Archives for category: Civil Rights

As expected, the US Supreme Court overturned Roe v. Wade, which stood for half a century as a guarantee of women’s reproductive rights. About half or more states have already passed or are about to pass laws banning abortions, even for women who were victims of rape or incest, even for women whose life is in danger. The “right to life” so prized by anti-abortion activists does not include the life of the woman.

As was not quite so expected, the Supreme Court gutted the Miranda rights of people who are arrested. Police may fail to tell prisoners of their legal rights, including their right to remain silent.

The Trump Court is remaking and redefining the law in a radical way. There is nothing “conservative” about their willingness to toss out precedent. There is something very radical about the jackhammer they are using to change social and legal norms.

Women will die because of the Court’s decision to throw out Roe, which several of them pledged in public not to do. The old coat hanger routine and the unlicensed abortionists will return. Women who can afford to flee to a state where abortion is available will do so. Those who can self-medicate with Internet anti-abortion drugs will do so, although some states are trying to ban Internet abortion drugs (will they open every package to every woman of child-bearing age?).

The Court’s decision on New York’s gun law is terrifying. Be prepared to see armed men (and women, don’t forget Congresswoman Lauren Bobert) strolling through your neighborhood or shopping malls. If the six justices actually think that open carry is a fine idea, why won’t they permit it in their own courtroom?

Make no mistake: the current majority on the Supreme Court is not conservative; it is radical, in its reckless disregard for precedent and the safety of citizens.

The Court is not libertarian; its decisions require millions of people to abide by their cramped view of the way things ought to be. The state must fund religious schools, no matter how bigoted and discriminatory they are, if the state funds any private schools. States and cities must not protect their public by enacting laws that prevent them from openly carrying a deadly weapon.

We can expect even more intrusive decisions, valuing property rights over human rights, corporate rights over workers’ rights.

We will be living with this narrow-minded, bossy, intrusive Court for many years. My generation has failed. I look to the enlightened young people, the product of America’s much-maligned public schools, to reverse course in the future and preserve this fragile experiment in democracy from the ideologues who seek to destroy it.

For an insightful assessment of how the Supreme Court’s decision on abortion will affect women in Texas, read this article in The Texas Monthly.

An excerpt:

An excerpt: As trigger laws go into effect around the country, Texans seeking surgical abortions will likely find themselves in either Kansas or New Mexico, the two nearest states where the procedure will remain legal—though both have a limited number of clinics, which is likely to make scheduling an appointment difficult. Kansas has four clinics, which currently serve 530,000 potential patients of reproductive age. Now the state’s clinics will be the nearest alternative for 7.7 million such patients, according to theGuttmacher Institute, a nonprofit group that researches reproductive health. New Mexico, which has seven clinics, will be the nearest option for 1.9 million potential patients, the vast majority of whom will be Texans.

What about abortion pills?

Medication abortions, which are nonsurgical and administered by taking a two-dose regimen of pills that terminate a pregnancy, are currently illegal in Texas after the seventh week of pregnancy; after HB 1280 goes into effect on July 24, medication abortions, which are currently the most common type of abortions in Texas, are included in the total ban on the procedure in the state.

As of last December, Texas law also forbids the shipment of pills that induce an abortion “by courier, delivery, or mail service.” It’s unclear how Texas officials plan to enforce this law, as many U.S. and international organizations offer the pills by mail, or whether those who seek care after a self-administered abortion could face criminal charges under HB 1280, depending on how the law is applied.

Legislators see the Supreme Court ruling as a green light to outlaw abortion and criminalize anyone who performs one. The penalties are as stiff as murder.

Charles P. Pierce is a super writer who is smart and insightful, especially when he writes about education. He writes regularly for Esquire. In this post, he slices and dices the absurdity of the Carson vs. Makin ruling that compels Maine to pay tuition for students at evangelical Christian schools that openly discriminate against students, families, and teachers who do not share their religious views. The six justices in the majority are certainly not Originalists. Their decision overturns a key principle embedded in the Constitution, which prohibits the state from sponsoring or “establishing” religion.

He writes:

It’s been a big week for Christian nationalism in our politics. In the case of Carson v. Makin, which involved a Maine law that forbade public money to go to religious schools, the Supreme Court ruled that the Establishment Clause of the United States Constitution is…unconstitutional. The Court’s carefully engineered conservative majority has been heading in this direction, finding anti-religious—primarily anti-Christian—discrimination in laws deliberately written to be religiously neutral. This was a pole-vault over that line, and one that conceivably could threaten public education as a whole. Writing for the majority, Chief Justice John Roberts said:

This case concerns two families that live in SAUs that neither maintain their own secondary schools nor contract with any nearby secondary school. Petitioners David and Amy Carson reside in Glenburn, Maine. When this litigation commenced, the Carsons’ daughter attended high school at Bangor Christian Schools (BCS), which was founded in 1970 as a ministry of Bangor Baptist Church. The Carsons sent their daughter to BCS because of the school’s high academic standards and because the school’s Christian worldview aligns with their sincerely held religious beliefs.

Translation: the school discriminates against LGBTQ citizens. Here, from a brief filed in this case, is what Bangor Christian Schools are up to.

BCS believes that a student who is homosexual or identifies as a gender other than on his or her original birth certificate would not be able to sign the agreement governing codes of conduct that BCS requires as a condition of admission.

If a student was openly gay and regularly communicated that fact to his or her classmates, “that would fall under an immoral activity” under BCS’ Statement of Faith and if “there was no change in the student’s position” after counseling, the student would not be allowed to continue attending BCS.

BCS does not believe there is any way to separate the religious instruction from the academic instruction – religious instruction is “completely intertwined and there is no way for a student to succeed if he or she is resistant to the sectarian instruction.”

One of the objectives in the ninth-grade social studies class is to “[r]efute the teachings of the Islamic religion with the truth of God’s Word.”

Shrug, says John Roberts. Pay up, suckers.Me? I am planning to open a taxpayer-funded madrassa out in the woods somewhere. I’ll keep you advised.

Open the link. The post has an interesting take on Herschel Walker and on Arizona official Rusty Bower’s view that the Constitution was divinely inspired.

Dean Obeidallah, a regular contributor to CNN, describes the Texas GOP’s defiant rejection of democracy. In an earlier post, I pointed out that the state convention booed Senator Jon Cornyn for daring to negotiate a bipartisan gun control deal (which did not include any of President Biden’s demands). That was the mildest of their actions.

He writes:

CNN) – Disturbing video from the Texas Republican Convention this weekend shows convention-goers mocking GOP Rep. Dan Crenshaw — a Navy SEAL veteran who lost his right eye to a bomb in Afghanistan — with the term “eye patch McCain.”

Fox News’ Tucker Carlson coined the derisive nickname after the Texas lawmaker dared to express support for beleaguered Ukraine following Russia’s barbaric attack on it.

But apparently even more heinous in the eyes of some attendees is that Crenshaw rejected former President Donald Trump’s claims that the 2020 election was stolen. One man wearing a red “Make America Great Again” hat can be seen yelling in an online video, “Dan Crenshaw is a traitor!” and “He needs to be hung for treason!”

As despicable as the behavior toward Crenshaw was, even more alarming were the actions taken by the Texas GOP and the convention’s 5,000-plus delegates.

The gathering rejected the outcome of a democratic election, supported bigotry toward the LGBTQ community and imposed far-right religious beliefs on others by seeking to have them enshrined into law. And that wasn’t half of it.

In fact, the convention showed us one thing: Texas Republicans are no longer hiding their extremism. Instead, they are openly embracing it.

Even before the opening gavel, they gave us a glimpse of the party’s extremism in the Lone Star State by banning the Log Cabin Republicans from setting up a booth at the convention.

Texas Republican Party Chairman Matt Rinaldi cast the deciding vote on the move to bar the group that has advocated for LGBTQ Republicans for decades. “I think it’s inappropriate given the state of our nation right now for us to play sexual identity politics,” Rinaldi told the Fort Worth Star-Telegram.

Once it formally got underway, the convention took a number of appalling and un-American actions. First, delegates approved a measure declaring that President Joe Biden “was not legitimately elected.” In short, the Texas GOP — like Trump himself — is embracing a lie because it’s unhappy with the election results. Put more bluntly, the Texas GOP voted to reject American democracy.

Republican delegates also booed John Cornyn, the senior US senator from Texas, at the convention Friday because of the Republican lawmaker’s role leading negotiations to reach a Senate deal on a bill to stem gun violence. Those legislative efforts follow last month’s horrific shooting that claimed the lives of 19 schoolchildren and two teachers in Uvalde, Texas.

The platform approved at the convention called for repealing or nullifying gun laws already in place, such as the Gun Control Act of 1968, which prevents felons and other dangerous people from being able to purchase a gun legally. Apparently, the Texas GOP believes that even dangerous people should have a constitutionally protected right to buy a gun.

The Texas GOP platform also embraced ramping up anti-abortion rhetoric in public schools. For example, the platform states that “Texas students should learn about the Humanity of the Preborn Child, including … that life begins at fertilization.” It even seeks to force students to watch “a live ultrasound” and for high-schoolers to read an anti-abortion booklet that critics say “includes scientifically unsupported claims and shames women seeking abortion care,” according to The Texas Tribune.

It sounds like the curriculum that you might find in a theocratic government such as the Taliban — not one in the United States funded by taxpayer dollars. But the GOP in large swaths of this country is no longer hesitant to support laws to impose its religious beliefs — as we see with measures some Republicans champion that would totally ban abortion. The GOP convention’s document additionally urges officials “not to infringe on Texas school students’ and staffs’ rights to pray and engage in religious speech.”

The Texas GOP platform also does its best to demonize those in the transgender community. It describes transgender people as suffering from “a genuine and extremely rare mental health condition.” And it sees sexual reassignment surgery as a form of medical malpractice.

The platform takes aim at gay Americans as well with the statement that homosexuality is “an abnormal lifestyle choice.” Instructively, the Texas GOP platform did not include such language in 2018 and 2020.

This platform gives us a glimpse into the views of the Republican base on key issues that in turn will pressure GOP elected officials in Texas — and possibly beyond the state — to adopt similarly extreme positions or run the risk of a primary challenge from an even more extreme Republican.

What caused this move to the far right? Brandon Rottinghaus, a political scientist at the University of Houston, told The Texas Tribune about the state GOP’s new extreme platform, “Donald Trump radicalized the party and accelerated the demands from the base.” He added alarmingly, “There simply aren’t limits now on what the base might ask for.”

I agree — in part. I don’t think Trump radicalized the base — rather he simply gave people permission to be who they always wanted to be.

But I agree with Rottinghaus that there are now no limits for what the GOP base might seek — be it rejecting election results it doesn’t agree with to enacting more laws based on extreme religious beliefs. And that should deeply alarm every American who wants to live in a democratic republic.

The convention also issued a call to repeal the 1965 Voting Rights Act, which guaranteed the right to vote for every citizen of voting age.

The only thing the Texas GOP neglected to do was pass a resolution congratulating the shooter at Uvalde for exercising his “God-given right” to use his AR15 as he saw fit.

I am tired of rightwing politicians distorting our language to suit their bigoted ideology.

They have the nerve, for example, to quote Dr. Martin Luther King Jr. when he spoke at the March on Washington in 1963 and said he hoped for the day when his children would be judged by the content of their character, not the color of their skin. Dr. King was projecting a vision of a world without racism, when people would see each other as friends, neighbors, and fellow human beings.

But rightwing politicians twist his words to insist that we should ignore racism right now, stop teaching about it, and pretend it does not exist. They use his words to justify prohibitions on teaching about or discussing the racism in the here and now. They use his appeal for an unrealized future to blind us to a cruel present.

I propose that we make a conscientious effort to reclaim the plain meaning of words.

One of the hot-button words that has been appropriated by rightwing politicians is “woke.” They are trying to turn it into a shameful word. I looked up the definition of WOKE. It means being aware of injustice and inequality, specifically when referring to racism. I strive to be aware of injustice and inequality and racial discrimination and to do whatever I can to change things for the better. Shouldn’t we all do that?

My acronym for WOKE is “Wide Open to Knowledge and Enlightenment.”

What would you say about someone who is not WOKE? They are “asleep,” “unconscious,” “indifferent.” They are “Mind Closed, Mouth Open.”

Yes, I am WOKE. I want Dr. King’s dream someday to be true. It is not true now.

Governor Ron DeSantis of Florida believes it is terrible to be woke. He demeans those he says are woke. He claims that the woke are politically correct and are intimidated by organized efforts to reduce racism in schools and the workplace. He thinks that being woke is so dreadful that it must be made illegal.

He urged the Florida legislature to pass “anti-woke” legislation in March. And they did. The so-called STOP WOKE” Act means “Stop the Wrongs to Our Kids and Employees Act.”

This legislation is intended specifically to silence discussions and study of racism. It bans the teaching of critical race theory in schools and colleges and bans diversity training in the workplace.

Governor DeSantis doesn’t want people to be opposed to injustice and inequality. He doesn’t want them to be opposed to racism. Such awareness makes some people feel uncomfortable, he says. We should teach nothing that makes anyone uncomfortable.

Who is uncomfortable when racism is discussed? In my experience, the people who don’t want any discussion of racism are either racist or are embarrassed by their acts of racism in the past.

To protect the tender sensibilities of white people, we must avoid any discussion that makes them or their children uncomfortable. We must not take the risk that they or their children might feel uncomfortable for terrible things that happened long ago. So don’t talk about them. Don’t read books that discuss slavery, the Ku Klux Klan, lynchings, or segregation. Don’t mention the distant past or the wrongs of the present. Don’t dare to talk about discrimination against black people, or the passage of laws that impair their right to vote, or the persistence of racially segregated schools.

Not only is it wrong to be woke, in the eyes of those who prefer to stifle all recognition of racial discrimination, it is absolutely forbidden for teachers or professors to examine the causes of racism and its persistence today in our laws and policies. Making a conscientious effort to understand the causes of racism and to seek remedies is called “critical race theory” (CRT).

The attacks on critical race theory are intended to intimidate teachers and to prevent students from learning about racism, past or present.

In states that have banned the teaching of critical race theory, the legislators can’t define CRT, so they make it illegal to teach “divisive concepts” or anything that makes some students “uncomfortable.”

When a white supremacist massacred ten Black people in Buffalo, New York, teachers in anti-CRT states were not sure if they were allowed to teach about what happened. Would they lose their jobs if they taught the truth?

The states that prohibit the teaching of critical race theory are banning the teaching of honest history, for fear that someone might be uncomfortable when they learn the facts about what was done to Black people in our history. Some states have explicitly banned Nikole Hannah-Jones’ “The 1619 Project,” because it might make some white people uncomfortable. I may be wrong, but I can’t recall a state that ever passed a law censoring a single book. This book is obviously very powerful and very frightening to those who feel the need to ban it. It cannot be refuted by the DeSantis faction so it must be banned.

The same states that want to ban honest teaching about racism are also banning books about gender identity and sexuality. The legislatures in Republican states think that the schools are filled with pedophiles. The rightwing zealots claim that teachers are “grooming” their students to become gay or transgender. They pass laws like Florida’s “Don’t Say Gay” law, which bans teaching about gender identity and sexuality in grades K-3 (where gender identity and sexuality are not taught) and tolerate only “age-appropriate” discussion of gender identity and sexuality in other grades.

Like the STOP WOKE law, the “Don’t Say Gay” law is vague, which makes teachers fearful of teaching anything related to gender or sexuality. If schools can’t teach about gender identity, then they cannot teach about married couples of any gender. If you take them literally, you should not refer to Moms and Dads, men and women. Dare we teach young children about heterosexuality? Apparently not, if you follow the letter of the law.

The groups that are behind these attacks are familiar to us. They are Moms for Liberty, Moms for America, Parents Defending Freedom, and a bevy of other groups funded by rightwing billionaires.

Not coincidentally, these are the same groups that are fighting to pass funding for charter schools and vouchers.

What is their motive? They want to destroy not only freedom of thought but public schools.

Recently, I watched the far-right provocateur Chris Rufo give a speech at Hillsdale College. He called on his audience to act in a speech titled “Laying Siege to the Institutions.” (Please watch it: https://www.youtube.com/watch?v=W8Hh0GqoJcE). Rufo claims credit for making CRT a national issue. He boasts that a few years ago, CRT had virtually no public recognition. Thanks to his lies and distortions, most people have heard of it and some think it is a radical, Marxist plot to destroy America by turning race against race. Because he says so.

This is absurd.

For the past four decades, CRT was known as a law school study of the origins of systemic racism and the extent to which it is embedded in our laws and institutions. Its founder was Derrick Bell of Harvard Law School. He was a friend of mine. He was not a Marxist or a radical. He was a great American who wanted America to live up to its promises. Unlike Rufo, he didn’t believe in gag orders and bans. He believed in study, scholarship, debate and discussion.

Chris Rufo offers one solution to all the problems he sees: school choice.

To him, the public school is the most dangerous of all institutions, because it teaches equality, justice, and critical thinking. It teaches students to respect others. It teaches them to abhor racism and other forms of bigotry. It teaches students about American history without censoring the unpleasant and horrifying parts. The laws passed to ban CRT and to gag teachers have one purpose: Teach lies, not honest history.

Here is what I suggest.

Fight censorship.

Fight privatization of our public assets.

Read without fear.

Read “The 1619 Project,” which will open your minds. Read critiques of “The 1619 Project” by reputable scholars, not by rightwing ideologues.

Think about it. Discuss and debate the issues.

Say gay.

Stand up to the craven politicians who attack your freedoms.

Vote against them when you have the chance.

Fearlessly defend the freedom to read, the freedom to teach, and the freedom to learn.

Work towards the day when we treat each other with respect.

Wake up.

Now that conservative justices have a solid five votes on the Supreme Court (assuming that Chief Justice John Roberts will not join them on the most divisive issues), no prior decision is safe. American women had abortion rights for 49 years, and that right is on the verge of being nullified by Justices Alito, Thomas, Gorsuch, Kavanaugh, and Barrett.

Milton J. Valencia of The Boston Globe warns that the anti-abortion movement will not be satisfied until all abortions are ended, in every state.

The strongly worded legal language used in the draft Supreme Court opinion that appears to overturn nearly 50-year-old abortion-rights protections could provoke conservative efforts to enact a universal, nationwide abortion ban, according to legal and policy analysts on both sides of the political debate. They say the case has already galvanized advocates who want a federal law criminalizing abortion.

The Supreme Court, based on the draft opinion, appears set to not only uphold a controversial Mississippi law banning abortions after 15 weeks of pregnancy but also overturn the landmark 1973 Roe v. Wade decision that protected a person’s right to abortion. The court opinion suggests the question over abortion restrictions should be legislated at the state level.


The draft opinion was written by conservative Justice Samuel Alito and leaked to Politico, and legal analysts say it remains unclear whether the language will survive in a final court opinion. Even if it does, the ruling itself would not necessarily affect liberal states such as Massachusetts, which have built what are known as Roe protections of abortion rights into state law.

But the legal arguments cited in Alito’s opinion could give political momentum to efforts to enact a federal abortion ban similar to what Mississippi enacted — or, potentially, even more restrictive — on the grounds the fetus is an unborn human being with its own rights. Attempts to pass a federal ban have been proposed before but always failed under the protections of Roe v. Wade.

In his ruling, Alito argues a woman has no constitutional rights to an abortion and suggests that fetuses deserve protection. A federal ban based on the ruling could set up legal challenges of state laws that protect an individual’s right to decide. Massachusetts’ Constitution grants far broader legal rights than the federal Constitution allows, say legal observers, who point out the state was the first to legalize same-sex marriage. But federal law trumps state law.

“The court ruling signals to those in Congress that it’s providing a blueprint for those who want to take away the reproductive rights of all people,” said Carol Rose, legal director of the American Civil Liberties Union chapter in Massachusetts. “It suggests Justice Alito is providing something of a legal road map for people trying to criminalize abortion.”

Priscilla Smith, a former litigator in reproductive rights issues who now runs Yale Law School’s Reproductive Rights and Justice Project, said Alito appears to be “putting all the bread crumbs on the trail,” for what she called the decades-long conservative effort to ban abortion.

“This opinion is as outrageously conservative and extreme as it could get,” she said.

Here, according to Rose and Smith and other analysts, are the key concerns among abortion rights advocates with Alito’s draft opinion:

— The justice, and others who appear to be joining in on a majority decision, argue that there is no right to abortion spelled out in the Constitution, rejecting the argument — granted in Roe v. Wade — that a woman’s right to choose is an inherent, fundamental right built into broad due process rights to liberty. Alito’s determination, legal analysts say, undercuts the same legal principles that have affirmed other rights, such as the rights of people to choose whom they marry, or have sex with. Smith accused the court and antiabortion advocates of “cherry-picking” which fundamental rights they want to challenge, arguing that many rights are widely accepted even though they are not built into the Constitution.


Harvard legal scholar Laurence Tribe wrote on Twitter: “If the Alito opinion savaging [the Roe decision and similar cases] ends up being the opinion of the court, it will unravel many basic rights beyond abortion and will go further than returning the issue to the states: It will enable a GOP Congress to enact a nationwide ban on abortion and contraception.” Tribe added, “Predictable next steps after the Alito opinion becomes law: a nationwide abortion ban, followed by a push to roll back rights to contraception, same-sex marriage, sexual privacy, and the full array of textually un-enumerated rights long taken for granted.”

— Alito appears to refer to fetuses as human beings as a matter of traditional and common law and refers to a fetus as an “unborn human being,” which could give constitutional rights and protections to the fetus and set up legal challenges of state laws that do protect abortions. He refers to a fetus as being destroyed by abortion rights. Rose said the opinion fails to discuss the viability of a fetus. “They don’t distinguish whether you’re pregnant for one day or 24 weeks,” she said.

— The judge also appears to follow the originalist legal theory that matters not involving federal constitutional law should be decided by the states, writing, “It is time to heed the Constitution and return the issue of abortion to the people’s elected representatives.” But legal analysts say that reference to elected representatives, rather than state officials, opens the door for a Republican-controlled Congress to get involved. “This is not an originalist document, it’s an ideological document,” Rose said.

— The opinion would effectively call for what is legally known as a “rational basis for review” of future abortion restrictions, which is considered the lowest level of legal scrutiny, and it allows for little consideration of a person’s reproductive rights and factors an individual must consider in choosing whether to have an abortion. “It never talks about pregnant people’s bodily integrity, or autonomy, or forcing somebody to go to term. That’s really the huge shift,” Rose said.

Elizabeth Smith, director of state policy and advocacy of the Center for Reproductive Rights, an advocacy organization, said in a statement that, “Any scenario in which Roe v. Wade is overturned would open the door to a national ban — and we know that is the ultimate goal of the anti-abortion movement. For them, overturning Roe is just the beginning. They are determined to ban abortion in every state in the US.”

Jan Resseger, now retired, spent her career as an activist for social justice. Her recent essay was reposted by the Network for Public Education. It seemed appropriate to post it on the 68th anniversary of the Brown v. Board of Education Decision of 1954. In trying to assess the meager progress towards the ideals of Brown—specifically, equality of educational opportunity—she lays some of the blame on No Child Left Behind and the corporate school reform movement,

Jan Resseger attended the recent Network for Public Education conference, where she took inspiration from speaker Jitu Brown, director of the Journey for Justice Alliance. Reposted with permission.

She wrote:

A highlight of the Network for Public Education’s recent national conference was the keynote from Jitu Brown, a gifted and dedicated Chicago community organizer and the national director of the Journey for Justice Alliance. His remarks made me think about the meaning of the last two decades of corporate school reform and the conditions today in his city and here where I live in greater Cleveland, Ohio. It is a sad story.

Brown reflected on his childhood experience at a West Side Chicago elementary school, a place where he remembers being exposed to a wide range of information and experience including the study of a foreign language. He wondered, “Why did we have good neighborhood schools when I went to school but our kids don’t have them anymore? For children in poor neighborhoods, their education is not better.”

Brown described how No Child Left Behind’s basic drilling and test prep in the two subjects for which NCLB demands testing—math and language arts—eat up up more and more of the school day. We can consult Harvard University expert on testing, Daniel Koretz, for the details about why the testing regime has been particularly hard on children in schools where poverty is concentrated: “Inappropriate test preparation… is more severe in some places than in others. Teachers of high-achieving students have less reason to indulge in bad preparation for high-stakes tests because the majority of their students will score adequately without it—in particular, above the ‘proficient’ cut score that counts for accountability purposes. So one would expect that test preparation would be a more severe problem in schools serving high concentrations of disadvantaged students, and it is.” (The Testing Charade, pp. 116-117)

Of course, a narrowed curriculum is only one factor in today’s inequity. Derek W. Black and Axton Crolley explain: “(A) 2018 report revealed, school districts enrolling ‘the most students of color receive about $1,800 or 13% less per student’ than districts serving the fewest students of color… Most school funding gaps have a simple explanation: Public school budgets rely heavily on local property taxes. Communities with low property values can tax themselves at much higher rates than others but still fail to generate anywhere near the same level of resources as other communities. In fact, in 46 of 50 states, local school funding schemes drive more resources to middle-income students than poor students.”

Again and again in his recent keynote address, Jitu Brown described the consequences of Chicago’s experiment with corporate accountability-based school reform. Chicago is a city still coping with the effect of the closure of 50 neighborhood schools in June of 2013—part of the collateral damage of the Renaissance 2010 charter school expansion—a portfolio school reform program administered by Arne Duncan to open charter schools and close neighborhood schools deemed “failing,” as measured by standardized test scores. On top of the charter expansion, Chicago instituted student-based-budgeting, which has trapped a number of Chicago public schools in a downward spiral as students experiment with charter schools and as enrollment diminishes, both of which spawn staffing and program cuts and put the school on a path toward closure.

As Jitu Brown reflected on his inspiring elementary school experience a long time ago, I thought about a moving recent article by Carolyn Cooper, a long time resident of Cleveland, Ohio’s East Glenville neighborhood: “I received a stellar education in elementary, junior high, and high school from the… Cleveland Public School system… All of the schools I attended were within walking distance, or only a few miles from my home. And at Iowa-Maple Elementary School, a K-6 school at the time, I was able to join the French Club and study abroad for months in both Paris and Lyon, France… Flash forward to this present day… To fight the closure of both Iowa-Maple and Collinwood High School, a few alumni attended a school facilities meeting held in October 2019 at Glenville High School… Despite our best efforts, Collinwood remained open but Iowa-Maple still closed down… Several generations of my family, as well as the families of other people who lived on my street, were alumni there. I felt it should have remained open because it was a 5-Star school, offering a variety of programs including gifted and advanced courses, special education, preschool offerings, and Individualized Education Programs (IEPs).”

In his keynote address last week, Jitu Brown explained: “Justice and opportunity depend on the institutions to which children have access.” Brown’s words brought to my mind another part of Cleveland’s Glenville neighborhood less than a mile from Iowa-Maple Elementary School. If you drive along Lakeview Road between Superior and St. Clair Avenues, you see a neighborhood with older homes of a size comfortable for families and scattered newer rental housing built about twenty years ago with support from tax credits. You also see many empty lots where houses were abandoned and later demolished in the years following the 2008 foreclosure crisis. Separated by several blocks, you pass two large weedy tracts of land which were once the sites of two different public elementary schools—abandoned by the school district and boarded up for years before they were demolished. You pass by a convenience store surrounded by cracked asphalt and gravel. Finally you pass a dilapidated, abandoned nursing home which for several years housed the Virtual Schoolhouse, a charter school that advertised on the back of Regional Transit Authority buses until it shut down in 2018.

My children went to school in Cleveland Heights, only a couple of miles from Glenville. Cleveland Heights-University Heights is a mixed income, racially integrated, majority African American, inner-ring suburban school district. Our children can walk to neighborhood public schools that are a great source of community pride. Our community is not wealthy, but we have managed to pass our school levies to support our children with strong academics. We recently passed a bond issue to update and repair our old high school, where my children had the opportunity to play in a symphony orchestra, and play sports in addition to the excellent academic program.

Jitu Brown helped organize and lead the 2015 Dyett Hunger Strike, which forced the Chicago Public Schools to reopen a shuttered South Side Chicago high school. Brown does not believe that charter schools and vouchers are the way to increase opportunity for children in places like Chicago’s South and West Sides and Cleveland’s Glenville and Collinwood neighborhoods. He explains: “When you go to a middle-class white community you don’t see charter schools…. You see effective, K-12 systems of education in their neighborhoods. Our children deserve the same.”

In the powerful final essay in the new book, Public Education: Defending a Cornerstone of American Democracy, Bill Ayers, a retired professor of education at the University of Illinois, Chicago, agrees with Jitu Brown about what ought to be the promise of public education for every child in America:

“Let’s move forward guided by an unshakable first principle: Public education is a human right and a basic community responsibility… Every child has the right to a free, high-quality education. A decent, generously staffed school facility must be in easy reach for every family… What the most privileged parents have for their public school children right now—small class sizes, fully trained and well compensated teachers, physics and chemistry labs, sports teams, physical education and athletic fields and gymnasiums, after-school and summer programs, generous arts programs that include music, theater, and fine arts—is the baseline for what we want for all children.” (Public Education: Defending a Cornerstone of American Democracy, pp. 314-315) (emphasis in the original)

Tom Ultican, retired teacher of advanced mathematics and physics in California, is now a significant chronicler of the Destroy Public Education movement. He attended the recent national conference of the Network for Public Education in Philadelphia and recapitulates the excitement we shared at being in person after a 2-year hiatus.

After every conference, attendees say, “This was the best one yet.” They enjoy meeting people who are doing the same work to fight privatization of their public schools. By the end of the conference, attendees say they feel energized, hopeful, and happy to know that they are not alone.

I urge you to read Tom’s post. You will get a sense of the embarrassment of riches available to attendees.

I should add that the Nebraska Save Our Schools group shared the Phyllis Bush Award for Grassroots Activism. Nebraska is one of the few states that has managed to protect its public schools and keep out both charters and vouchers, despite being a Red State.

The Pastors for Texas Children, a co-winner of the award, has repeatedly blocked vouchers in the Texas Legislature and has consistently fought for funding for public schools. PTC has opened chapters in other Red states, where they mobilize clergy to support public schools.

A high point for me was interviewing “Little Stevie” Van Zandt, a legendary rock star and actor (“The Sopranos”), who is dedicated to getting the arts into schools, not as an extra, but across the curriculum. we had a wonderful conversation. He has funded lesson plans based on rock and roll, available free at his website TeachRock.

All of the general sessions were taped. I will post them when they become available.

Greg Brozeit notes here an alarming aspect implicit in the Alito draft decision overturning Roe v. Wade. His comment appeared on the blog. Alito and four other radical conservatives demonstrated that precedent and stare decisis mean nothing to them. Despite their assurances under oath to the Senators who interviewed them, the radical justices intend to overturn a right declared by the Supreme Court 49 years earlier. Never in the history of the Supreme Court has a right granted by the Court been overturned. This radical, reckless decision will set off more demonstrations and protests. Recent polls show that only about 20% of the nation believes that abortion should be banned under all circumstances. The rest believe that it should be safe and legal, with certain conditions, such as rape, incest, the life of the mother. The sweep of this unprecedented revocation will leave many people wondering what other prior decisions will be overturned.

Greg Brozeit writes:

Just as CRT is not about education, the Alito Roe draft is not about abortion. It is much bigger. Some of you come oh so close to crossing the rhetorical goal line. The real question is not if or why, but how this becomes a legal mallet that makes no decision “safe.”

If the wording “Roe was egregiously wrong from the start” remains intact in the final opinion, it basically creates a precedent that precedent no longer exists. It would effectively be the first mortal wound in the legal doctrine of stare decisis as a check on judicial power. Its goal is to make a mockery out of the idea of judicial review as to render it meaningless. It’s “reasoning” could seep into and dominate all law from civil to maritime to military. And it fits perfectly with ALEC’s strategy to marginalize judicial review with packaged, ready-to-go legislation for lazy, partisan, or stupid (or all of the above) statewide elected legislature or governor.

This was not a legal shot over the bow. It was a direct hit on democracy and left no doubt that the only thing this court wants more is a tailor-made case that will give them stronger legal “reasoning” to be even more draconian. That would be the only reason this language might not be in the final decision handed down. It would be a short-lived “victory” that would be a prelude to something even worse for average and poor Americans.

This is the typical drivel the DNC-driven agenda gives us, focusing on individual policies rather than the real existential threat to democracy the Republican Party poses from local government through the office of the presidency. Now as correct as we may be about the fate of women’s rights and as big as that issue is, this is about much, much basic stakes. The radical right and their few partners on the looney left understand this. Hardly anyone else, it seems, does. Or at the very least, they can’t identify the true threat this enemy is posing. If they do not win now or in the next elections, they will continue to poison and cripple the system until they do. That, it seems, is the best we can hope for now. A slow death with faint hope for a miracle recovery rather than an immediate plunge into fascism.

Women’s rights are going backward, in the United States and in Afghanistan.

Susannah George writes in The Washington Post that the Taliban have ordered women to wear clothing that completely covers their face and body. Meanwhile, the U.S. Supreme Court plans to prevent women from exercising control over their own bodies, the first time in the nation’s history that the High Court has removed a right from anyone. Zealots, zealots, everywhere.

ISLAMABAD, Pakistan — Muslim women in Afghanistan must cover from head to toe in public, according to a Taliban ruling announced Saturday, its latest move to constrain the lives of women since taking control of the country last year.
“This is not a restriction on women but an order of the Quran,” said Akif Muhajir, a spokesman for the Ministry of Virtue and Prevention of Vice, referring to the Taliban’s strict interpretation of Islamic law. “It is the order of Allah and the prophet Muhammad.”
The Taliban’s treatment of women has been a key point of contention as the group has pushed for formal international recognition and increased aid money to address the country’s spiraling economic crisis. When asked for greater engagement with the Taliban, the international community has repeatedly requested a demonstration of greater respect for women’s rights, among other things.

Judge Samuel Alito went out of his way to say that the decision to overturn Roe v. Wade would not affect other decisions, like contraception and gay marriage. But in the same decision, he asserted that the Constitution contains no “right to privacy,” on which these cases were built.

The Miami Herald interviews Jim Obergefell, the lead plaintiff in the gay marriage, who expressed his fear that the Court meant to strike down all rights based on the right to privacy.

In his draft decision overturning Roe v. Wade, Supreme Court Justice Samuel Alito tries to limit the blast radius of his ruling by writing that abortion is fundamentally different from other privacy matters — like contraception and marriage equality — that have historically challenged the court. “The abortion right,” Alito writes, is “critically different from any other right that this Court has held fall within the Fourteenth Amendment’s protection of ‘liberty.’” Overturning one, he says, would not necessarily undermine the others. Jim Obergefell doesn’t believe him.

The plaintiff in the landmark 2015 case before the Supreme Court that established same-sex marriage as a constitutional right now says he is tired, disheartened and terrified of what may come after reading Alito’s sweeping rationale in the draft decision published Monday by Politico. “I’ve been asked if I believe what he says in that decision — that this is specific to a woman’s right to an abortion, and really should not be used on marriage equality,” Obergefell told McClatchy in an interview. “I don’t believe that whatsoever, because so many of the things he says in that decision open the door to using those arguments against marriage equality. And where does it stop?”

“I’m terrified. I really can’t put it any more simply than that. I am terrified,” he continued. “Marriage equality, while we had it for seven years, clearly will not pass his definition of tradition or history.”

Obergefell v. Hodges was a landmark civil rights case that culminated after years of litigation in a 5-4 decision at the high court, requiring all 50 states and U.S. territories to perform and recognize same-sex marriages the same as opposite-sex marriages.

Alito dissented from that decision, and in a speech to the Federalist Society in 2020 criticized it once again. “You can’t say marriage is a union between one man and one woman,” he told the conservative organization. “Until very recently, that’s what the vast majority of Americans thought. Now it’s considered bigotry.”

At that time, Alito found himself in the minority. But the retirement of Justice Anthony Kennedy — who wrote the Obergefell decision and several other key gay rights decisions that preceded it — provided then-President Donald Trump with an opening to nominate a conservative replacement.

Trump chose Brett Kavanaugh, who currently supports the decision to overturn Roe that Obergefell now fears.

“All I have to say is, they said in their confirmation hearings that they considered Roe v. Wade settled law,” Obergefell said. “Clearly they were misleading the Senate — not being truthful — so regardless of what they said during their confirmation hearings about marriage equality.”

“Losing Justice Kennedy was a loss to the LGBTQ+ community because he was so instrumental in decisions bringing us forward as a nation and toward a more perfect union,” he added. Gay rights organizations told McClatchy they have been preparing for a decision ending Roe v. Wade for months, but were nevertheless stunned by the sheer sweep of Alito’s written opinion.

Top officials and attorneys at the Human Rights Campaign held an emergency huddle on Monday night when the leaked draft published, and both HRC and GLAAD leaders are working to mobilize support for protests around the country with pro-choice groups. “The fact that Alito in this decision takes the track that, if these fundamental rights that we enjoy in our nation are not specifically enumerated in our constitution, then they’re questionable and should only be based on our nation’s history and traditions – to me that is one of the scariest things to hear a Supreme Court justice say,” Obergefell said.

“The history and tradition in North America, in the land now known as the United States of America, was for white people to own black people. There’s a longer tradition there than there is of freedom,” he added. “So it’s just a terrifying thing.”

Read more at: https://www.miamiherald.com/article261132807.html#storylink=cpy