Archives for category: Civil Rights

A Trump-appointed judge overturned the Trump administration’s ban on policies of diversity, equity and inclusion in schools and colleges, according to Collin Binkley of the AP. Will her ruling stand?

WASHINGTON (AP) – A federal judge on Thursday struck down two Trump administration actions aimed at eliminating diversity, equity and inclusion programs at the nation’s schools and universities.

In her ruling, U.S. District Judge Stephanie Gallagher in Maryland found that the Education Department violated the law when it threatened to cut federal funding from educational institutions that continued with DEI initiatives.

The guidance has been on hold since April when three federal judges blocked various portions of the Education Department’s anti-DEI measures.

The ruling Thursday followed a motion for summary judgment from the American Federation of Teachers and the American Sociological Association, which challenged the government’s actions in a February lawsuit.

The case centers on two Education Department memos ordering schools and universities to end all “race-based decision-making” or face penalties up to a total loss of federal funding. It’s part of a campaign to end practices the Trump administration frames as discrimination against white and Asian American students.

The new ruling orders the department to scrap the guidance because it runs afoul of procedural requirements, though Gallagher wrote that she took no view on whether the policies were “good or bad, prudent or foolish, fair or unfair.”

Gallagher, who was appointed by President Donald Trump, rejected the government’s argument that the memos simply served to remind schools that discrimination is illegal.

“It initiated a sea change in how the Department of Education regulates educational practices and classroom conduct, causing millions of educators to reasonably fear that their lawful, and even beneficial, speech might cause them or their schools to be punished,” Gallagher wrote.

Democracy Forward, a legal advocacy firm representing the plaintiffs, called it an important victory over the administration’s attack on DEI.

“Threatening teachers and sowing chaos in schools throughout America is part of the administration’s war on education, and today the people won,” said Skye Perryman, the group’s president and CEO.

The Education Department did not immediately comment on Thursday.

The conflict started with a Feb. 14 memo declaring that any consideration of race in admissions, financial aid, hiring or other aspects of academic and student life would be considered a violation of federal civil rights law.

The memo dramatically expanded the government’s interpretation of a 2023 Supreme Court decision barring colleges from considering race in admissions decisions. The government argued the ruling applied not only to admissions but across all of education, forbidding “race-based preferences” of any kind.

“Educational institutions have toxically indoctrinated students with the false premise that the United States is built upon ‘systemic and structural racism’ and advanced discriminatory policies and practices,” wrote Craig Trainor, the acting assistant secretary of the department’s Office for Civil Rights.

A further memo in April asked state education agencies to certify they were not using “illegal DEI practices.” Violators risked losing federal money and being prosecuted under the False Claims Act, it said.

In total, the guidance amounted to a full-scale reframing of the government’s approach to civil rights in education. It took aim at policies that were created to address longstanding racial disparities, saying those practices were their own form of discrimination.

The memos drew a wave of backlash from states and education groups that called it illegal government censorship.

In its lawsuit, the American Federation of Teachers said the government was imposing “unclear and highly subjective” limits on schools across the country. It said teachers and professors had to “choose between chilling their constitutionally protected speech and association or risk losing federal funds and being subject to prosecution.”

In recent decades, many universities have sought to increase racial and ethnic diversity in their student body and faculty. In addition to grades and test scores, they looked at many other factors, such as talents, life experiences, meeting challenges. This process meant that more students of color were admitted, while some students with higher test scores were rejected.

The Trump administration adamantly opposes this process, known as affirmative action. Its view is that scores on the SAT and ACT and grades should be the most important, if not the only criteria for admission. Those scores, to Trump officials, are synonymous with merit. Any deviation from their view will be grounds for investigating violations of civil rights laws.

Sharon Otterman and Anemona Hartocollis reported in The New York Times yesterday:

As part of the settlements struck with two Ivy League universities in recent weeks, the Trump administration will gain access to the standardized test scores and grade point averages of all applicants, including information about their race, a measure that could profoundly alter competitive college admissions.

That aspect of the agreements with Columbia and Brown, which goes well beyond the information typically provided to the government, was largely overlooked amid splashier news that the universities had promised to pay tens of millions of dollars to settle claims of violations of federal anti-discrimination laws, including accusations that they had tolerated antisemitism.

The release of such data has been on the wish list of conservatives who are searching for evidence that universities are dodging a 2023 Supreme Court decision barring the consideration of race in college admissions, and will probably be sought in the future from many more of them.

But college officials and experts who support using factors beyond test scores worry that the government — or private groups or individuals — will use the data to file new discrimination charges against universities and threaten their federal funding.

The Trump administration is using every lever it can to push elite college admissions offices toward what it regards as “merit-based” processes that more heavily weigh grades and test scores, arguing that softer measures, such as asking applicants about their life challenges or considering where they live, may be illegal proxies for considering race.

The additional scrutiny is likely to resonate in admissions offices nationwide. It could cause some universities to reconsider techniques like recruitment efforts focused on high schools whose students are predominantly people of color, or accepting students who have outstanding qualifications in some areas but subpar test scores, even if they believe such actions are legal.

“The Trump administration’s ambition here is to send a chill through admissions offices all over the country,” said Justin Driver, a Yale Law School professor who just wrote a book about the Supreme Court and affirmative action and who said he believed that the administration’s understanding of the Supreme Court’s affirmative action decisionwas wrong. “They are trying to get universities to depress Black and brown enrollment.”

Jennifer Berkshire sums up the malicious goals that are embedded in Trump’s One Big Ugly Budget Bill. It will widen the distance between those at the bottom and those at the top. It will reduce the number of students who can pay for graduate degrees. All to assure that the very rich get a a tax break.

While the media may have moved on from the big awful bill that is now the law of the land, I continue to mull over its mess and malice. The single best description I’ve come across of the legislation’s logic comes from the ACLU’s Stefan Smith, who reminds us that the endless culture warring is all a big distraction. The real agenda when you add up all of the elements is “creating more friction for those climbing up the economic ladder in order to ease competition for those already there.” In the future that this legislation entrenches, rich kids will have an even greater advantage over their poor peers, of whom there will be now be many more. Smith calls this “reordering pipelines;” moving the rungs on the ladder further apart or kicking the ladder away works too. However you phrase it, our ugly class chasm just got wider by design.

This is why, for instance, the legislation includes seemingly arbitrary caps on how much aspiring lawyers and doctors can borrow in order to pay for school. By lowering that amount, the GOP just narrowed the pipeline of who can, say, go to med school. As Virginia Caine, president of the National Medical Association, bluntly put it: “Only rich students will survive.” Indeed, college just got more expensive and a lot less accessible for anyone who isn’t a rich student. Meanwhile, cuts to federal Medicaid funding will lead to further cuts in spending on higher education—the sitting ducks of state budgets—meaning higher tuition and fewer faculty and programs at the state schools and community colleges that the vast majority of American students attend. All so that the wealthiest among us can enjoy a tax cut.

This is also the story of the federal school voucher program that has now been foisted upon us. While the final version was an improvement over the egregious tax-shelter-for-wealthy-donors that the school choice lobby wanted, the logic remains the same, as Citizen Stewart pointedly points out:

It’s a redistribution of public dollars upward. And it’s happening at the exact moment many of the same politicians championing school choice are cutting food assistance, slashing Medicaid, gutting student loan relief, and questioning whether children deserve meals at school.

In their coverage of the new program, the education reporters at the New York Times, who’ve been pretty awful on this beat of late, cite a highly-questionable study finding that students who avail themselves a voucher are more likely to go to college. In other words, maybe vouchers aren’t so bad! Except that this sunny view misses the fast-darkening bigger picture: as states divest from the schools that the vast majority of students still attend, the odds of many of those students attending college just got steeper. That’s because as voucher programs balloon in cost, states confront a math problem with no easy answer, namely that there isn’t enough money to fund two parallel education systems. (For the latest on where the money is and isn’t going, check out this eye-opening report from FutureEd.)

Add in the Trump Administration’s decision to withhold some $7 billion from school districts and you can see where this is headed. In fact, when the folks at New America crunched the numbers, they turned up the somewhat surprising finding that the schools that stand to lose the most due to the Trump hatchet are concentrated in red states. Take West Virginia, for example, which is home to 15 of the hardest-hit districts in the land. The state’s public schools must 1) reckon with $30 + million in federal cuts even as 2) a universal voucher program is hoovering up a growing portion of state resources while 3) said resources are shrinking dramatically due to repeated rounds of tax cuts for the wealthiest West Virginians. That same dynamic is playing out in other red states too. Florida, which is increasingly straining to pay for vouchers and public schools, just lost $398 million. Texas, where voucher costs are estimated to reach $5 billion by 2030, just lost $738 million. While 28 states are now suing the administration over the funding freeze, no red state has spoken up.

Shrinking chances

On paper, budget cuts can seem bloodless. Part of the Trump Administration’s strategy is to bury the true cost of what’s being lost in acronyms and edu-lingo, trusting that pundits will shrug at the damage. But as states struggle with a rising tide of red ink, what’s lost are the very things that inspire kids to go to school and graduate: extra curriculars, special classes, a favorite teacher, the individualized attention that comes from not being in a class with 35 other kids. That’s why I’ve been heartened to see that even some long-time critics of traditional public schools are now voicing concern over what their destabilization is going to mean for students. Here’s Paul Hill, founder of the Center for Reinventing Public Education, warning that the explosion of vouchers in red states is going to have dire consequences, not just for students in public schools but for the states themselves:

Enrollment loss will likely reduce the quality of schools that will continue to educate most children in the state. States will be left with large numbers of students who are unprepared for college and career success. 

David Osborne, who has been banging the drum for charter schools since the Clinton era, sounds even more worried. 

Over time, as more and more people use vouchers, the education market in Republican states will stratify by income far more than it does today. It will come to resemble any other market: for housing, automobiles or anything else. The affluent will buy schools that are the equivalent of BMWs and Mercedes; the merely comfortable will choose Toyotas and Acuras; the scraping-by middle class will buy Fords and Chevrolets; and the majority, lacking spare cash, will settle for the equivalent of used cars — mostly public schools.

Meanwhile, the billions spent on vouchers will be subtracted from public school budgets, and the political constituency for public education will atrophy, leading to further cuts.

We’ve seen this movie before

Well, maybe not the exact same movie but a similar one. Anybody recall Kansas’ radical experiment in tax cutting? Roughly a decade ago, GOP pols slashed taxes on the wealthiest Kansans and cut the tax rate on some business profits to zero. Alas, the cuts failed to deliver the promised “trickle-down” economic renaissance. What they did bring was savage cuts in spending on public schools. As school funds dried up, programs were cut, teachers were pink slipped, and class sizes soared, all of which led to a dramatic increase in the number of students who dropped out. Meanwhile, the percentage of high schoolers going to college plunged. 

Young people in the state “became cannon fodder in the fight to redistribute wealth upward,” argues Jonathan Metzl, a scholar and medical doctor, who chronicled the impact of Kansas’s tax-cutting experiment in Dying of Whiteness. Just four years of school budget cuts was enough to narrow the possibilities for a generation of young Kansans. 

But by taking a chainsaw to the public schools, the GOP also gave rise to a bipartisan parent uprising. And not only were lawmakers forced to reverse the tax cuts and restore funding for schools, but voters, who could see with their own eyes what the cuts had meant for their own kids and kids in their communities, threw the bums out the next time they had a chance. Today we’re watching as a growing number of states, with the aid of the federal government and the ‘big beautiful bill,’ embark on their own version of the Kansas experiment—slashing spending, destabilizing public schools, and limiting what’s possible for kids. They’re betting that red state voters will fall in line, sacrificing their own schools, and even their own kids, to ‘own the libs.’ That’s what the ideologues in Kansas thought too.

As I’ve been arguing in these pages, Trump’s education ‘action items’ represent the least popular parts of his agenda. Eliminating the Department of Education is a loser with voters, while cutting funds to schools fares even worse. The idea of cutting funds in order to further enrich the already rich has exactly one constituency: the rich. As the MAGA coalition begins to fragment and fall apart, we should keep reminding voters of all colors and stripes of this fact.

Jan Resseger is a social justice warrior who worked for the United Church of Christ. In retirement, she writes lucid, carefully researched articles about social policy and its effect on the nation’s most vulnerable people.

I should post everything she writes but I miss some. Here is Jan on Trump’s Big Ugly Bill and how it will hurt the neediest children and families.

This article about Trump’s assault on civil rights law was posted by the National Education Policy Center.

She writes:

On Wednesday, April 23rd, President Donald Trump released an executive order banning the use of disparate impact when the Department of Education’s Office for Civil Rights investigates disparities in school discipline under the Civil Rights Act of 1964.

Under the concept of disparate impact, officials in the Office for Civil Rights have been able to document discrimination by measuring the effects of a school’s or school district’s discipline practice on the mass of the  school’s or school district’s students even when there is no proof that staff members intended to punish some students mores severely due their race or ethnicity or sexual orientation. Staff at the Brookings-Brown Center on Education Policy, Rachel Perera and Jon Valant, define “disparate impact”: “Disparate impact is the idea that school discipline policies that disproportionately harm students of color may constitute illegal racial discrimination even if those policies are… applied in an evenhanded way.”

Academic researchers have been examining unjust school discipline policies for decades. In 2014, the Civil Rights Project at UCLA described groundbreaking work to define “the school-to-prison pipeline” as a metaphor for disparate impact in discipline policies across many U.S. public schools. Researchers documented differences in the kind of punishment imposed on students based on their race or ethicity or disability: “The Civil Rights Project has been working on the school discipline issues since 1999, under the leadership of Daniel Losen. Research from CRP’s Center for Civil Rights Remedies… finds that far too many districts suspend students in droves, while many others have little or no racial disparities and adhere to the common sense philosophy that suspensions, expulsions and arrests are strictly measures of last resort.”

In her new book, Original Sins, sociologist Eve Ewing describes how a punitive, prison-like, school culture, including systemic disparate impact, can infuse a school’s treatment of different groups of students because individual teachers and staff just get caught in the system in which they operate every day: “As sociologist Carla Shedd has written, the ‘routines and rituals’ created by carceral logic—everything from interacting with police officers in schools to strict uniform codes of conduct—become integral to the way a school functions, and can ultimately undermine the ostensibly educational purpose of the school building by making students feel unsafe… From within the space of the school, such regimes of discipline can become so routine that they escape notice by those who are accustomed to them.” (Original Sins, pp, 156-157)

For decades, disparate impact in school discipline has been at the heart of many of the complaints filed and consent decrees established between school districts and the U.S. Department of Education’s Office for Civil Rights. But on April 23, as the NY Times’ Erica Green reports, “President Trump has ordered federal agencies to abandon the use of a longstanding legal tool used to root out discrimination against minorities, a move that could defang the nation’s bedrock civil rights law. In an expansive executive order, Mr. Trump directed the federal government to curtail the use of ‘disparate-impact liability,’ a core tenet used for decades to enforce the Civil Rights Act of 1964 by determining whether policies disproportionately disadvantage certain groups… ‘This order aims to destroy the foundation of civil rights protections in this country, and it will have a devastating effect on equity for Black people and other communities of color,’ said Dariely Rodriguez, the acting co-chief counsel at the Lawyers Committee For Civil Rights Under Law….”

Green explains: “The disparate-impact test has been crucial to enforcing key portions of the landmark Civil Rights Act, which prohibits recipients of federal funding from discriminating based on race, color or national origin. For decades, it has been relied upon by the government and attorneys to root out discrimination in areas of employment, housing, policing, education and more. Civil rights prosecutors say the disparate-impact test is one of their most important tools for uncovering discrimination because it shows how a seemingly neutral policy or law has different outcomes for different demographic groups, revealing inequities… Mr. Trump’s order resurrects a last-ditch effort made in the final days of his first term to repeal disparate-impact regulations through a formal rule-making process… Now the Justice Department’s embattled civil rights division has halted the use of disparate-impact investigations altogether, officials said.”

It is important to note that the Trump administration has not attempted, so far, to change the law itself, but instead to amend the federal guidance and rules that the Department of Education’s Office for Civil Rights has used in its investigations.  The Washington Post‘Kim Bellware explains: “Trump’s order directs federal agencies to ‘deprioritize enforcement’ of statutes and regulations that include disparate-impact liability, which has long enabled courts to stop policies and practices that unfairly exclude people on the basis of protected characteristics such as race, gender, and disability.”

When disparate impact is cited, the disparities are regularly documented with large data studies.  For example, back in 2008, in his powerful book, So Much Reform: So Little Change, the University of Chicago’s Charles Payne described national data indicating the widespread disparate impact of discriminatory school discipline: “According to data collected by the U.S. Department of Education for the 2004-2005 school year, African American students nationally are suspended or expelled at nearly three times the rate of white students. In Minnesota, Black students are six times as likely to be suspended as whites, but that seems downright friendly compared to New Jersey, where they are almost 60 times more likely to be expelled. In 21 states, the percentage of Black suspensions is more than double their percentage in the student body. These disproportions affect middle-class as well as working-class Black students and there is no reason to believe that they can be reduced to actual differences in student behavior. At least some of the discrepancy seems to be about teachers interpreting similar behaviors differently when they come from students of different races… We shouldn’t be surprised to learn that African American students perceive school climate less favorably than white students or staff.” (So Much Reform: So Little Change, p. 112)

In 2014, in its own “Dear Colleague Letter,” the Obama administration announced a formal policy affirming the use of “disparate impact” as evidence in school discrimination cases. Here is constitutional law professor, Derek W. Black, in a 2016 book, Ending Zero Tolerance: The Crisis of Absolute School Discipline: “On January 8, 2014, the Departments of Education and Justice went beyond individual enforcement actions and formally announced their policy on school discipline moving forward… The policy guidance distinguished between disparate treatment (treating minority students and whites differently in terms of discipline) and disparate impact (facially neutral policies that result in racially disparate outcomes). It came as no surprise that schools cannot suspend an African American student for fighting and only send his white classmate to study hall. But the (formal policy) guidance on racial disparities was significant.” (Ending Zero Tolerance, p. 84)

In 2018, the first Trump administration tried to end the use of disparate impact as a way to measure civil rights violations by ending Obama’s rules and guidance. Perera and Valant reported: “When the Trump administration rescinded the Obama Dear Colleague Letter in 2018… it dropped any reference to disparate impact theory and defined much narrower conditions (for) OCR investigations.”

Perera and Valant add that the Biden administration did, in another Dear Colleague Letter, try to restore Obam’s rules and guidance, but they write that Biden administration’s “letter lacks a definition of illegal discrimination, information about how the federal government will enforce civil rights law, guidance for school districts on mandated data collection, or suggested practices and policies to prevent discrimination.”

Nevertheless, despite the weak Biden policy statement, President Biden’s Department of Education continued to investigate and enforce civil rights violations in school discipline based on disparate treatment.

Here we are now in 2025 with President Trump’s new executive order that attempts to cancel the use of disparate impact in civil rights enforcement altogether. Fortunately Trump’s new executive order will likely face lawsuits.  Erica Green explains why: “Mr. Trump’s executive order, which is likely to face legal challenges, falsely claimed that the disparate-impact test was ‘unlawful’ and violated the Constitution. In fact, the measure was codified by Congress in 1991, upheld by the Supreme Court as recently as 2015 as a tool in the work of protecting civil rights, and cited in a December 2024 dissent by Justice Samuel A. Alito Jr.”

In the meantime in late March 2025, a month before Trump’s new executive order banning the use of disparate treatment in civil rights investigations, Trump’s Office for Civil Rights, in a move demonstrating Trump’s view of civil rights enforcement using “disparate impact,” dismissed a consent degree established in the Biden years to address discriminatory school discipline. The Washington Post‘s Laura Meckler describes what happened in Rapid City, South Dakota: “For years, Native American students in the Rapid City, South Dakota, school district were more likely to be disciplined and less likely to enroll in advanced courses than their White peers. In 2010, the Education Department opened an investigation to see if racial discrimination was to blame… The original investigation found that Native American students in the district were twice as likely as White students to be referred for discipline, more than four times as likely to be suspended and more than five times as likely to be referred to law enforcement officials.”

Meckler continues: “The effort lingered until last year, when investigators came to a voluntary agreement with the district. In a 28-page letter signed last May, the federal government outlined its concerns that Native American and White students had been treated differently. The school district, which is the second-largest in South Dakota, agreed to take a number of steps, including staff trainings, better communication with parents and ongoing monitoring.”

At the end of March 2025, reports Meckler, “the Trump administration told the Rapid City Area School District it was terminating the agreement.”  But school district personnel in Rapid City did not consider the termination of the consent agreement to be a victory: “The Trump administration letter, sent March 27, came as a shock to the Rapid City Area School District, which did not ask for a change, a district spokeswoman said. She said the district plans to continue to abide by its terms, even though federal officials will not be monitoring to see if it does so. ‘While political priorities may shift, our core educational values remain steadfast,’ Cory Strasser, the district’s acting superintendent said in a statement. ‘Our mission remains to provide a safe, positive, and nondiscriminatory learning environment where all students can achieve their full potential.’ “

Michelle H. Davis writes a thoughtful blog on Substack called “Lone Star Left,” where she reports incisively on politics in Texas. This column explains how white supremacists keep Blacks and Hispanic unrepresented and disenfranchised: gerrymandering voting district. What’s happening in Texas is happening in other states, especially the South.

It’s hard to remember that Congress passed the Voting Rights Act in 1965.

Davis writes:

In the early 1960s, Black residents in Leflore County, Mississippi, comprised two-thirds of the population. Despite that, they had no political representation. In 1962, when voter registration of Black voters increased, the all-white Board of Supervisors (similar to a Commissioners’ Court in Texas) cut off federal surplus food aid, a lifeline for over 20,000 poor Black sharecroppers and farmworkers. This move came to be known as the Greenwood Food Blockade.

This move by the white Board of Supervisors exacerbated widespread poverty-induced hunger and malnutrition among Mississippi Delta sharecroppers. This laid the groundwork for long-term food insecurity, economic marginalization, and ongoing inequality in Mississippi that persists to this day.

This pattern is not new. Every time Black Americans have taken even a step toward political power, white supremacy has moved to snatch it back. In Greenwood, it meant starving families to stop them from voting. In Tarrant County today, it means redrawing district lines to erase Black representation, again, by a white-majority governing body.

What happened in Mississippi in 1962 wasn’t just about food. It was about control. And what happened in Tarrant County today isn’t just about maps. It’s about the same thing.

Today, the Tarrant County Commissioners Court voted to approve a redistricting map that effectively eliminates the seat of Commissioner Alisa Simmons, the only Black woman on the court.

It’s not a coincidence. It’s not neutral. It’s not “routine.” It is the calculated removal of a voice that dared to speak up for all of us.

Commissioner Simmons has stood firmly against the racist agenda pushed by Judge Tim O’Hare and the Republican Commissioners on the court. She spoke out against the rise in jail deaths under their watch. She called out the cruelty of defunding Girls Inc., a nonprofit that empowers young women of color. She opposed the elimination of free rides to the polls, which made it harder for working-class people, especially Black and brown voters, to cast a ballot.

And now, she’s being punished for it.

Commissioner Simmons wasn’t just a name on a ballot. She is my commissioner. I voted for her. I campaigned for her. And like thousands of others in Precinct 2, I saw her as a voice for the voiceless, a woman unafraid to shine a light on white supremacy, even when it came dressed in a suit and tie.

That light scared them. So they tried to snuff it out.

What we witnessed today was retaliation. It was white supremacy striking back at a Black woman who told the truth. And just like in Greenwood in 1962, they’re using the tools of power, maps, votes, and bureaucratic language, to do what they couldn’t do in public: silence her.

But we see it. We name it. And we will fight it.

The new map that the County Commissioners voted on today.

The Republican Commissioners and their defenders kept repeating the same excuse over and over again, “This wasn’t about race. It was just about politics.”

They said the map was designed to secure a Republican majority, not to silence Black voters. As if those two things aren’t deeply intertwined.

It’s the same argument Greg Abbott’s lawyers made in Shannon Perez v. Abbott, when Texas was caught racially gerrymandering districts. Their defense?

A direct quote from Greg Abbott

“It is not our intent to discriminate against minorities. It is our intent to discriminate against Democrats. If minorities happen to vote Democrat, that is their fault, not ours.”

That’s not a denial. That’s a confession….

Let’s stop pretending this distinction between race and party means anything in Texas. In Tarrant County, in Harris County, across the South, voter suppression by “party” is voter suppression by race. When you target the communities who dare to elect Black women, working-class progressives, young organizers, and civil rights leaders, you are targeting those communities on purpose.

They can say it’s about partisanship all they want. But we know what it’s really about.

Because when Conservatives talk about “conserving” something, they mean it.

They want to conserve white supremacy.

They want to conserve inequality, corporate power, and police brutality.

They want to conserve a system where jails are full, books are banned, teachers are silenced, and women don’t have autonomy.

They want to conserve a Texas where your zip code decides your worth, and where Black and brown voices are only welcome if they stay quiet.

And when people like Alisa Simmons refuse to stay quiet, they get erased.

But erasing her seat won’t erase her power, or ours….

And just when we thought we might get a win, it vanished as quickly as it came.

Yesterday, far-right extremist Tony Tinderholt (R-HD94) announced he would not seek reelection to the Texas House. For a brief moment, there was celebration across Arlington. A man who built his career on cruelty, censorship, and conspiracy was finally stepping aside. But the celebration didn’t last.

Because today, just minutes after the Tarrant County Commissioners voted to dismantle Precinct 2, Tinderholt announced he would run for that very seat, Alisa Simmons’ newly gutted district.

And he didn’t come alone.

Cheryl Bean, another far-right extremist and ally of Tinderholt, announced her run for the now-open HD94 seat. A seat that was, conveniently, made safer for someone like her under the new maps.

Bean doesn’t even live in the district. She changed her voter registration to a new address inside it—an address she doesn’t own, according to the Tarrant Appraisal District. Her real home? Still outside the district lines. But facts don’t matter when the plan is to bulldoze through communities with precision and arrogance.

This wasn’t a coincidence. It was a coordinated political hit job, plain and simple.

A rigged map. A choreographed retirement. A handoff. A handpicked replacement. All timed to disempower the voices of Black and brown voters in Tarrant County. All orchestrated by Tim O’Hare and the extremist wing of the Republican Party.

They knew Simmons couldn’t be beaten fairly.

So they changed the lines.

They cleared the field.

And then they tried to rewrite the future.

But we see them.

We know the playbook.

And we’re not going to let this go unanswered.

This is part of a broader, coordinated strategy across Texas to suppress the political power of Black and brown communities under the guise of partisan politics…..

To read the post in full, open the link.

James Ryan, the president of the University of Virginia since 2018, announced his resignation under intense pressure from the Trump administration.

The Civil Rights Division of the Trump administration pressured the Board of Governors of the university to remove Ryan because of his support for diversity, equity, and inclusion.

They said that he pretended to comply with the federal demands to eliminate DEI but merely renamed them.

For the past half century, DEI was considered a hallmark of compliance with civil rights laws. DEI programs encouraged women and nonehites to enroll in higher education and to study the history of discrimination.

Under Trump, DEI has been reinterpreted to mean favoring those groups at the expense of white men and thus discriminating against white men.

The Trump administration has cut federal grants to universities that are slow or unwilling to dismantle DEI programs.

The New York Times reported that lawyers for the Civil Rights Division demanded Ryan’s ouster.

The demand to remove Mr. Ryan was made over the past month on several occasions by Gregory Brown, the deputy assistant attorney general for civil rights, to university officials and representatives, according to the three people briefed on the matter.

Mr. Brown, a University of Virginia graduate who, as a private lawyer, sued the school, is taking a major role in the investigation. He told a university representative as recently as this past week that Mr. Ryan needed to go in order for the process of resolving the investigation to begin, two of the people said.

Harmeet K. Dhillon, the Justice Department’s top civil rights lawyer, has also been involved in negotiations with the university. She received her law degree from the University of Virginia, where she was a student in the law school at the same time as Mr. Ryan…

Mr. Ryan, hired in 2018 as the university’s ninth president, has leaned into issues like making the school more diverse, increasing the number of first-generation students and encouraging students to do community service. But his approach, which he says will make the university “both great and good,” has rankled conservative alumni and Republican board members who accuse him of wanting to impose his values on students and claim he is “too woke.”

Before becoming the University of Virginia’s president, Mr. Ryan served as the dean of the Harvard Graduate School of Education, where he was praised for his commitment to D.E.I. programs. Harvard has been one of the Trump administration’s chief targets since it began its assault on higher education.

The administration’s attempt to assert federal influence over state university leadership decisions is also illustrative of how Mr. Trump’s political appointees continue to wield the Justice Department’s investigative powers to achieve policy goals long sought by a top Trump adviser, Stephen Miller.

Legal experts said they could think of few other instances in which an administration had demanded that a school have its president removed in order to resolve a Justice Department investigation.

“This is a tactic you would expect the government to use when it’s playing hard ball in a criminal case involving a corporation accused of serious wrongdoing or pervasive criminal activity,” said Daniel C. Richman, who is a law professor at Columbia University and a former federal prosecutor.

Heather Cox Richardson describes the legal corruption that is now out in the open.

Yesterday at the meeting of the leaders of the Group of Seven (G7), a forum of democracies with advanced economies, President Donald Trump told reporters: “The UK is very well protected. You know why? Because I like them, that’s why. That’s the ultimate protection.”

Commenters often note that Trump talks like a mob boss, but rarely has his organized-crime style of governance been clearer than in yesterday’s statement.

Also yesterday, Ana Swanson and Lauren Hirsch of the New York Times reported that Trump has taken unprecedented control over U.S. Steel. Japan’s Nippon Steel has been trying to take over U.S. Steel since 2023, but the Biden administration blocked the deal for security reasons. In order to move it forward, Commerce Secretary Howard Lutnick demanded an agreement that gives to the president and his successors, or a person the president designates, a single share of preferred stock, known as class G, or “gold.” The deal gives the president permanent veto power over nearly a dozen actions the company might want to take, as well as power over its board of directors.

Swanson and Hirsch note that the U.S. government historically takes a stake in companies only when they are in financial trouble or when they play a significant role in the economy. “We have a golden share, which I control, or the president controls,” Mr. Trump told reporters on Thursday. “Now I’m a little concerned whoever the president might be, but that gives you total control.”

This kind of deal echoes those of the authoritarians Trump appears to admire. His ongoing support for Russian president Vladimir Putin was on display at the G7, when he echoed Russian talking points that blamed European countries and the United States for Putin’s war against Ukraine, rather than acknowledging that it was Russia that attacked Ukraine after giving assurances that it would respect Ukrainian sovereignty in exchange for Ukraine’s giving up the Soviet nuclear weapons stored there.

Also yesterday, Rene Marsh and Ella Nilsen of CNN reported that officials from the Environmental Protection Agency under Trump have been telling staff in the Midwest—which the authors note has a legacy of industrial pollution—to “stop enforcing violations against fossil fuel companies.” At the same time, the Department of Justice has cut its environmental division significantly, leaving “no one to do the work.”

Trump vowed that if he were reelected he would slash the oil and gas regulations he claims are “burdensome.” Now, one EPA enforcement staffer told Marsh and Nilsen, “The companies are scoffing at the cops. EPA enforcement doesn’t have the leverage they once had.”

Also yesterday, outdoor journalist Wes Siler reported in Wes Siler’s Newsletter that while language inserted in the Republicans’ budget reconciliation bill requires the sale of up to 3.3 million acres of publicly owned land, an amendment authorizes the sale of 258 million acres more over the next five years. The amendment comes from the Senate Energy and Natural Resources Committee and was written by Senators Mike Lee (R-UT) and Steve Daines (R-MT).

It includes Bureau of Land Management and U.S. Forest Service lands in 11 states: Alaska, Arizona, California, Colorado, Idaho, New Mexico, Nevada, Oregon, Utah, Washington, and Wyoming. As Siler notes, while the measure does not currently include national monument lands, the Department of Justice under Trump is arguing that the president can revoke national monument protections. If it did so, that would make another 13.5 million acres available for purchase.

Siler notes the process for selling those lands calls for an enormous rush on sales, “all without hearings, debate, or public input opportunities.”

Today, Eliot Brown of the Wall Street Journal reported that Mukesh Ambani, the richest man in India, is now one of the many wealthy foreign real estate developers “pouring money” into the Trump Organization. Brown noted that the Trump family is aggressively developing its businesses while Trump is in the White House, reaching past real estate into cryptocurrency and other sectors.

The growing power of international oligarchs to use the resources of the government for their own benefit recalls a speech Robert Mueller, then director of the Federal Bureau of Investigation, gave in New York City in 2011. In it, he explained that globalization and modern technology had changed the nature of organized crime. No longer regional networks with a clear structure, he said, organized crime had become international, fluid, and sophisticated, with multibillion-dollar stakes. Its operators were cross-pollinating across countries, religions, and political affiliations, sharing only their greed. They did not care about ideology; they cared about money. They would do anything for a price.

These criminals “may be former members of nation-state governments, security services, or the military,” he said. “They are capitalists and entrepreneurs. But they are also master criminals who move easily between the licit and illicit worlds. And in some cases, these organizations are as forward-leaning as Fortune 500 companies.”

These criminal enterprises, he noted, were working to corner the market on oil, gas, and precious metals. And to do so, Mueller explained, they “may infiltrate our businesses. They may provide logistical support to hostile foreign powers. They may try to manipulate those at the highest levels of government. Indeed, these so-called ‘iron triangles’ of organized criminals, corrupt government officials, and business leaders pose a significant national security threat.”

The FBI’s increasing focus on organized crime and national security is what prompted its interest in the connections between the Trump campaign and Russia in 2016.

The willingness of Republicans to enable Trump’s behavior is especially striking today, since June 17 is the anniversary of the 1972 Watergate break-in. On that day, operatives associated with President Richard M. Nixon’s team tried to tap the headquarters of the Democratic National Committee in Washington’s Watergate complex. Early in the morning of June 17, 1972, Frank Wills, a 24-year-old security guard, noticed that a door lock had been taped open. He ripped off the tape and closed the door, but on his next round, he found the door taped open again. He called the police, who found five burglars in the Democratic National Committee headquarters located in the building.

The story played out over the next two years with Nixon insisting he was not involved in the affair, but in early August 1974 a tape recorded just days after the break-in revealed Nixon and an aide plotting to invoke national security to protect the president. Republican senators who had not wanted to convict their president of the charges of impeachment being considered in the House knew the game was over. A delegation of them went to the White House to tell Nixon they would vote to convict him.

On August 9, 1974, Nixon became the first president in U.S. history to resign.

Chris Geidner of LawDork notes that despite the lawmakers in our own era who are unwilling to stop Trump, “the pushback…is very real.” Geidner notes not just the No Kings Day protests of the weekend, but also a lawsuit by the American Bar Association (ABA) suing Trump for his attacks on law firms and lawyers, calling Trump’s actions “unprecedented and uniquely dangerous to the rule of law.”

Geidner also notes that lower court judges are upholding the Constitution, and he points especially to U.S. District Judge William Young, an appointee of Republican president Ronald Reagan. In a hearing yesterday, Young insisted on holding the government accountable “for both Trump’s actions and the follow-up actions from those Trump has empowered to act.”

Young called cuts to funding for National Institutes of Health research grants “illegal” and “void” and ordered the NIH to restore the funds immediately. “I am hesitant to draw this conclusion—but I have an unflinching obligation to draw it—that this represents racial discrimination and discrimination against America’s LGBTQ community. That’s what this is. I would be blind not to call it out. My duty is to call it out.”

“I’ve never seen a record where racial discrimination was so palpable,” Young said during the hearing. “I’ve sat on this bench now for 40 years. I’ve never seen government racial discrimination like this.” He added: “You are bearing down on people of color because of their color. The Constitution will not permit that.… Have we fallen so low? Have we no shame?”

In case you wondered, I now call DOGE something else. I call it DOGS, although truthfully that’s not fair to dogs. Dogs are wonderful creatures; In my experience, dogs give you unconditional loyalty and love. These DOGS are loyal to one man, Elon Musk. They are shredding the federal government, destroying the careers and lives of tens of thousands of professional civil servants. They have gathered our personal data. They are embedded in high-level positions across the government. They should all be fired and sent back to Elon Musk.

But the bigger risk to our democracy is Russell Vought, Director of the Office of Management and Budget, one of the most powerful positions in the federal government. He is a self-proclaimed Christian nationalist. He is working in opposition to the Founding Fathers, who made clear their intention to keep religion out of government.

Democracy Docket reports on Vought:

Though Elon Musk is leaving the White House, DOGE isn’t going anywhere.

It appears that Russell Vought — Trump’s budget hawk and one of the chief architects of the Heritage Foundation’s Project 2025 — is stepping in to become DOGE’s new power broker.

With Vought, a self-described Christian nationalist, at the helm, the slash-and-burn effort against the federal government may be on the cusp of an even darker turn.

In many ways, Vought is what Musk is not. After working at public policy organizations for nearly two decades, he has a far better understanding of how the government works — and how its weaknesses can be exploited. Despite advising Trump for almost 10 years, he’s also kept a fairly low profile, rarely giving interviews or speaking in public. 

And Vought appears to be motivated first and foremost by creating a Christian nation controlled by an overtly Christian government. 

Last year, Vought told undercover journalists with the Centre for Climate Reporting that he wants “to make sure that we can say we are a Christian nation.”

“And my viewpoint is mostly that I would probably be Christian nation-ism,” Vought said. “That’s pretty close to Christian nationalism because I also believe in nationalism.”

To achieve that, Vought said in the interview he seeks to replace the non-partisan and merit-based federal civil service with a bureaucracy in which employment hinges on allegiance to Trump. He said he also seeks to impound congressionally approved funding, help coordinate mass deportations and find ways to let Trump use the military to put down protesters.

As former Trump adviser Steve Bannon recently told The Atlantic, “Russ has got a vision. He’s not an anarchist. He’s a true believer.”

Federal agencies, in particular the Office of Personnel Management (OPM), have already implemented numerous policies that Vought drafted to achieve those goals.

Earlier this year, OPM proposed new regulations that would formally revive Schedule F, a key tool developed by Vought to gut the federal government and replace career public servants with partisan ideologues.

In another move championed by Vought, the personnel office last week also announced a s0-called “Merit Hiring Plan” that would, if implemented, ask prospective hires for the thousands of DOGE-induced vacancies across the federal government to write short essays explaining their levels of patriotism and support for the president’s policies.

“How would you help advance the President’s Executive Orders and policy priorities in this role? Identify one or two relevant Executive Orders or policy initiatives that are significant to you, and explain how you would help implement them if hired,” reads one of the essay prompts.

Vought, too, has recently taken steps to impound funds. 

This week, the White House sent Congress proposed spending cuts — also called a rescission package — that’s been backed by Vought in order to formalize cuts made by DOGE. The $9.4 billion package targets funding for NPR, PBS, the U.S. Agency for International Development and other foreign aid spending.

The rescission process allows a president to avoid spending money on discretionary programs, and since rescission bills only require simple majority approval in the House and Senate, there’s a chance some of the proposed cuts will become law. If they do, they will be the first presidentially proposed rescissions accepted by Congress since 1999. 

If Congress doesn’t pass the package, the 1974 Impoundment Control Act, which restricts when and how the president can delay or withhold federal funds, requires Trump to release the funds — that’s assuming that the administration follows the law. 

The same day the White House sent Congress the package, Vought threatened that if lawmakers don’t pass the rescissions, the executive branch would find ways to override Congress’ constitutional authority to allocate funding.

“We are dusting off muscle memory that existed for 200 years before President Nixon in the 1970s and Congress acted to try to take away the president’s ability to spend less,” Vought said.

When asked by CNN whether he was attempting to tee up a legal fight to challenge the Impoundment Control Act as unconstitutional, Vought implied he was.

“We’re certainly not taking impoundment off of the table. We’re not in love with the law,” Vought said.

Jan Resseger reviews Trump’s vigorous crusade to eliminate civil rights laws by inverting their meaning. These laws were passed to break the monopoly held by white men in hiring and promotions. But now, any program that favors women and nonwhites is treated as a crime. Universities and corporations that once featured their efforts to promote diversity, equity, and inclusion are now warned by the federal government that these efforts discriminate against white men and must be abolished.

Resseger writes:

When it comes to President Trump’s threatened tariffs and his foreign policy demands, we have all been reading about the phrase coined by a Financial Times reporter: “Trump always chickens out—TACO.” But when it comes to Trump’s attack on civil rights and racial justice in the nation’s public schools, the President has been doggedly persistent.

On May 22nd, The New Yorker’s Susan Glasser mused about the President’s Oval Office ambush of South African President Cyril Ramaphosa as capturing how things are going in “Washington a hundred and twenty-one days into Trump’s second term: a manufactured scene of outrage about a nonexistent ‘white genocide’ ” and “a reminder of how explicitly Trump has, in his second term, defined the goal of his Presidency as a sort of racial-justice quest for white people.” Glasser describes “a President who has terminated affirmative-action decrees that have been in place for the federal government since the nineteen-sixties, unleashed a wave of arrests and deportations aimed at illegal migrants of color, gutted federal civil-right-enforcement offices, and blamed D.E.I. for just about every evil at home and abroad.”

New York Times reporter Erica Green summarizes the Trump administration’s consistent work since the winter to attack racial justice and twist the meaning of the protection of civil rights: “In his drive to purge diversity efforts in the federal government and beyond, President Trump has expressed outright hostility to civil rights protections. He ordered federal agencies to abandon some of the core tenets of the Civil Rights Act of 1964, on the basis that they represented a ‘pernicious’ attempt to make decisions based on diversity rather than merit. But in recent weeks, Mr. Trump has turned to those same measures—not to help groups that have historically been discriminated against, but to remedy what he sees as the disenfranchisement of white men. The pattern fits into a broader trend… as Trump officials pick and choose which civil rights protections they want to enforce and for whom. Across the government, agencies that have historically worked to fight discrimination against Black people, women and other groups have pivoted to investigating institutions accused of favoring them.”

Beginning on Valentines Day,  when Trump’s Acting Assistant Secretary of the U.S. Department of Education’s Office for Civil Rights (OCR), Craig Trainor sent all public school officials a “Dear Colleague” letter threatening their federal funding if they did not remove all diversity, equity, and inclusion from their schools, the Trump Administration turned its sights on U.S. public schools. In March, the administration closed seven of the nation’s twelve regional Office for Civil Rights locations that have traditionally investigated complaints filed by parents and families. At the same time the Office for Civil Rights abandoned its traditional practice of carefully investigating complaints and working with school districts to end discriminatory practices. Trump’s OCR turned to directed investigations aimed at punishing school districts failing to comply with the administration’s priorities and threatening loss of federal funding. In early April, the Department of Education threatened K-12 public school districts’ Title I funding unless school leaders (and statewide officials) signed a certificate that they were in full compliance with Title VI of the Civil Rights Act as well as in compliance with the administration’s broad, and many believe mistaken, interpretation of the 2023 Supreme Court decision in Students for Fair Admissions v. Harvard, which specifically banned affirmation in college admissions. The Trump administration has declared that the Students for Fair Admissions decision instead bans all DEI programming and policy.

School districts and state departments of education, along with teachers unions and civil rights organizations like the NAACP and the ACLU, have put the consequences of almost all of these threats on hold by filing injunctions, which have yielded temporary stays in most of these cases, but Education Secretary, Linda McMahon and her Department of Education keep on persisting by conducting more investigations and threatening punitive consequences for school districts persisting in efforts to help particular groups of students.

In mid-May, by executive order, President Trump banned the use of disparate impact as a standard for investigating Civil Rights investigations.  For ProPublica, Jennifer Smith Richards and Judi Cohen reported: “Remaking the Office of Civil Rights isn’t just about increasing caseloads and reordering political priorities. The Trump administration now is taking steps to roll back OCR’s previous civil rights work. Last month, Trump issued an executive order that directs all federal agencies, including the Education Department, to stop enforcing cases involving policies that disproportionately affect certain groups—for example when Black students are disciplined more harshly than white students for the same infractions or when students with disabilities are suspended more than any other group even though they represent a small percentage of student enrollment.”

Smith Richards and Cohen examine how the Department’s Office for Civil Rights (OCR) has reduced its capacity to process complaints and changed its procedures in ways that bias investigations to reflect the Trump administration’s priorities: “The OCR, historically one of the government’s largest enforcers of the Civil Rights Act of 1964, has been known for being a neutral fact-finder. Its investigators followed a process to determine whether complaints from the public met legal criteria for a civil rights claim, then carried out investigations methodically. The vast majority of investigations were based on discrimination complaints from students and families, and a large share of those were related to disability discrimination… Investigations being publicized now have largely bypassed the agency’s civil rights attorneys… McMahon and OCR head, Craig Trainor created what amounts to a shadow division. The Trump administration has ordered more than a dozen investigations in the past three months on its own, not initiated by an outside complainant. These ‘directed investigations’ are typically rare; there were none during President Joseph Biden’s administration. The investigations have targeted schools with transgender athletes, gender-neutral bathrooms and initiatives that the administration views as discriminatory to white students.”

The ProPublica reporters spoke with OCR attorneys who anonymously describe what they believe are serious violations of departmental protocol: “McMahon and Trainor created ways to divert complaints and investigations away from the OCR’s legal experts entirely. The administration made an ‘End DEI’ portal that bypasses the traditional online complaint system and seeks only grievances about diversity, equity and inclusion in schools. Unlike the regular complaint system, the diversity portal submissions are not routed to OCR staff. ‘We have no idea where that portal goes, who it goes to, how they review the cases… said the attorney who said he struggles with being unable to help families.”  In other instances, “Conservative groups with complaints about diversity or transgender students have been able to file complaints directly with Trainor and get quick results… America First Legal, a group founded by Trump deputy chief of staff, Steven Miller… emailed Trainor a few days after Trump’s… executive order… (that) directs schools to stop teaching about or supporting diversity, equity, and gender identity. ‘AFL respectfully requests that the Department of Education open investigations into the following public school districts in Northern Virginia for continuing violations of Title IX,’ the letter read, listing five districts that have policies welcoming to transgender students. Senior leadership in Washington opened the cases the following week. America First issued a press release headlined ‘VICTORY!’ “

Education Week‘s Brooke Schultz reports: “The U.S. Department of Education has announced or confirmed at least 100 investigations into school districts, colleges, and universities, and other entities as it emerges as a prime enforcer of President Donald Trump’s social agenda.” Here are some of Schultz’s examples: “(F)our school districts have drawn investigations from the department over a Black student success plan in Chicago, a students of color summit in New York, racial affinity groups in Illinois, and a selective Virginia high school’s admissions policy that the education Department says appears to be racially discriminatory… The first investigation Trump’s Education Department announced was a probe into the Denver district over a high school’s all-gender bathroom, which the agency suggested was a violation of Title IX, the federal law barring sex discrimination in schools that receive federal funds.”

Last Friday, in “Trump Administration Gives New York 10 Days to End Its Ban on Native American Mascots,” Education Week‘s Brooke Schultz reported on a Department of Education demand that clearly represents the Trump administration’s twisting and tangling the purpose and meaning of civil rights protection in public schools: an attack by the Trump Department of Education on a New York law banning Native American mascots in public schools. “The (U.S.) Education Department’s Office for Civil Rights argues that the state’s mascot policy, enacted in 2022, violates Title VI because it prohibits the use of Native American imagery but ‘allowed names, mascots, and logos that appear to have been derived from other racial or ethnic groups, such as the ‘Dutchmen’ and the ‘Huguenots.”… McMahon said in a statement Friday that the department would ‘not stand idly by as state leaders attempt to eliminate the history and culture of Native American tribes.”

Although McMahon seems to believe that the logo New York has banned in the Massapecqua School District connects with the history of American Indians in the region of the school district on Long Island, J.P. O’Hare of the New York Department of Education explained that neither the logo nor the term ‘Chief,’ was used by Native Americans in the area.

Schultz lets the president of the National Congress of American Indians, “the largest nonprofit representing Native nations which has long tracked and challenged the use of Native American mascots, Mark Macarro” correct Education Secretary McMahon’s bizarre misconception of racial justice and civil rights law: “Native people are not mascots… We have our own languages, cultures, and governments—our identities are not anyone’s mascot or costume.  No political endorsement or misguided notion of ‘honoring’ us will change the fact that these mascots demean our people, diminish the enduring vibrancy of our unique cultures, and have no place in our country.”

Schultz adds: “Research has found that, for Native students, exposure to Native American mascots reduces self-esteem, their ability to imagine future accomplishments, and their belief that Native American communities can make a difference. For non-Native people, research shows that mascots are associated with negative thoughts and stereotypes about Native Americans… The portrayals are often outdated, whitewashed stereotypes, and aren’t grounded in realistic portrayals of Native people.”

William Kristol was a leading figure in the conservative movement. His father Irving Kristol was renowned as the godfather of neoconservatism. Bill was the editor of the Weekly Standard for many years. But because he is a principled conservative, he loathes what Trump is doing to our nation. He writes at The Bulwark, my favorite Never-Trump blog.

What’s happening is not normal, he writes:

If the Trump administration’s sudden assault on thousands of foreign students legally studying at Harvard seems unprecedented, it’s because it is. If the abrupt abrogation of temporary protected status for hundreds of thousands of Venezuelans legally living and working in the United States seems unprecedented, it’s because it is. If the sudden arrests and deportations of law-abiding immigrants checking in as ordered at government offices seems unprecedented, it’s because it is. If the deportations of other immigrants without anything like due process and basically in defiance of court orders to prisons in third countries seems unprecedented, it’s because it is.

And if it all seems utterly stupid and terribly cruel and amazingly damaging to this country, it’s because it is.

But it turns out nativism is one hell of a drug. The Trump administration has ingested it in a big way, and it’s driving its dealers and users in the administration into a fanatical frenzy of destructive activity. And the Republican party and much of Conservatism Inc.—and too much of the country as a whole—is just watching it happen.

The United States has many problems. No one seriously thinks that Harvard’s certification to participate in the Student and Exchange Visitor Program is one of them. And the Department of Homeland Security’s announcement of the action against Harvard makes clear this isn’t just about Harvard: “Let this serve as a warning to all universities and academic institutions across the country.” Are our other institutions of higher education suffering from their ability to attract and enroll students from abroad, if they chose to do so? Are the rest of us?

No. And to the degree there are some discrete problems, nothing justifies this kind of action against Harvard. As Andrea Flores, a former DHS official, told the New York Times, “D.H.S. has never tried to reshape the student body of a university by revoking access to its vetting systems, and it is unique to target one institution over hundreds that it certifies every year.”

Similarly, what’s the justification for the Trump administration’s unprecedented sudden and early abrogation of temporary protected status for 350,000 Venezuelans who fled tyranny and are now living peacefully and working productively in this country? There is no broad unhappiness at their presence, no serious case that they are causing more harm than doing good. Nor for that matter is there a real argument that the presence of 20,000 Haitians living and working in Springfield, Ohio, is a problem that required first lies to denigrate them and now attempts to deport them.

And this week, the nominee to head U.S. Citizenship and Immigration Services said the Trump administration intends to end the well-established Optional Practical Training Program, which is the single largest channel for highly skilled immigrants to stay and work in the United States after finishing their education here. A study by a leading immigration scholar, Michael Clemens of George Mason University, finds that slashing that program would cause permanent losses to U.S. innovation, productivity, economic growth, and even job opportunities for native workers.

But here we are, with an administration where fantasy trumps reality, ideology trumps evidence, and demagoguery trumps decency. As the economist Dani Rodrik puts it, “Three things made the US a rich and powerful nation: the rule of law, its science & innovation system, and openness to foreign talent. Remarkable how Trump has taken a sledgehammer to all three. No enemy of this country could do more.”

Foreigners studying and working here are not damaging the United States. A virulently nativist administration is what’s damaging the United States. It’s doing so in ways from which it will be difficult to recover. Just as important, it’s doing so in ways that will be a permanent stain on this nation’s history.