by 1961, activists with the Student Nonviolent Coordinating Committee (SNCC, pronounced “snick”) were at work in Mississippi to promote voter registration. In 1964 they launched the “Freedom Summer,” bringing college students from northern schools to work together with Black people from Mississippi to educate and register Black voters.

Just as the project was getting underway, three organizers—James Chaney, from Mississippi, and Andrew Goodman and Michael Schwerner from New York—disappeared outside Philadelphia, Mississippi. Lyndon Johnson, president by then, used the popular rage over the three missing voting rights workers to pressure Congress into passing the Civil Rights Act of 1964, designed to try to hold back the white supremacists and to make it possible for Black Americans to register to vote. The measure passed, and on July 2, Johnson signed it into law.

On August 4, investigators found the bodies of the three missing men. Ku Klux Klan members working with local law enforcement officers had murdered them and then buried the bodies in an earthen dam that was under construction.

And still, white officials refused to accept the idea of Black voting. In Selma, Alabama, where the city’s voting rolls were 99% white even though Black Americans outnumbered white Americans among the 29,500 people who lived there, local Black organizers had launched a voter registration drive in 1963, but a judge stopped voter registration meetings by prohibiting public gatherings of more than two people.

Selma voting rights activist Amelia Boynton invited the Reverend Dr. Martin Luther King Jr. to the city to draw national attention to its struggle, and he and other prominent Black leaders arrived in January 1965. For seven weeks, Black residents made a new push to register to vote. County sheriff James Clark arrested almost 2,000 of them on a variety of charges, including contempt of court and parading without a permit. A federal court ordered Clark not to interfere with orderly registration, so he forced Black applicants to stand in line for hours before taking a “literacy” test. Not a single person passed.

Then, on February 18, white police officers, including local police, sheriff’s deputies, and Alabama state troopers, beat and shot an unarmed man, 26-year-old Jimmie Lee Jackson, who was marching for voting rights at a demonstration in his hometown of Marion, Alabama, about 25 miles northwest of Selma. Jackson died eight days later, on February 26. Black leaders in Selma decided to defuse the community’s anger by planning a long march—54 miles—from Selma to the state capitol at Montgomery to draw attention to the murder and voter suppression.

On March 7, 1965, the marchers set out. As they crossed the Edmund Pettus Bridge, state troopers and other law enforcement officers met the unarmed marchers with billy clubs, bullwhips, and tear gas. They fractured the skull of young activist John Lewis and beat Amelia Boynton unconscious. A newspaper photograph of the 54-year-old Boynton, seemingly dead in the arms of another marcher, illustrated the depravity of those determined to stop Black voting.

On March 15, President Johnson addressed a nationally televised joint session of Congress to ask for the passage of a national voting rights act. “Their cause must be our cause too,” he said. “[A]ll of us…must overcome the crippling legacy of bigotry and injustice. And we shall overcome.” Two days later, he submitted to Congress proposed voting rights legislation.

Under the protection of federal troops, the Selma marchers completed their trip to Montgomery on March 25. Their ranks had grown as they walked until they numbered about 25,000 people. That night, Viola Liuzzo, a 39-year-old mother of five who had arrived from Michigan to help after Bloody Sunday, was murdered by four Ku Klux Klan members who tailed her as she ferried demonstrators out of the city.

A bipartisan majority of Congress passed the Voting Rights Act by a vote of 77–19 in the Senate and 333–85 in the House. Dr. King and Mrs. Boynton were guests of honor as President Johnson signed the Voting Rights Act of 1965 on August 6. Recalling “the outrage of Selma,” Johnson said: “This right to vote is the basic right without which all others are meaningless. It gives people, people as individuals, control over their own destinies.”

And yet, on April 29, 2026, the Supreme Court gutted the protections for the Black-majority districts Congress provided for in the Voting Rights Act after years of weakening the law in other ways. In its wake, Republican-dominated southern state legislatures are rushing to redraw their district lines to dilute the votes of Black Democrats.

Today, thousands of Americans, including eighteen members of Congress, traveled to Selma and Mongomery to call Americans to action to protect voting rights. Pastor Kenneth Sharpton Glasgow told Joseph D. Bryant of Alabama news site AL, “This moment is bigger than Democrats or Republicans. This is about democracy itself. This is about whether Black communities, poor communities, rural communities, formerly incarcerated people, and marginalized voices will continue to have representation and political power in America.”

Speakers united around the theme that those trying to gerrymander their way into control of Congress in defiance of voters had reawakened a movement. “They think they can draw us out of power,” Representative Alexandria Ocasio-Cortez (D-NY) told an audience in Montgomery.

“They do not know the sleeping giant that they just awakened. Because it is not a coincidence, and our whole country must understand, that it was not until voting rights were ratified in this country that we got the Great Society. Because when Black Americans have the right to vote and that vote is protected, our schools get funded. When voted rights are protected, healthcare gets expanded. When voted rights are protected, our country moves forward. And Montgomery, that’s what they’re actually afraid of. They’re afraid of us coming together. They’re afraid of us protecting one another.”

—

Notes:

https://www.eisenhowerlibrary.gov/research/online-documents/civil-rightAs-act-1957

https://www.al.com/news/birmingham/2026/05/mass-mobilization-expected-in-selma-montgomery-this-weekend-after-supreme-court-decision.html

https://www.al.com/news/birmingham/2026/05/church-buses-and-charter-buses-are-heading-to-selma-and-montgomery-for-a-reclamation-of-power.html

https://www.booker.senate.gov/senator-bookers-marathon-speech

Bluesky:

indivisible.org/post/3mlyzqeapbs2g

This a great article that will uplift your spirits!

Jennifer Rubin is a journalist and lawyer who was hired by The Washington Post to be its conservative columnist. But Trump radicalized her, and she became a leading voice for liberal policies. After Jeff Bezos decided to placate and woo Trump, she resigned her job and started a new and wildly popular blog called “The Contrarian,” where she and other brilliant writers gathered to critique the madness of MAGA.

She recently posted an optimistic analysis of American politics. Despite the gerrymandering, despite horrible court decisions, Democrats are in a great position to wash the MAGA stain out of the nation’s government.

It’s the most optimistic piece I’ve read in a long while, and I think you will enjoy it too.

Rubin writes:

In a span of less than two weeks, the U.S. Supreme Court (contravening the text and intent of the post-Civil War amendments and decades of court precedent) and the Virginia State Supreme Court (overturning the will of Virginia voters and inventing a new definition of “election”) have bulldozed through the electoral landscape to slant the 2026 midterm playing field in Republicans’ favor.

In Louisiana v. Callais, the U.S. Supreme Court demolished 60 years of progress in voting rights, robbed Black and Hispanic communities of the power to elect representatives of their own choosing, and aimed to decimate the ranks of non-white U.S. House members, state legislators, and local officials. This is nothing short of an attempt to reimpose white supremacy.

(MicroStockHub/iStock)

Voting rights legal guru Rick Hasen wrote:

This decision will bleach the halls of Congress, state legislatures, and local bodies like city councils, by ending the protections of Section 2 of the act, which had provided a pathway to assure that voters of color would have some rudimentary fair representation. It’s the culmination of the life’s work of Chief Justice John Roberts and Samuel Alito, who have shown persistent resistance to the idea of the United States as a multiracial democracy, and a brazen willingness to reject Congress’ judgment that fair representation for minority voters sometimes requires race-conscious legislation…. It protects Alito’s core constituency: aggrieved white Republican voters.

As infuriating, partisan, and legally unsound as these rulings are, they are not the final word on either the midterms or the future of our multi-racial democracy.

The Midterms

Even with the loss in Virginia, Democrats’ five-seat pick up in California should more than counteract the original Texas re-redistricting (where two of the five seats Republicans sought to steal may well go to Democrats). And despite the Virginia decision, Democrats may still pick up one to two more seats under Virginia’s old map. The net pickup for Republicans currently is less than ten before Democrats pursue their own redistricting in New York, Illinois, Colorado, and Maryland.

However, even with the advantage of, say, a dozen rigged seats, Republicans are unlikely to keep the House majority. Since 2024, Democrats have swung the electorate substantially in their direction, over-performing in comparison to Kamala Harris in 193 of 226 state legislative races, by 20 points in some cases. On average, Democrats are doing more than 10 points better than they did in 2024. (Brookings’ William A. Galston wrote: “In the six special elections for the House conducted in 2025-2026, the swing toward Democratic candidates averaged about 15 points, while the swing toward Democratic gubernatorial candidates in New Jersey and Virginia averaged 14 points.”)

More than 20 Republican House seats were won by less than 10 points in 2024; 43 Republicans won by less than 15%. Given the electoral shift, Democrats’ list of targeted seats expands each week.

The New York Times reported that gerrymandering “tells only part of the story” about the midterms. While “Democrats could end up losing at least half a dozen safe seats, and possibly more,” depending on new maps drawn in Southern states, Republicans face gale-force “headwinds” thanks to Donald Trump’s atrocious approval numbers, his reviled Iran war, soaring gas and other consumer prices, snatching away healthcare coverage from millions, disaffection of Hispanic voters, and rampant corruption.

In short, gerrymandering, however outrageous, will not be enough to save Republicans if Democrats generate huge turnout, especially among those voters enraged that they have been stripped of voting power. (As Hungary demonstrated, a determined opposition can overcome a raft of unfair impediments imposed by a corrupt, unpopular regime.)

Democrats, independents, and disaffected Republicans know that the MAGA cult has no message — which is why MAGA lawmakers and courts must rig the election to cement white supremacy. That’s all they’ve got.

Democrats have their targets

The enormity of reversing 60 years of progress on voting rights necessitates a new era of intense organizing and public education — a new civil right movement to counter MAGA’s court-imposed Jim Crow. That effort kicks off with a grassroots National Day of Action on Saturday, May 16, in Alabama. Organizers declared, “The dismantling of the Voting Rights Act is a reminder that we have unfinished business. The fight is ours and we are going to finish it.” Scores of democracy groups, faith-based organizations, and civil rights organizations will rally to oppose Jim Crow redistricting and to support multi-racial democracy.

The goal: Democrats must win, and win big, in 2026 and 2028. Senate seats, governorships, and other statewide offices cannot be gerrymandered. A massive registration and turnout-the-vote operation must expand deep into Republican areas, appealing to disgruntled independents and Republicans while firing up the base. Democrats will need a broad, inclusive electoral coalition to pursue bold reform. As former attorney general Eric Holder likes to say, progressives “need to be comfortable with acquiring power and using power.”

What then? If Democrats come out of the 2028 election with House and Senate majorities, and the presidency, they will have all the motivation and tools required to reverse the slide into Jim Crow, beginning with substantial reform of the discredited Supreme Court. The MAGA justices’ willful misreading of the Voting Rights Act and the Constitution to concoct a “color blind” interpretation of voting rights (coupled with their monstrous expansion of executive power and abuse of the emergency docket) should unify democracy defenders on the urgency of Supreme Court reform through court expansion, term limits, revised appellate jurisdiction, and ethics reform.

Election law guru Rick Hasen argued:

The Supreme Court itself has shown itself to be the enemy of democracy. If and when Democrats retake control of the political branches, it will be incumbent on them not only to write new voting legislation protecting minority voters and all voters in the ability to participate fairly in elections that reflect the will of all the people. They will also have to consider reform of the Supreme Court itself.

With the election of aggressive Senate Democrats running in 2026 and 2028, Democrats should have little trouble carving out a filibuster exception, especially if they win by large margins that affirm voters’ rejection of MAGA assault on pluralistic democracy.

In addition to reforming the MAGA Supreme Court, a myriad of solid proposals for undoing the damage wrought by Callais include: state voting rights’ protections, a federal statute that requires nonpartisan redistricting, proportional representation, and a constitutional amendmentguaranteeing the right to vote. Democrats should pursue an “all of the above” approach, not merely to regain but to expand diverse voters’ participation and power.

Though the tools to sustain multi-racial democracy may be different from those employed in the 1960s, Madeleine Greenberg of the Campaign Legal Center reminded us: “Every generation has faced attempts to restrict access to the ballot box, and every generation has pushed back.” If Democrats win elections decisively and fully exercise the power they obtain, they can fix what MAGA white supremacists have broken. Only then can we fulfill the promise of pluralistic democracy.

The midterm elections of 2026 are approaching. Start working now to reclaim our democracy! Our time is now.

The Department of Justice indicted the Southern Poverty Law Center by paying informants to infiltrate extremist groups.

CNN wrote:

The Justice Department alleges in the criminal case brought last month that the Southern Poverty Law Center — which has drawn the ire of President Donald Trump and other Republicans for labeling right-wing organizations as hate groups — defrauded donors by not informing them of secret payments to hate group members to act as informants.

The Justice Department alleges that SPLC has funneled $3 million to hate groups like the KKK, Unite the Right, and the Aryan Nations. SPLC also listed Moms for Liberty as a hate group, and M4L said that SPLC should be shut down.

One of the specialties of SPLC is compiling a list of hate groups and individuals who spread hate.

As an organization that was created to oppose racial injustice in the South, SPLC became a natural target for the GOP vengeance campaign.

The odd thing about the suit is that SPLC paid infiltrators, not the groups themselves.

This is a brazen assault on a significant civil rights group that has tangled with hate-groups for more than 50 years.

It is also a demonstration of the Trump administration’s weaponization of the Justice Department, turning it into a partisan cudgel.

Some large corporations have paused their charitable gifts to SPLC, including a division of Schwab that manages charitable gifts, Fidelity, and vanguard.

It was noted on Twitter that Stephen Miller, Trump’s policy advisor, is in the SPLC list of extremists.

The six conservative-right wing justices on the U.S. Supreme Court gutted the Voting Rights Act of 1965, by striking down Section 2, which requires that minorities have districts in which their voting preferences may be heard. This section led to the creation of districts that elected Black representatives.

We can now expect redistricting of Congressional districts and state legislative districts to sharply reduce the number of Black elected officials.

Richard L. Hasen of Slate wrote that the decision “will go down in history as one of the most pernicious and damaging Supreme Court decisions of the last century. All six Republican-appointed justices on the court signed onto Justice Samuel Alito’s opinion gutting what remained of the Voting Rights Act protections for minority voters, while pretending they were merely making technical tweaks to the act.

This decision will bleach the halls of Congress, state legislatures, and local bodies like city councils, by ending the protections of Section 2 of the act, which had provided a pathway to assure that voters of color would have some rudimentary fair representation. It’s the culmination of the life’s work of Chief Justice John Roberts and Samuel Alito, who have shown persistent resistance to the idea of the United States as a multiracial democracy, and a brazen willingness to reject Congress’ judgment that fair representation for minority voters sometimes requires race-conscious legislation. It gives the green light to further partisan gerrymandering. It protects Alito’s core constituency: aggrieved white Republican voters. It’s a disaster for American democracy.

Future generations of legal scholars will review the Republicans’ retreat from civil rights protections enacted in the 1960s. Perhaps psychologists will figure out why Justice Clarence Thomas consistently opposes laws intended to protect people like him.

Robert Reich has selected the Supreme Court Justice whom he believes is the worst in modern history. The two likeliest nominees are clearly Samuel Alito, who wrote the decision that reversed Roe v. Wade and that is responsible for the deaths of many women who were unjustly denied medical care because of Justice Alito.

But no, he chooses Justice Clarence Thomas. In this post, he explains why.

Friends,

I’ve long assumed that Samuel Alito was the worst. 

Alito — who authored the majority opinion in Dobbs v. Jackson Women’s Health Organization (2022), the case that ended constitutional abortion rights by merely asserting that the high court’s prior opinion in Roe v. Wade (1973) was wrongly decided; who accepted a 2008 luxury fishing trip to Alaska, including private jet travel, from hedge fund billionaire and GOP donor Paul Singer yet failed to disclose it on Alito’s financial forms and didn’t even recuse himself from decisions involving Singer’s subsequent business before the Supreme Court; who hoisted an inverted American flag outside his Virginia home shortly after the January 6 Capitol riot, a symbol of support for Trump’s false claims of a stolen 2020 election — has the moral and intellectual stature of a poisonous toad. 

But I’ve come to revise my view of the court’s worst Justice.

Clarence Thomas is 77 years old. He has now served on the Supreme Court for over 34 years, making him the longest-serving member of the Court. He is a bitter, angry, severe hard-right, intellectually dishonest, ideologue. After reading his latest thoughts on America, I’ve concluded Thomas is even worse than Alito. 

Last Wednesday, Thomas gave a rare public address at the University of Texas in Austin that began as a banal tribute to the Declaration of Independence before degenerating into a misleading screed against progressivism. 

“At the beginning of the twentieth century, a new set of first principles of government was introduced into the American mainstream,” Thomas intoned. “The proponents of this new set of first principles, most prominently among them the twenty-eighth president, Woodrow Wilson, called it progressivism.”

Thomas went on to blame progressives for the worst crimes of the 20th century, insisting that “Stalin, Hitler, Mussolini, and Mao” were all “intertwined with the rise of progressivism,” as was “racial segregation,” “eugenics,” and other evils. 

This is pure rubbish. 

In reality, America’s Progressive era emerged at the start of the 20th century from the corruption and excesses of America’s first Gilded Age (we’re now in the second, if you hadn’t noticed) — its record inequalities of income and wealth, its “robber barons” who monopolized industries and handed out sacks of money to pliant legislators, it’s dangerous factories and unsafe working conditions, its violent attacks on workers who tried to form unions, its corporate control over all facets of government, its widespread poverty and disease, and its corrupt party machines. 

In many ways, the Progressive Era — whose most prominent leader was Republican president Theodore Roosevelt, not Woodrow Wilson, by the way — saved capitalism from its own excesses by instituting a progressive income tax, an estate tax, pure food and drug laws, and America’s first laws against corporate influence in politics.

Then, under Teddy Roosevelt’s fifth cousin (Franklin D.), came Social Security, the 40-hour workweek (with time-and-a-half for overtime), the right to form unions, and laws and regulations that limited Wall Street’s ability to gamble with other people’s money. 

Clarence Thomas got it exactly backwards. Had we not had the Progressive Era and its reforms extending through the 1930s, America might well have succumbed to fascism — as did Germany under Hitler, and Italy under Mussolini, or to communist fascism, as did Russia under Stalin. Progressive and New Deal reforms acted as bulwarks against the rise of fascism in America.

In fact, it’s been the demise of such reforms since Ronald Reagan that have opened the way to Trumpian neo-fascism. 

Over a third of American workers in the private sector were unionized in the 1950s, giving them bargaining leverage to get higher wages and better working conditions. Now, fewer than 6 percent are unionized, which has contributed to the flattening of wages, a contracting middle class, inequalities of income and wealth rivaling the first Gilded Age, and an angry and suspicious working class that’s become easy prey for demagogues. 

Wall Street has been deregulated — allowing it to go on gambling sprees such as the one that produced the financial crisis of 2008, which claimed millions of working peoples’ homes, savings, and jobs. 

America’s social safety nets have become so frayed that almost a fifth of the nation’s children are now in poverty. Yet Reagan, George W. Bush, and Trump have slashed taxes on the rich and on big corporations and have allowed giant corporations to merge into giant monopolies rivaling the trusts of the first Gilded Age. And Trump has ushered in an era of corruption the likes of which America hasn’t seen since that earlier disgraceful era. 

Thomas claims that “The century of progressivism did not go well.” Baloney. It helped America create the largest middle class the world had ever seen, while also extending prosperity to millions of Black and brown people. 

The tragedy is that America turned its back on progressivism and on social progress, in part because of the Supreme Court and Justice Clarence Thomas. 

Flashback: I was in law school in 1973 when the Supreme Court decided Roe, protecting a pregnant person’s right to privacy under the 14th amendment to the Constitution. 

Clarence Thomas was in my law school class at the time, as was Hillary Rodham (later Hillary Clinton) and Bill Clinton.

The professors used the “Socratic method” – asking hard questions about the cases they were discussing and waiting for students to raise their hands in response, and then criticizing the responses. It was a hair-raising but effective way to learn the law.

One of the principles guiding those discussions is called stare decisis — Latin for “to stand by things decided.” It’s the doctrine of judicial precedent. If a court has already ruled on an issue (say, on reproductive rights), future courts should decide similar cases the same way. Supreme Courts can change their minds and rule differently than they did before, but they need good reasons to do so, and it helps if their opinion is unanimous or nearly so. Otherwise, their rulings appear (and are) arbitrary — even, shall we say? — partisan.

In those classroom discussions almost fifty years ago, Hillary’s hand was always first in the air. When she was called upon, she gave perfect answers – whole paragraphs, precisely phrased. She distinguished one case from another, using precedents and stare decisis to guide her thinking. I was awed.

My hand was in the air about half the time, and when called on, my answers were meh.

Clarence’s hand was never in the air. I don’t recall him saying anything, ever.

Bill was never in class.

Only one of us now sits on the Supreme Court. And he has shown no respect for stare decisis. 

Nor has he respected judicial ethics. 

A federal law — 28 U.S. Code § 455 — requires that “any justice, judge, or magistrate judge of the United States shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned.”

In the aftermath of the 2020 election, Thomas’s wife, Ginni, actively strategized with White House chief of staff Mark Meadows on overturning the election results. Between Election Day 2020 and the days following the January 6th attack on the Capitol, she exchanged 29 text messages with Meadows, in which she spread false theories about the election, urged Meadows to overturn the election results, and called for specific actions from the White House to help overturn the election. She also served as one of nine board members of a group that helped lead the “Stop the Steal” movement and called for the punishment of House Republicans who participated in the U.S. House Select Committee investigating the January 6th attack. 

Yet Clarence Thomas has repeatedly participated in cases that have come to the high court directly or indirectly involving the 2020 election results, refusing to disqualify himself. 

In addition, he failed to disclose his wife’s income from her work at the Heritage Foundation, in violation of the Ethics in Government Act. 

Finally, there’s his speech last week in Austin. How can Americans be expected to believe in the impartiality of the Supreme Court in general and Clarence Thomas in particular when he condemns an entire philosophy of government — progressivism — and all the people who continue to call themselves progressives, in effect labeling them neo-fascists? 

At the start of his speech last week in Austin, Clarence Thomas noted that “My wife Virginia and I have many wonderful friends and acquaintances here, and it is so special to have our dear friends Harlan and Kathy Crow join us today.”

He was, of course, referring to the Republican mega-donor who has spent the last twenty years lavishing Thomas with personal gifts, luxury yacht trips, fancy vacations, and funding for Ginni Thomas’s political organization. 

Small wonder that Clarence Thomas prefers the Gilded Age over the Progressive Era. He’s the living embodiment of The Gilded Age’s public-be-damned excesses. 

Hence, he’s my nominee for the worst justice in modern Supreme Court history.

A good way to start off April Fool’s Day is by listening to this song by a group of young people in Colorado. The lyrics were written by Kevin Welner and are posted at the website of the National Education Policy Center.

The Trump regime says clearly “We believe in local control.” Except when they don’t.

Trump has issued executive orders about what may or may not be taught. Trump’s executive order #14253, signed on March 27, 2025, was titled “Restoring Truth and Sanity to American History.” What it meant in practice was to censor any teaching or displays that showed the shameful aspects of American history, and to focus instead on “patriotic history.”

Trump has launched a campaign to oust diversity, equity, and inclusion, as well as gender studies, African-American studies, and studies of other groups.

Trump has tried to seize control of institutions of higher education institutions by falsely accusing them of anti-Semitism. He has sought to control the admission of students, the curriculum, and the hiring of faculty.

Trump has taken institutions of higher education hostage by withholding or cancelling billions of dollars for research into medicine and science unless they turned control over to the federal government.

But, as the song says, “We believe in local control!”

The Department of Political Science at the University of Gothenburg in Gothenburg, Sweden, publishes an annual report on the state of democracy around the world. In the recently published report, the authors made clear that democracy in the world is in retreat. Nowhere has it declined as dramatically as in the United States.

A special section of the report is focused on the United States. Under Trump, democracy in the USA is under attack. The President has centralized power in his office. The Republican-dominated Congress has ceded almost all of its Constitutional powers to Trump. The word “almost” may be an overstatement, as it’s difficult to remember an issue when Congress said no to a Presidential power grab.

The V-DEM report begins its special section about the “autocratization” of power in the United States:

*Under Trump’s presidency, the level of democracy in the USA has fallen back to the same level as in 1965.

Yet the situation is fundamentally different than during the Civil Rights era. In 2025, the derailment of democracy is marked by executive overreach undermining the rule of law, along with far-reaching suppression and intimidation of media and dissenting voices.

*The speed with which American democracy is currently dismantled is unprecedented in modern history.

*Legislative Constraints – the worst affected aspect of democracy – is losing one-third of its value in 2025 and reaching its lowest point in over 100 years.

*Civil Rights and Equality before the Law are also rapidly declining, falling to late 1960s levels.

*Freedom of Expression is now at its lowest level since the end of WWII.

*Electoral components of democracy remain stable. Election-specific indicators are re-assessed only in electoral years, and the 2025 scores are based on the quality of the 2024 elections.

The scale and speed of autocratization under the Trump administration are unprecedented in modern times. Within one year, the USA’s LDI score has declined by 24%; its world rank dropped from 20th to 51st place out of 179 nations. The level of democracy on the LDI is dwindling to 1965 level – the year that most regard as the start of a real, modern democracy in the USA.

Yet the deficiencies of American democracy today are fundamentally different from that of the Civil Rights era. As the V-Dem data and other evidence below show, the autocratization now is marked by executive overreach, alongside attacks on the press, academia, civilliberties, and dissenting voices.

The Most Dramatic Decline in American History

In 2023, the USA scored 0.79 on the LDI – shortly before the 2024 election year when first deteriorations were registered. The scores plummeted to 0.57 in 2025 (Figure 22). With such a sharp drop on the LDI, the level of democracy at the end of 2025 is back to the 1965 level. Symbolically, that is the year that most analysts consider the USA began its transition to a real democracy.

Democracy in the USA is now at its worst in 60 years. We are not alone in this assessment. Professor Steven Levitsky at Harvard University says the regime in the USA is now some type of authoritarianism. The Century Foundation argues that “American democracy is already collapsing…”

By magnitude of decline on the LDI, the 2025 plunge is the largest one-year drop in American history going back to 1789 – that is, in the entire period covered by V-Dem data. Only Trump 1.0 compares, when the LDI in the USA fell from 0.85 to 0.73 in four years, bringing the country back to its 1976 level and far below the regional average (Figure 22). American democracy survived Trump 1.0 but did not recover fully.

One notable shift is the transformation of the Republican Party to endorsing a far-right, nationalist, and anti-pluralist agenda. Nationalist, anti-liberal, far-right parties and leaders have largely driven the “third waveof autocratization.” Yet the USA stands out as the only case where such movement seized control over one party in a rigid two-party system.

Please open the link and read the report to review the sources and to understand how dramatically democracy has been undercut during the first year of Trump’s second term.

The Founding Fathers thought they had written a Constitution that would prevent the rise of tyranny. They were wrong.

The Century Foundation published an analysis of Trump’s federal voucher program, which explains why it is a hoax and a fraud. The authors are Kayla Patrick and Loredana Valtierra.

The promise it makes is that families and students will choose schools that are just right for them, but the reality is that schools choose the students they want.

The promise is that school choice will benefit black and brown children, as well as children with disabilities, but children abandon all civil rights protections when they enroll in private schools.

The promise is that schools of choice will produce better academic outcomes but typically they produce worse outcomes (see Josh Cowen, The Privateers).

The promise is that school choice represents accountability but it usually means no accountability at all, because nonpublic schools don’t take national or state tests.

Kayla Patrick and Loredana Valtierra write:

Modern school voucher programs are often framed as a response to declining academic achievement and a way to expand “parent choice” by enabling private educators to operate within the public system. But in practice, vouchers operate quite differently than advertised. It’s the private schools, not families, who ultimately decide who enrolls, and they do so outside the accountability systems that govern public education and public dollars and ensure every student has equal opportunity to learn.

The Federal Tax Credit Scholarship Program (FTCS), passed as part of the Republican Party’s “One Big Beautiful Bill” (OBBBA), scales this model for camouflaged privatization to the national level. Though branded as a tax incentive, it functions as a nationwide voucher system that diverts public dollars to private schools while allowing those schools to play by different rules than public providers—evading civil rights protections, academic oversight, and any requirement to provide meaningful evidence to the public of their students’ outcomes.

A National Voucher Program Disguised as a Tax Credit

The FTCS nationalizes a model that at least twenty states and counting –including Arizona, Georgia, Louisiana, and Pennsylvania – have already adopted, one which functions by siphoning public dollars through scholarship granting organizations (SGOs). Under this law, individual taxpayers can donate up to $1,700 annually to SGOs in exchange for a 100 percent federal tax credit, effectively turning private donations into reimbursed public expenditures.

SGOs then will distribute “scholarships” to K–12 students to use toward private school tuition, books, curriculum materials, tutoring or other educational classes, and educational therapies provided by licensed providers. While the program is optional for states, at least twenty-seven have already signaled their intent to participate.

[To see which states have expressed their intent to participate, open the link.]

Despite its branding, this design drains public revenue that would otherwise support public schools—which still educate roughly 90 percent of American students—and redirects it to private, religious, and largely unregulated providers. 

The program model also ignores what parents time and again have told us they want for their children. When given a direct choice at the ballot box, voters have repeatedly rejected school vouchers and related private-school subsidy measures. In the 2024 election, proposals to authorize or expand voucher-style programs in Colorado, Kentucky, and Nebraska were defeated, and historical ballot measure data show that voters have rejected every statewide private voucher or education tax credit initiative placed before them since 1970. This opposition is reflected in polling that shows nearly 70 percent of voters say they would rather increase federal funding for public schools than expand government-funded vouchers, including majorities across party lines.

[Open the link to see which states have held referenda on vouchers.]

Broad Eligibility, Few Quality Controls, and Limited Public Benefit

Even measured against its stated goal of affordability, the FTCS program misses the mark. But if the goal is to make education more affordable for families under real financial strain, this program is also ineffective. Private K–12 tuition averages nearly $13,000 per year nationwide, placing private schooling out of reach for many families even with a modest subsidy. Yet the tax credit is not targeted to families facing affordability pressures. It allows households earning up to 300 percent of area median income to qualify, a threshold that would make roughly 90 percent of U.S. households eligible. In high-income regions, families earning as much as $500,000 per year could receive publicly subsidized support for private education, while in a city like New York—where median income is about $81,000—families earning nearly $244,000 would qualify. At a time when families are struggling to afford groceries, housing, and child care, this program directs public dollars toward a limited use—private education subsidies for households that largely do not need the financial help—rather than toward measures that would help most families, like lowering child care or housing costs.

At a time when families are struggling to afford groceries, housing, and child care, this program directs public dollars toward a limited use—private education subsidies for households that largely do not need the financial help—rather than toward measures that would help most families, like lowering child care or housing costs.

At the same time, the program imposes no meaningful accountability requirements on participating schools. There are no academic performance standards, no transparency obligations, and no requirement to evaluate outcomes. In contrast to nearly every other federal program serving children, from Title I to Head Start, this is public spending without public oversight. Federal programs historically are monitored for fiscal, quality, and sometimes for safety compliance by the agency with charge over the program. In this case, U.S Department of Education (ED) expertise plays no role in oversight of new national policy for education.1

What State Leaders Can and Cannot Control

FTCS offers a tempting hook for well-intentioned state policymakers as well: Some governors and state legislatures may view the tax credit as a way to unlock new resources for priorities like tutoring or after-school programs. In practice, however, it offers no new, flexible funding for states and gives them little control over how public dollars are used. The law defines “scholarship-granting organizations” so broadly that states cannot meaningfully restrict eligibility, set standards, or influence whether funds flow primarily to high-cost private schools rather than unmet public needs.

Once a state opts in, its role is largely administrative and unfunded. States receive no resources to carry out oversight, cannot impose safeguards, and must submit eligible organizations to the U.S. Treasury without authority to shape program design or accountability. Far from being additional education funding that states need, opting in requires that states absorb the fiscal, administrative, and equity consequences of a federal program they are unable to direct or correct. It is not “free money” for states. The opt-in decision is therefore the only meaningful leverage states have—and governors should use their right to refuse to play along in order to protect their public education systems.

Why Oversight and Accountability Matters

Public funding should never function on a good-faith system. It’s very simple: in good policymaking, whenever taxpayer dollars are allocated, oversight measures are put in place to make sure those dollars are spent in the way intended. We already know from numerous examples in the school choice policy space itself that no accountability means that those who need the help the least receive the most benefit.

Eighteen states have a universal private school choice program. Unfortunately, states that have expanded vouchers or education savings accounts with minimal oversight have already seen waste, fraud, and abuse. Arizona’s universal Empowerment Scholarship Account (ESA) program, for instance, has minimal controls, audit practices that automatically approve reimbursements, and has been linked to purchases of non-educational items like diamond rings, televisions, and even lingerie with taxpayer funds, prompting investigations by the state attorney general. Rather than lowering costs for families, the program has generated ballooning expenses for the state and contributed to a growing budget crisis—with no measurable benefit to students at all.

Similarly, the federal Charter Schools Program has repeatedly been shown to lack meaningful accountability, with investigations and audits documenting hundreds of millions of dollars wasted on schools that never opened or closed prematurely, and charter networks facing conservatorship over financial mismanagement and self-dealing. These outcomes are the predictable result of public dollars flowing to private operators without meaningful oversight.

Decades of research on voucher programs show mixed or negative academic outcomes, particularly in math and reading, and no evidence that vouchers close opportunity gaps. In Louisiana, Indiana, and Ohio, studies found declines in student achievement following expansions in voucher programs. Students in Louisiana’s voucher program experienced drops in both math and reading in their first two years, while voucher students in Indiana and Ohio performed worse than comparable peers who remained in public schools. 

The program nationalizes an unproven experiment while insulating it from the very safeguards that exist to protect students and taxpayers alike.

Taken together, these examples underscore why oversight and accountability are not optional when public dollars are at stake. The FTCS program includes no meaningful accountability, evaluation, or research requirements to justify an estimated $26 billion cost to taxpayers. Without data on student learning, fiscal integrity, or long-term outcomes, the public has no way to assess whether this investment is helping students or simply reshuffling them across systems while diverting resources away from the public schools that serve most children and toward unknown corporate interests.2 In effect, the program nationalizes an unproven experiment while insulating it from the very safeguards that exist to protect students and taxpayers alike.

Who Profits When Public Dollars Become Private Subsidies?

Another consequence of turning public education dollars into private subsidies is that it creates a lucrative marketplace for the companies that manage these voucher systems. A handful of firms have seized on state voucher expansions to secure multimillion-dollar contracts, turning what was pitched as a cost-saving policy into a business opportunity for tech and finance intermediaries. These companies often have limited experience running education programs, and in some states have faced scrutiny over operational problems, questionable spending controls, and high administrative costs. 

This track record raises questions about whether families truly benefit from FTCS’s model. It would seem the opposite: it diverts taxpayer dollars into private profit streams instead of lowering education costs for struggling families. Instead of more wasteful government contracts, these dollars should be used to improve neighborhood schools by hiring high-quality educators, increasing after school programs, expanding pre-K, and hiring mental health professionals.

A Tax Policy Not Designed to Support Education

Congress gave sole interpretive authority for this program to the U.S. Treasury Department, deliberately excluding the U.S. Department of Education and its education-specific expertise. As a result, a major national education policy will be implemented through the tax code, with limited attention to accountability, equity, or educational impact. While advocates have urged the Treasury Department to include stronger transparency, safeguards, and state authority, it is unlikely those measures will be adopted to address the program’s core design flaws.

This use of the tax code stands in sharp contrast to prior policies that successfully supported children and families. The 2021 expanded Federal Child Tax Credit helped to lift more than 2 million childrenout of poverty and reduced the country’s child poverty level to a historic low of 5.2 percent. This program will likely do the opposite. Research shows that private school voucher programs disproportionately benefit wealthy families. Consistent with many other provisions in the law, Congressional Republicans have chosen to prioritize a tax break that disproportionately benefits the wealthy, over nearly every other form of charitable giving, such as donations to food pantries, hospitals, or community services.

By incentivizing families to exit public schools, the voucher tax credit also undermines the financial stability of those schools, particularly in rural and high-need communities. Because education funding is largely enrollment-based, even modest shifts can lead to school closures, consolidations, and reduced services. This leaves behind those families who don’t have the time or resources to navigate private systems, and asks taxpayers to reimburse private donations on top of existing public education costs.

Civil Rights Protections Are Excluded

Public schools that receive federal funding are required to comply with federal civil rights laws, including Title VI and Title IX of the Civil Rights Act, the Individuals with Disabilities Education Act (IDEA), and Section 504 of the Rehabilitation Act. In 2024, ED received 22,687 civil rights complaints, including about 8,400 related to disability discrimination, reflecting just how often students and families rely on these protections. 

These laws require schools to take corrective action to prevent and respond to discrimination, provide accommodations and services to students, investigate complaints, and offer families meaningful avenues for recourse. This is what public accountability looks like in practice, and its success depends on ED’s legal authority and the staff capacity to respond when families ask for help.

By contrast, the OBBA does not require scholarship-granting organizations or the private schools and programs they fund to comply with these federal civil rights protections, even though they benefit from publicly subsidized dollars. This means that if a student experiences harassment or discrimination based on race, national origin, sex, religion, or disability, families may have little or no ability to hold private schools accountable or seek remedies comparable to those guaranteed in public schools.

Evidence from state voucher programs shows why this gap matters. An investigation in North Carolina found that voucher funds flowed to private schools that were significantly whiter than the communities they serve, reinforcing racial segregation rather than expanding opportunity. In the absence of enforceable civil rights guardrails, public funding supports exclusionary practices that would be unlawful in public schools.

The Cost to Public Schools and Communities

Ultimately, this voucher/tax credit perpetuates a broader pattern of states, in addition to the federal government, stepping back from their responsibility to fully fund and strengthen public schools. Rather than address the systemic problems that perpetuate low-performing schools, it treats educational inequity as a series of individual problems to be solved by sending public dollars to private education. No matter how the administration spins it, these programs fail to prioritize students from lower-income families while simultaneously subsidizing private education for higher-income families. It invites taxpayers to feel as though they are helping children access opportunity, while leaving the underlying inequities in public education unresolved and, in many cases, deepened.

[Open the link to see data on source of insurance.]

This tax credit is projected to cost $26 billion, which is a high price tag that instead could be doing real good in public schools. If Congress instead invested this through Title I, that money would amount to roughly $1,238 per student in schools serving low-income communities. Research shows that investments of this size improve reading and math outcomes. In other words, we know how to use public dollars to help students succeed. This policy chooses not to.

Imagine putting that $26 billion, the lowest estimated cost of the tax credit over ten years, toward Title I, the federal program that benefits most public schools. That would more than double Title I’s current funding at $18.4 billion. Title I’s flexibility allows schools to meet their specific needs to improve student achievement: more teachers, aides, professional development, wraparound services, and more. 

IDEA is supposed to fund 40 percent of each student’s special education each year, but the federal government has never met that promise. Current funding at $14.2 billion amounts to less than 12 percent of the promise. However, adding $26 billion to IDEA would almost triple current funding and completely close the gap. 

We know that the unprecedented funding from the American Rescue Plan and other COVID relief packages will make a major return on investment: every $1,000 invested per student will be worth $1,238 in future earnings. That funding also required states to at least maintain their education budgets at prior funding so that the federal investment would not replace their responsibility and effort, but work together. The FTCS model completely disregards these precedents, and their values.

The Federal Tax Credit Scholarship Is a Heist Taken Straight from the Right’s Privatization Playbook

The Federal Tax Credit Scholarship program follows a familiar privatization strategy. It routes public dollars to private actors while stripping away the oversight, transparency, and civil rights protections that normally accompany public investment. Framed as generosity and choice, it instead creates a system in which taxpayers assume the cost while private schools and intermediaries operate largely beyond public accountability.

The program recreates many risks at a national scale. The schools and organizations receiving these publicly subsidized funds are not required to demonstrate academic results, comply with federal civil rights law, or provide transparency about how dollars are spent. Families are left without protections, taxpayers without accountability, and policymakers without evidence that the investment is improving student outcomes.

When public dollars are transformed into lightly regulated private subsidies, they invite exploitation. The Federal Tax Credit Scholarship is not an isolated policy choice: it follows a pattern of policies that weaken, and normalize weakening, public education while insulating private actors from responsibility. History shows where this path leads: higher costs, weaker safeguards, and fewer assurances that public investments serve the public good.

Notes

  1. The Trump administration has taken multiple actions to reduce the role of the U.S. Department of Education, including firing staff and reassigning education programs and staff to other agencies through interagency agreements (IAAs) without congressional authorization. Such actions raise legal and governance concerns and further erode the education-specific expertise, oversight, and accountability that Congress has historically vested in ED.
  2. Under the OBBA, the federal tax credit for contributions to SGOs applies to individual taxpayers. The law does not provide separate federal tax credit rules for corporate contributions; whether and how corporations might participate or benefit may depend on future Treasury and IRS regulations and state tax policies. Many states currently allow corporate contributions to SGOs.
Read more about Kayla Patrick

Kayla Patrick, Contributor

Read more about Loredana Valtierra

Loredana Valtierra, Contributor

The Trump administration never ceases to amaze with its far-rightwing policies and its uncontrolled militarism. Trump ran as an anti-war candidate, yet here we are in another war in the Middle East. Trump said no one has done more for Black peoples than himself, yet Jan Resseger shows that he is reversing civil rights policies in every arena. To no one’s surprise, Trump appointed Harmeet K. Dhillon, a lawyer who has litigated against civil rights policies, to lead the Justice Department’s Office for Civil Rights.

Resseger writes:

At the Brookings Institution’s Brown Center on Education Policy, Rachel Perera disdains the Trump administration’s, “unprecedented effort to repurpose federal anti-discrimination law to reverse longstanding efforts to promote equality in public life… Federal laws prohibiting racial and sex-based discrimination are being used to withhold federal funding from schools  and colleges without even the facade of an investigation… (C)olleges that didn’t crack down on student protests against the war in Gaza are being punished for ‘antisemitism’; school districts with transgender-inclusive policies are being denounced for sex-based discrimination against girls; and schools and colleges pursuing racial equity… are being accused of racial discrimination against white and Asian students. All the while, legitimate complaints of discrimination are piling up (at the Office for Civil Rights).”

Vague federal threats to scrub hiring practices and programming said to promote “diversity, equity, and inclusion” have produced a McCarthy-era level of fear that has undone academic freedom, undermined hiring practices, threatened the jobs of school teachers, college professors, and even university presidents, and resulted in significant cuts to federal dollars that we all count on to pay for essential programs in the nation’s public schools and colleges and universities.

Last week Laura Meckler and a team of Washington Post reporters surveyed the impact of Trump administration policies on university hiring practices: “When President Donald Trump took office last year, America’s research universities were in the midst of an aggressive quest to hire more Black and Latino professors. All but three of the 187 most prominent schools had made public commitments…. Now most of these efforts are on ice or abandoned…. Of the 184 universities that made faculty pledges at least 108 have fully or partially rolled them back…. In 2020, the University of Virginia vowed to double the number of underrepresented faculty… ‘We must be a community that is diverse, inclusive, and equitable,’ Jim Ryan, then-president of U-Va., wrote at the time. ‘Diverse because talent exists all around the globe and within every demographic, and because the very best ideas emerge from the consideration of diverse viewpoints and perspectives.’  Under pressure from the Trump administration and the state, U-VA. ended its DEI programs last year…. Ryan resigned.”

Meckler and her colleagues describe how slowly racial and ethnic diversity has increased among the faculty at American universities: “Before the concentrated push began, the share of Black and Hispanic professors at top research universities barely moved—inching up 1.7 percentage points between 2005 and 2015.  There was slightly more growth after the wave of university commitments. Between 2015 and 2024, the most recent year for which data is available, the share of Black and Hispanic professors increased by 3.1 percentage points. Absent focused diversity effort, faculties will remain overwhelmingly white, said Freeman Hrabowski, president emeritus of the University of Maryland at Baltimore County and a national leader on faculty recruitment. ‘People tend to choose people who look just like themselves,’ he said. ‘That’s just nature.’ “

While most job openings at the nation’s colleges and universities continue to be filled by white candidates, in a lawsuit that would have been unheard of a year ago, a white biologist, with legal representation from the America First Policy Institute (where Education Secretary Linda McMahon was formerly president of the board), recently sued Cornell University for violating the Civil Rights Act by favoring candidates of color and discriminating against him for being white. Meckler reports: “Colin Wright, the plaintiff, was a postdoctoral researcher… at the time. He said he was seeking an academic job and was well qualified for the tenure-track position that Cornell allegedly filled without ever posting the job publicly, as was required by university policy. Attorneys for the America First Policy Institute… contend that internal documents classified a list of candidates by race, ethnicity, disability status, and sexual orientation.”

The impact of the Trump administration’s rollback of civil rights protections is not limited to faculty hiring. In late January, the NY Times‘ Sarah Mervosh tracked a lawsuit filed by “the 1776 Foundation, a group that opposes racial preferences in education,” against the Los Angeles City School District: “A decades-old policy meant to combat the harms of school segregation in Los Angeles was challenged in federal court by a conservative group that says the policy discriminates against white students. The policy dates back to the 1970s, when the Los Angeles school district… was under a court order to desegregate and improve conditions for students of color… The plaintiffs argue that students at schools with more white students receive ‘inferior treatment and calculated disadvantages’… A 2023 Supreme Court decision outlawing race-based affirmative action in college admissions has galvanized conservative groups and the Trump administration, which has pushed to apply the ruling beyond college admissions.”

Finally, there is the Trump administration’s fight with the nation’s universities and especially with Harvard, which has refused to capitulate to the President’s demands.  For refusing to cave in, Harvard University has reaped the Trump whirlwind. The conflict began as the Trump administration attempted to punish the university for failing to contain demonstrations during the war between Israel and Palestine. The Department of Education subsequently launched an attempt to force a number of universities to comply with the Trump administration’s redefinition of the meaning of the 2023 Supreme Court decision in Students for Fair Admissions v. Harvard by insisting that it ban not just affirmative action in student admissions but also now eliminate all programs that promote ‘diversity, equity and inclusion.’ Several universities and a mass of public school districts have submitted to the President’s demands, but Harvard, so far, has stood firm.

The NY Times‘ Alan Blinder summarizes the Trump administration’s year-long attack on Harvard: “The Trump administration’s biggest target has been Harvard…. The dispute erupted after Harvard rejected Trump administration proposals, including one for the use of an outsider to audit ‘programs and departments that most fuel antisemitic harassment or reflect ideological capture.’ The government also wanted Harvard to curb the power of its faculty and report international students who commit misconduct. The Trump administration almost immediately began cutting off billions in funds… Harvard sued the administration over the cuts. In September, a federal judge in Boston broadly ruled in Harvard’s favor, and research money is largely flowing again. The administration filed a notice of appeal in December. But the administration’s onslaught goes beyond research funding… Mr. Trump has also threatened Harvard’s tax-exempt status. His administration has also tried repeatedly to bar the university from enrolling international students. A federal judge in Boston has blocked those efforts. In June, Harvard and the White House began discussing the possibility of a settlement… Harvard told the government that it is willing to spend $500 million… to go toward work force programs. But the Trump administration shifted its demands… demanding that $200 million be paid directly to the government.”

Last week in a pair of reports, here and here, a team of NY Times reporters covered the latest developments in the President’s attack on Harvard.  The Times reporters described what appeared perhaps to be Trump’s willingness to backtrack “on a major point in negotiations with Harvard, dropping his administration’s demand for a $200 million payment to the government in hopes of finally resolving the administration’s conflicts with the university.” The reporters added: “The White House’s concession comes amid sagging approval ratings for Mr. Trump, and as he faces outrage over immigration enforcement tactics and the shooting deaths of two Americans by federal agents in Minnesota.”  The president responded with outrage on Truth Social: “Strongly Antisemitic Harvard University has been feeding a lot of ‘nonsense’ to The Failing New York Times… We are now seeking One Billion Dollars in damages, and want nothing further to do, into the future, with Harvard University.”

No one believes the Trump administration is permanently backing off its attack on Harvard University and the Trump administration’s attack more broadly on equity, diversity, and academic freedom.  However, Harvard’s dogged refusal to capitulate to the Trump administration has proven a model for other university leaders who are realizing that conceding to the Trump administration’s demands erodes academic freedom, undermines their autonomy, undermines the rights of their faculty, and threatens programs that protect equity and inclusion among their students.

In late January the American Council on Education (ACE) joined 22 other national higher education associations to file “an amicus brief with the U.S. Court of Appeals for the First Circuit supporting  Harvard University in its lawsuit challenging a Trump administration effort to bar international students from attending.”  The American Council on Education explains why it is urgently important to support Harvard University in this case:

“ACE and the other higher education associations focus on the extraordinary implications of the case for colleges and universities nationwide, not just Harvard. The brief argues that the First Amendment protects the autonomy of educational institutions to govern themselves free from unwarranted federal intrusion, and that this autonomy is essential to the nation’s academic, scientific, and civic interests… The (presidential) proclamation reflects an effort to punish a single institution for perceived viewpoints by leveraging immigration policy in a manner that would chill speech and academic decision-making across higher education… International students would remain eligible to enter the United states to study at any institution other than Harvard—underscoring, the associations argue, that the measure is punitive rather than regulatory in character… ACE and its co-signatories warn that allowing the proclamation to stand would have consequences far beyond this single case, creating a chilling effect on institutional governance, campus expression, and the free exchange of ideas. Colleges and universities, they argue, could face pressure to alter academic programs, research priorities, or campus policies to avoid becoming targets of similar executive action.”