Archives for category: Ethics

In 2017, Trump imposed a tax of 1.4 % on the endowments of colleges and universities that had large endowments relative to the number of students enrolled. Institutions of higher education, like churches, foundations, and other non-profits, have never been taxed. Typically, endowment income is used for scholarships and operating expenses, so this tax cut the money available to help low-income students who were admitted to excellent colleges.

In 2025, the Trump administration proposed making the tax even higher, inflicting more pain.

But the GOP got twisted in knots over their wish to exclude rightwing Hillsdale College. At first, they thought they could exempt it by exempting religious institutions. But Hillsdale isn’t really a religious college, and the Senate Parliamentarian quashed that idea.

They they decided they could keep Hillsdale tax-free by exempting all colleges with fewer than 3,000 students. That worked.

But it also exempted a number of liberal arts colleges that had previously paid the 1.4 % tax.

I’m happy to report that my Alma mater Wellesley College is again tax-exempt, as all colleges and universities should be.

What will the GOP tax next? Churches, synagogues, mosques? Foundations? Museums and other cultural institutions? The March of Dimes? The ASPCA? Other charities?

To see the list of lucky colleges that will no longer be taxed and those that will see a tax increase, open the link.

Forbes reported:

Strange things happen when details of a massive tax and budget bill, like the one President Donald Trump signed…, are tweaked behind closed doors. Among them: A couple dozen of the nation’s wealthiest small private colleges will be getting a tax cut next year, even as bigger rich universities, including Princeton, MIT, Yale and Harvard, will be slammed with higher taxes.

It all began as an effort by House Republicans to dramatically raise the excise tax imposed on the earnings of college endowments, and particularly the endowments of wealthy “woke” schools like Harvard University that they (and President Donald Trump) have targeted.

But as it turns out, while Harvard’s tax bill will likely more than double, some smaller schools with famously left-leaning student bodies (e.g. Swarthmore College and Amherst College) are getting tax relief. That’s because schools with fewer than 3,000 full-time equivalent tuition-paying students will be exempt from the revamped endowment tax beginning next year. It currently applies to private schools with more than 500 full-time equivalent tuition-paying students and endowments worth more than $500,000 per student.

Using the latest available federal data from fiscal year 2023, Forbes identified at least 26 wealthy colleges that are likely subject to the endowment tax now, but will be exempt next year based on their size. Along with top liberal arts schools like Williams College, Wellesley College, Amherst and Swarthmore, the list includes the California Institute of Technology, a STEM powerhouse, and the Julliard School, the New York city institution known for its music, dance and drama training. Grinnell College in Iowa, which enrolled 1,790 students in 2023, will save around $2.4 million in tax each year as a result of the change, President Anne Harris said in an email to Forbes.


Here’s what happened. As passed by the House in late May, the One Big Beautiful Bill (its Trumpian name) increased the current 1.4% excise tax on college endowments’ investment earnings to as high as 21% for the richest institutions—those with endowments worth more than $2 million a student. (While these schools are all non-profits and traditionally tax exempt, the 1.4% tax on investment earnings was introduced by Trump’s big 2017 tax bill. According to Internal Revenue Service data, 56 schools paid a total of $381 million in endowment tax in calendar 2023.)

Along with raising the rate, the House voted to exempt from the tax both religiously-affiliated schools (think the University of Notre Dame) and those that don’t take federal student financial aid. (The religious exemption was structured in a way that Harvard, founded by the Puritans to train ministers, wouldn’t qualify.) The House also sought to penalize schools like Columbia University, with heavy international student enrollments, by excluding students who aren’t U.S. citizens or lawful permanent residents from the per capita calculations.

Then the bill went to the Senate, where the Finance Committee settled on more modest–albeit still stiff–rate hikes. Schools with endowments of $500,000 to $750,000 per capita would still pay at a 1.4% rate, while those with endowments above $750,000 and up to $2 million would pay 4%. Those with endowments worth more than $2 million per student would pay an 8% tax on their earnings, not the 21% passed by the House.

Enter Senate Parliamentarian Elizabeth MacDonough, who makes decisions on the Senate’s Byrd rule, which requires parts of a budget reconciliation bill like this one to have a primary purpose related to the budget—not other types of policy. The Byrd rule was put in place because reconciliation isn’t subject to filibuster. “You can’t get into a lot of prescriptive activity” in a budget reconciliation bill, explains Dean Zerbe, a national managing director for Alliantgroup, who worked on college endowment issues back when he was tax counsel for Sen. Chuck Grassley (R-Iowa). “Like, ‘you’ve got to hop on one foot,’ or ‘you’ve got to make tuition affordable,’ or ‘you’ve got to do better in terms of admission.’”

The Parliamentarian ruled that those three House provisions—exempting religious-affiliated schools, exempting schools that don’t take federal aid, and excluding foreign students from the per capita calculation—didn’t pass the Byrd test.

At that point, Republican senators settled on the 3,000-student threshold in large part to specifically exempt one school from the tax: Hillsdale College, an ultra-conservative, Christian liberal arts college in Hillsdale, Michigan and a GOP darling. It enrolled 1,794 students in 2023, had an endowment worth $584,000 per-student, and notably accepts no federal money, including student aid. (So both the religious exemption and the one for schools taking no federal student aid would have presumably shielded Hillsdale from the endowment tax—before the Parliamentarian gave them the thumbs down.)

There was also a broader group of small schools pushing for the exemption, notes Jonathan Fansmith, senior vice president for government relations and national engagement at the American Council on Education. “They made an argument that I think got some positive reception among Republican senators of saying that essentially, while their endowments may be big relative to the fact that they have small student bodies … their endowments weren’t big.” A school like Amherst, he adds, “might have a big endowment for a small school, but they don’t have a big endowment relative to the Ivies and the more heavily resourced [universities].”

House Republicans, under intense pressure to meet Trump’s July 4th deadline, ended up accepting the final Senate product in full. That meant exempting the smaller schools, including the “woke” ones, while levying a rate of up to 8% on the endowments of bigger schools. Congress’ Joint Committee on Taxation estimates colleges will now pay an extra $761 million in tax over 10 years, compared to the extra $6.7 billion they would have paid under the House version with its higher 21% rate and broader reach.

Based on data from 2023, Forbes estimates that at least 10 universities will have their endowment earnings taxed at an 8% or 4% rate in 2026, while five will continue to pay the 1.4% rate.

Update: Smith College, which likely would have been subject to the 4% tax given its 2023 stats—an endowment worth $2.47 billion, which worked out to $780,000 for each of its 3,192 students—contacted Forbes on July 8 to note that its full-time tuition-paying student enrollment is now below 3,000. The school currently pays a 1.4% tax on its endowment (worth $2.6 billion as of June 30, 2024). Starting in January, Smith will likely be exempt from an endowment tax. Smith declined to say how much tax it has been paying.

Three schools—Princeton University, Yale University, and the Massachusetts Institute of Technology—will likely be required to pay an 8% excise tax on their endowment earnings. Another seven, including Harvard, Stanford University, Dartmouth College and Vanderbilt University, will likely pay a 4% tax. The remaining five schools—Emory University, Duke University, Washington University in St Louis, the University of Pennsylvania, and Brown University—would pay the same 1.4% endowment tax rate they’re paying now, based on fiscal 2023 numbers.

One school that will likely pay 4% is the University of Notre Dame, a Catholic-affiliated school which would have been exempt from the tax were it not for the Byrd rule. “We are deeply disappointed by the removal of language protecting religious institutions of higher education from the endowment tax before passage of the final bill,” Notre Dame wrote in a statement to Forbes. “Any expansion of the endowment tax threatens to undermine the ability of a broad range of faith-based institutions to serve their religious purpose. We are proud to have stood with a coalition of these institutions against that threat, and we are encouraged by the strong support for a religious exemption received from both chambers.”

Fansmith, for his part, won’t call the exemption of the small schools a win. “We think the tax is a bad idea and it’s bad policy, and no schools should be paying it. But, by the standard that fewer schools are paying, it’s better, but it’s still not good,” he says. “It’s not really about revenue,” adds Fansmith. “It’s really about punishing these schools that right now a segment of the Republican party doesn’t like.” The schools make the argument that it’s students who are being punished, since around half of endowment spending pays for student scholarships.

Meanwhile, Zerbe warns the now exempt schools shouldn’t take that status for granted. “Once revenue raisers are in play and out there, they come back again and again,” he says. “It would be a disaster for [colleges] to think somehow this was a win for them. This was a billion dollar hit on them and there’s more to come later.”

Heather Cox Richardson makes two important points in this post:

  1. Trump’s poll numbers have gone down on his deportation policy (the public wants him to deport criminals, not honest, hard-working non-citizens) and on his tariff policy.
  2. Trump has thrown red meat to his base (stripping Rosie O’Donnell’s citizenship, telling Coke to change to cane sugar, demanding that two sports teams return to their original names, which were offensive to Native Americans), but his distractions have not worked.

I wonder: How can we survive another 3 and one-half years of this craziness?

No matter what Trump does or says, he will stil be President. The Republicans who control the House and Senate will not impeach him, no matter what. His Cabinet of lapdogs will not invoke the 25th Amendment to remove him. The best we can hope for is a Democratic sweep of both houses of Congress in 2026 so Trump is not allowed to get away with lying and grifting and destroying the global economy.

Richardson writes:

On Friday, G. Elliott Morris of Strength in Numbers reported that “polls show Trump’s position plummeting.” On Friday morning, the average job approval rating for Trump was 42.6% with 53.5% disapproving.


Those numbers break down by policy like this: Gallup polls show that only 35% of Americans approve of Trump’s immigration policy with 62% opposed. A new poll out from CBS News/ YouGov today shows that support for Trump’s deportations has dropped ten points from the start of his term, from 59% to 49%. Fifty-eight percent of Americans oppose the administration’s use of detention facilities. The numbers in a CNN/SSRS poll released today are even more negative for the administration: 59% of Americans oppose deporting undocumented immigrants without a criminal record while only 23% support such deportations, and 57% are opposed to building new detention facilities while only 26% support such a plan.


American approval of Immigration and Customs Enforcement (ICE) is unlikely to rise as news spreads that last Monday, the government gave ICE unprecedented access to the records of nearly 80 million people on Medicaid, allegedly to enable ICE to find undocumented immigrants. Kimberly Kindy and Amanda Seitz of the Associated Press reported that the Centers for Medicare and Medicaid Services signed an agreement with the Department of Homeland Security that enables ICE to access Medicaid recipients’ name, ethnicity and race, birthdate, home address, and social security number.

Undocumented immigrants are not eligible for Medicaid, although they may use it in an emergency to cover lifesaving services in a hospital emergency room. The release of personal information from Medicaid lists is unprecedented. Senator Adam Schiff (D-CA) warned: “The massive transfer of the personal data of millions of Medicaid recipients should alarm every American…. It will harm families across the nation and only cause more citizens to forego lifesaving access to health care.”


Trump’s tariffs are not popular. An Associated Press–NORC poll on Thursday found that 49% of Americans thought Trump’s policies have made them worse off while only 27% think his policies have helped.


And then there are the Epstein files.


A YouGov poll from Tuesday showed that 79% of Americans think the government should release all the documents it has about the Epstein case while only 4% think it should not. Those numbers included 85% of Democrats, but also 76% of Independents and 75% of Republicans. And that was BEFORE the publication of the Wall Street Journal article detailing the lewd and suggestive birthday letter Trump apparently contributed to Epstein’s fiftieth birthday album.


As Morris notes, Trump is underwater on all the issues of his presidency, but he is most dramatically underwater over Epstein.


You don’t need polls to see that Trump, at least, is panicking. He is throwing red meat to his base in what appears to be an attempt to regain control of the narrative. After his July 12 threat to strip comedian and talk show host Rosie O’Donnell of her citizenship (she was born in New York, and he does not have that power), he has kept up a stream of social media posts that seem designed to distract his wavering followers from the news around them.


On Wednesday, Trump announced on social media: “I have been speaking to Coca-Cola about using REAL Cane Sugar in Coke in the United States, and they have agreed to do so. I’d like to thank all of those in authority at Coca-Cola. This will be a very good move by them—You’ll see. It’s just better!”


But Coca-Cola had apparently not gotten the memo. It uses cane sugar in a number of foreign markets but has used high-fructose corn syrup in U.S. products since 1985. On its website, it wrote: “We appreciate President Trump’s enthusiasm for our iconic Coca‑Cola brand. More details on new innovative offerings within our Coca‑Cola product range will be shared soon.”


Social media users posted memes of Coke bottles emblazoned with the words “Trump is on the List” and, in small letters below, “Now with cane sugar.”


On Thursday, after observers had noted both the president’s swollen ankles and what appeared to be makeup covering up something on his hand, the White House announced that Trump has been diagnosed with chronic venous insufficiency, a condition that his physician described as a “benign” and common condition in which veins don’t move blood back to the heart efficiently.


Trump has never offered any information about his health, and his doctors have presented accounts of his physical exams that are hard to believe, making observers receive this announcement at this moment with skepticism. “Chronic venous insufficiency is a condition where the veins in the legs have difficulty drawing attention from the fact that the Epstein Files still haven’t been released,” one social media meme read.


Today, Trump posted on social media: “The Washington ‘Whatever’s’ should IMMEDIATELY change their name back to the Washington Redskins Football Team. There is a big clamoring for this. Likewise, the Cleveland Indians, one of the six original baseball teams, with a storied past. Our great Indian people, in massive numbers, want this to happen. Their heritage and prestige is systematically being taken away from them. Times are different now than they were three or four years ago. We are a Country of passion and common sense. OWNERS, GET IT DONE!!!”


Hours later, he posted that his post “has totally blown up, but only in a very positive way.” Then he threatened to block the deal to move the Commanders back to Washington, D.C., from a Maryland suburb unless they “change the name back to the original ‘Washington Redskins.’”
At the turn of the last century, those worried that industrialization was destroying masculinity encouraged sports to give men an arena for manly combat. Sports teams dominated by Euro-Americans often took names that invoked Indigenous Americans because those names seemed to them to harness the idea of “savagery” in the safe space of a playing field. By the end of the twentieth century, the majority of Americans had come to recognize the racism inherent in those names, and colleges started to retire Native American team names and mascots. In 2020 the Washington football team retired its former name, becoming the Commanders two years later. At about the same time, the Cleveland baseball team became the Cleveland Guardians in honor of the four pairs of art deco statues installed on the city’s Hope Memorial Bridge in 1932.


Trump’s attempt to control the narrative didn’t work. “The thing about the Redskins and Indians is that Donald Trump is on the Epstein list,” one social media user wrote. The post was representative of reactions to Trump’s post.


Today marked the end of the first six months of Trump’s second term, and he marked it with a flurry of social media posts praising his performance as “6 months of winning,” and attacking those he sees as his opponents. He again went after the Wall Street Journal, which ran the story about Epstein’s birthday album. He complained the paper had run a “typically untruthful story” when it said Treasury Secretary Scott Bessent had had to explain to Trump that firing Fed chair Jerome Powell would be bad for markets. Trump took exception to the idea he did not understand the interplay of the Fed and markets, despite his repeated threats against Powell.


“Nobody had to explain that to me,” he wrote. “I know better than anybody what’s good for the Market, and what’s good for the U.S.A. if it weren’t for me, the Market wouldn’t be at Record Highs right now, it probably would have CRASHED! So, get your information CORRECT. People don’t explain to me, I explain to them!”

Tonight, Trump’s social media posts seemed to project his own fears on Democrats he perceives as enemies. He once again claimed Senator Schiff, who managed one of the impeachment cases against Trump when he was a representative, had falsified loan documents in 2011 and should go to prison. In 2023, a judge determined that the Trump Organization had falsified loan documents. Trump posted: “Adam Schiff is a THIEF! He should be prosecuted, just like they tried to prosecute me, and everyone else—the only difference is, WE WERE TOTALLY INNOCENT, IT WAS ALL A GIANT HOAX!”


On Late Night with Stephen Colbert last night, Schiff said: “Donald, piss off…. But Donald, before you piss off, would you release the Epstein files?”
Trump also posted an image of intelligence agents and politicians in prison garb as if in mug shots, and reposted both an image of what appears to be lawmakers in handcuffs and an AI-generated video showing former president Barack Obama being arrested by FBI agents and then being held in a jail cell.


Meidas Touch posted: “The crazy thing about Donald Trump posting an AI video of Obama getting arrested is that Trump once had someone organize a party for him and invite a bunch of ‘young women’ and it turned out Jeffrey Epstein was his only other guest.” Alan Feuer and Matthew Goldstein broke the story of that party in Saturday’s New York Times.

I recently subscribed to 404 Media, which offers fascinating content about technology, like this post by Samantha Cole about the collaboration between the White House and PragerU. The post shows different AI-generated videos of the Founding Fathers, speaking and animated. There is a hackneyed phrase about “bringing history to life.” Now you can see it happen, even though it’s fake and politically slanted.

Does it bear repeating that PragerU is not a university by any definition? Or that its founder Dennis Prager was a rightwing talk-show host before he started hawking his whitewashed history videos? Or that some red states have adopted his videos for classroom instruction even though Prager is not a historian and has no credentials to teach history?

Samantha Cole:

Conservative content mill PragerU is partnering with the White House to make AI-generated videos of founding fathers and Revolutionary War-era randos.

PragerU is a nonprofit organization with a mission “to promote American values through the creative use of digital media, technology and edu-tainment,” according to its website. It’s been criticized for advancing climate denial and slavery apologism, frequently publishes videos critical of “wokeness” and “DEI,” and is very concerned about “the death of the West.” It has also been increasingly integrated into school curricula around the country.

PragerU held a launch event for the series, “Road to Liberty,” on June 25. Secretary Linda McMahon took some time away from dismantling the Department of Education to speak at the event. In person at the White House, visitors can tour a display of notable Revolutionary War people and places, and scan a QR code on displays that take them to PragerU’s AI-generated videos of people from that time period speaking. 

Each of the videos highlights a different person who was alive during the signing of the Declaration of Independence, from former presidents to relatively minor players in the fight for independence. The videos are clearly AI-generated, with the sepia-toned peoples’ mouths moving almost independently from the rest of their faces in some of them. In one, an AI-generated John Adams says “facts do not care about our feelings,” a phrase commonly attributed to conservative commentator and PragerU contributor Ben Shapiro. 

At the end of the videos, there’s a logo for the White House with the text “brought to you by PragerU,” and a disclaimer: “The White House is grateful for the partnership with PragerU and the U.S. Department of Education in the production of this museum. This partnership does not constitute or imply U.S. Government or U.S. Department of Education endorsement of PragerU.”

Professor of history Seth Cotlar spotted the videos in a thread on Bluesky….

I asked Cotlar, as someone who specializes in American history and the rise of the far-right, what stood out to him about these videos. I thought it was odd, I said, that they chose to include people like politician and disgraced minister Lyman Hall and obscure poet Francis Hopkinson alongside more well-known figures like John Adams or Thomas Jefferson. 

“You’re right to note that it’s a pretty odd collection of figures they’ve chosen,” Cotlar said. “My guess is that this is part of the broader right wing populist push to frame themselves as the grassroots ‘true Americans,’ and they’re including all of these lesser known figures with the hopes that their viewers will be like ‘oh wow, look at all of these revolutionary freedom fighters like me who were just kinda ordinary guys like me but who still changed history.’” 

He also said it’s noteworthy that the “Road to Liberty” lineup so far is almost entirely white men, including the random dudes like Hall and Hopkinson. “The lack of any pretense to inclusion is pretty notable. Even conservative glosses on the Revolution from the pre-Trump era would have included things like the Rhode Island Regiment or Lemuel Haynes or Phyllis Wheatley. Needless to say, they absolutely do not include Deborah Sampson,” Cotlar said. All of the people in the “coming soon” section on PragerU’s website are also white men. 

AI slop has become the aesthetic of the right, with authoritarians around the world embracing ugly, lazy, mass-produced content like PragerU’s founding father puppets. Here in the U.S., we have President Donald Trump hawking it on his social media accounts, including AI-generated images of himself as the Pope and “Trump Gaza,” an AI video and song depicting the West Bank as a vacation paradise where Trump parties alongside his former bestie Elon Musk. As Republicans used the response to Hurricane Helene to blame migrants, Amy Kremer, founder of Women for Trump, posted an AI image of a child caught in a flood hugging a puppy and then said she didn’t care that it wasn’t real: “Y’all, I don’t know where this photo came from and honestly, it doesn’t matter,” she wrote on X. Mike Lee shared the same image. AI slop makes for quick and easy engagement farming, and now it’s being produced in direct partnership with the White House.

I’m not sure what app or program PragerU is using to make these videos. I thought, at first, that they might be using one of the many basic lipsyncing or “make this old photo come alive” mobile apps on the market now. But the videos look better, or at least more heavily produced, than most of those apps are capable of. Just to make sure they haven’t somehow advanced wildly in the last few months since I checked one out, I tried one of them, Revive, and uploaded an image of John Adams to see if it would return anything close to what PragerU’s putting out. It did not. 

The PragerU videos aren’t this bad, but they also aren’t as good as what would come out of Veo 3, the newest AI video generator, which generates highly realistic videos complete with sound and speech, from text prompts. I gave Veo a painting of John Adams and told it what to say; PragerU probably isn’t using this generator, because the result is much more realistic than what’s in the “Road to Liberty” series, even when I use a screenshot from one of their videos.

JOHN ADAMS IN VEO 3 USING A PAINTING AS A PROMPT.

On the off chance the culprit is Midjourney—although the series’ style and the way the subjects’ mouths move almost independently of the rest of their faces don’t match what I’ve seen of Midjourney’s videos—I tried that one, too. I just gave Midjourney the same Adams portrait and a prompt for it to animate him praising the United States and it returned a raving lunatic, silently screaming. 

Striking out so far, I emailed Hany Farid, a professor at UC Berkeley and Chief Science Officer of synthetic media detection company GetReal, and asked if he had any leads. He said it looked similar to what comes out of AI video creation platform HeyGen, which creates AI talking heads and generates speech for them using ElevenLabs. I tried this on screenshots of the avatars in PragerU’s Martha Washington and John Adams videos to see if the puppet-mouth-style matched up, and they were pretty close.

0:00

/0:011×

HEYGEN JOHN ADAMS

HEYGEN MARTHA WASHINGTON

PragerU’s videos are still more heavily produced than what I could make using the free version of HeyGen; it’s possible they used a combination of these to make the videos, plus some old-fashioned video editing and animation to create the final products. PragerU reported almost $70 million in income last year, they can afford the effort. 

“While the PragerU stuff is distinctly terrible, it’s not like our culture has commemorated the Revolution with high-minded sophistication,” Cotlar told me. “I was 8 during the bicentennial and while I definitely learned some stuff about the founding era, most of what I absorbed was pretty schlocky.” He mentioned the “Bicentennial minutes” that were broadcast in 1975 and 76, sponsored by Shell, and which TV critic John J. O’Connor called “so insubstantial as to be almost meaningless.” The series won an Emmy.

In the last two years, several states, beginning with Florida, have approved PragerU content to be taught in public school classrooms. In Oklahoma, teachers relocating from states with “progressive education policies” will have to undergo an assessment in partnership with PragerU to determine if they’re allowed to teach. “If you want to teach here, you’d better know the Constitution, respect what makes America great, and understand basic biology,” State Superintendent Ryan Walters said in a press release. “We’re raising a generation of patriots, not activists, and I’ll fight tooth and nail to keep leftist propaganda out of our classrooms….”

Open the link to continue reading.

ABOUT THE AUTHOR

Sam Cole is writing from the far reaches of the internet, about sexuality, the adult industry, online culture, and AI. She’s the author of How Sex Changed the Internet and the Internet Changed Sex.

Samantha Cole

404 Media is a new independent media company founded by technology journalists Jason Koebler, Emanuel Maiberg, Samantha Cole, and Joseph Cox.

© 2025 404 MEDIA. PUBLISHED WITH GHOST.

Trump (or more likely, his puppetmaster Russell Vought, Director of the Office of Budget and Management [OMB]) pulled the wool over the eyes of the Republicans who control Congress.

Trump insisted that he would rein in the budget; he brought in Elon Musk and his Kiddie Corps, to shut down vital functions of the federal government and pare the federal workforce. But Trump’s newly enacted budget adds at least 3 trillions to the deficit.

But first a word about Russell Vought. He was the primary author and editor of Project 2025, which is a blueprint for Trump’s second term. He worked at the far-right Heritage Foundation before the election. Now as director of OMB, he holds the most consequential job in the federal government. OMB decides which programs are priorities and which are not, which need more funding and which do not.

To understand the Trump administration’s policies and goals, read Project 2025. During the campaign, Trump pretended to know nothing about Project 2025. He lied.

John Thompson, historian and retired teacher in Oklahoma, writes here about the real human costs of this evil plan.

He writes:

Even though my primary focus is on public education, I have been concentrating on President Trump’s so-called “Big, Beautiful Bill,” which is estimated to increase the federal deficit by $3.3 trillion, or more. 

My biggest concerns, however, were budget cuts that will likely result in the world-wide loss of untold millions of lives. For instance, even before Trump dramatically increased the subsidies for fossil fuel production, and undercut non-fossil fuel production, it was estimated that by 2049 global warming would cost the global economy $38 trillion per year, and that over 2 billion years of healthy lives would be lost by 2050.

Moreover, Robert F. Kennedy’s attacks on medical science and vaccines could result in pandemics that cost millions of lives. In fact, Kennedy’s attacks on Gavi vaccines would undermine a public health process which would likely save an estimated 8 million lives across the world by 2030.     

And it is estimated that the USAID programs Trump cut “have saved over 90 million lives over the past two decades.” It is now estimated that by 2030 those cuts could cost the lives of 14 million people.

Since the Trump plan passed through Congress, I’ve been catching up on the interconnected ways that it undermines education.

As Chalkbeat reported, this bill:

Slashes spending on Medicaid, which provides health insurance to some 37 million children and is a critical revenue source for schools. It also limits eligibility for the Supplemental Nutrition Assistance Program, or SNAP, which provides food assistance to over 13 million children and makes kids automatically eligible for free meals at school.

Its revised tax credit will hurt an additional two million children. 

Moreover, the cuts will hurt the funding of hospitals and other medical service providers.

And anti-immigration raids will increase chronic absenteeism rates, and “have significant effects on children’s physical and mental health, as well as on broader school climate.”

And that brings me back to the damage done to Oklahoma students. As the Oklahoma Voice reports:

The Trump administration is indefinitely withholding more than $70 million in federal education programs meant for Oklahoma students and educators, including money for teacher development, English learners, after-care programs and migrant children.

Every day I hear about the results caused by threats to the $15.68 million that were authorized, but not delivered for before- and after-school programs, and the “$6.43 million dedicated for the 13% of Oklahoma students learning English as their non-native language.” 

In the Oklahoma City Public Schools, for instance, “47% of students are learning English as their second language. The district expected $1.1 million in federal revenue from Title III, which supports English learners.”

Finally, I recently attended the OK Justice Circle’s Breaking Bread with the Hispanic Community where educators and service providers described the cruelty that Hispanic students were facing. For instance, as a panelist was leaving for the conference, a student told her that she is studying the Holocaust. The student was worried about the tragedies that immigrants like her were experiencing, and how awful they could become.

The educator further explained that a big majority of her students are Hispanic. Due in large part to the current deportation campaign, at times, absenteeism has surged to 30% to 40%. And many students come to school every day with their birth certificates in the backpack in case they have to face raids by the United States Immigration and Customs Enforcement (ICE).

The panelists explained how deportations of family members have produced a surge in the wide, interconnected, and painful crises that undermine student learning.

One of the services that schools can provide is referring students and families to nonprofit and public institutions. In an especially revealing set of discussions, educators described their “do-s and don’t-s” when sharing immigration information with patrons. 

But those statements are based on trust in the law and procedures that ICE agents are required to follow.  Today, it was agreed, it is hard to trust the immigration process.

As I struggled to reach the best possible emotional balance when evaluating the brutality imposed on children, families, and people across the world, I received a message from the Oklahoma Appleseed Center for Law and Justice. It’s Executive Director, Colleen McCarty, expressed the frustration that I continually hear:

Congress passed the so-called “Big Beautiful Bill”—a piece of legislation wrapped in soundbites and flag pins—that will strip thousands of Oklahomans of life-saving healthcare. It will supercharge Immigration and Customs Enforcement, giving new power and resources to deport millions of people, tear families apart, and criminalize human existence based on borders and skin color

But she is committed to “stand in one courtroom fighting for freedom,” even though she leaves “to find the government systematically dismantling it on the largest scale imaginable.” 

We also must continue to fight both legal and political battles in defense of our democracy.

Blogger Dean Obeidallah raises a very important question: why didn’t Pam Bondi prosecute her state’s most notorious child sex predator when she was Attorney General of Florida? Who was she protecting?

He wrote on his Substack blog:

Donald Trump is so panicked by what is contained in the Trump-Epstein files that he’s now slamming his own followers demanding its release, calling them “stupid” and “weaklings.” Whine as he may, Trump has lost control of the narrative given a new poll released Wednesday which found nearly 70% of Americans believe the Trump regime has engaged in a cover up of the Epstein files–including 59% of Trump supporters. At the very least it appears that Trump knew Jeffrey Epstein was involved in sex ring where children were raped yet did nothing to stop that evil. But Trump’s actions could be worse than that.

However, lost in the discussion is that Trump’s current Attorney General Pam Bondi was Florida’s Attorney General from 2011 to 2019 in the very state that was ground zero for Epstein raping and trafficking children. Why didn’t she investigate and prosecute Epstein for these heinous crimes committed in Florida?!

Taking a quick step back, Epstein received in 2008 the “deal of a lifetime” from local Florida prosecutors and George W. Bush’s Department of Justice. At the time, Bush’s DOJ had identified 36 underage girls who were victims of Epstein. But they offered the well-connected Epstein a deal to plead guilty to just two prostitution charges in state court. He was then sentenced to 18 months in jail–which he served in a private wing of the Palm Beach County jail where he was allowed daily work release. In addition, Bush’s DOJ agreed not to prosecute him for federal crimes. Worse, Epstein’s victims were not even told of the deal in advance so they could object.

After Epstein’s release from jail in 2009, Epstein returned to his lavish lifestyle and was able to “continue his abuse of minors”—a point made in a 2020 report by Trump’s own DOJ after Epstein died in the custody of the Trump administration. So again, why didn’t Bondi investigate Epstein for his crimes while she was AG from 2011 to 2019?!

Open the link to finish reading.

Ellie Leonard’s blog is called “The Panicked, Unpaid Writer.” This post is remarkable because it includes the drawing that, according to the Wall Street Journal, was sent by Trump to his friend Jeffrey Epstein on the occasion of his 50th birthday.

Trump denies that he wrote the note. He is suing Rupert Murdoch and The Wall Street Journal for $10 billion for publishing the story, which he says is fake. This open break between Trump and Murdoch may have interesting consequences, since Murdoch s FOX News is Trump’s biggest cheering section.

Ellie Leonard writes:

Long before we knew the story of Jeffrey Epstein, a young Ghislaine Maxwell was coming of age in the 53-bedroom home of her father, Robert Maxwell, a British media proprietor and politician. He named his luxury yacht after the little girl, the “Lady Ghislaine,” but spent most of his time buying and selling businesses like MacMillan and Pergamon Press, and flying back and forth to Headington Hill in Oxford on his helicopter. Ghislaine would later say that she had a “difficult, traumatic childhood with an overbearing, narcissistic, and demanding father…(that) made [her] vulnerable to Epstein.” But despite being a billionaire, Robert Maxwell had a lot of debt, (having “plundered hundreds of millions of pounds from his companies’ pension funds) and in 1991 his body was discovered floating in the Atlantic Ocean. The newspapers said he had apparently fallen overboard from the “Lady Ghislaine,” but Ghislaine never believed the stories.

“One thing I am sure about is that he did not commit suicide. I think he was murdered.” – Ghislaine Maxwell, Hello! Magazine1997

She would meet Jeffrey Epstein for the first time just a few months later. And despite the bad taste her father left, she found common ground with the young millionaire financier.

Final arguments at Maxwell trial | US News | Sky News

It is unclear how long Maxwell dated Epstein, though there is evidence to indicate it was from about 1992 to 1997. However, due to the nature of Epstein’s “extracurricular” activities and business dealings, those lines may be blurred. In a 2003 Vanity Fair article Epstein claimed that Maxwell was his “best friend,” indicating that, at least on paper, they were no longer together. But he stated that although she wasn’t on his payroll, she “organized much of [his] life,” and that when a relationship is over, the girlfriend “moves up, not down,” to friendship status.

Open the link to keep reading and to view the drawing at the center of Trump’s $20 billion lawsuit against Murdoch.

As the controversy over Trump’s relationship to notorious pedophile Jeffrey Epstein turned into a media frenzy, members of Trump’s team threw distractions into the mix. One of them came from Director of National Intelligence Tulsi Gabbard. She released a report calling for prosecution of high-level Obama-era officials for what she called “treasonous conspiracy” about Russian interference in the 2016 campaign. She ignored a three-year investigation by a Republican-led Senate Committee, which concluded that Russia did try to influence the 2016 election in Trump’s favor.

Politico posted:

Director of National Intelligence Tulsi Gabbard called for several Obama administration officials to face criminal prosecution for participating in a “treasonous conspiracy” surrounding the 2016 election on Friday afternoon, the latest example of the Trump administration targeting critics of the president.

In a newly declassified report, Gabbard on Friday alleged the officials “manipulated and withheld” key intelligence from the public related to the possibility of Russian interference in the election.

In a Friday afternoon statement, Gabbard said she would provide all related documents to the Justice Department “to deliver the accountability that President [Donald] Trump, his family, and the American people deserve.”

“No matter how powerful, every person involved in this conspiracy must be investigated and prosecuted to the fullest extent of the law, to ensure nothing like this ever happens again,” Gabbard said in the statement.

The DOJ declined to comment on Gabbard’s comments.

The ODNI’s memo names former DNI James Clapper, former CIA Director John Brennan and former FBI Director James Comey, among others allegedly involved in the White House’s review of possible Russian meddling in the election.

The administration has routinely targeted critics of the president and has sought to relitigate the 2016 and 2020 presidential elections. The president has repeatedly criticized former intelligence officials for their efforts to probe the Kremlin’s possible attempts to interfere in American politics, with Trump accusing Comey of leading a “corrupt and vicious witch hunt” against him.

Perry Stein of The Washington Post wrote about the arbitrary dismissals at the Justice Department, as Attorney General Pam Bondi clears out anyone suspected of disloyalty to Trump’s agenda.

Republicans complained in the past that Biden was “weaponizing” and “politicizing” the Justice Department. That was not true. But it’s happening now, and Republicans don’t care. Lawyers who worked on prosecution of January 6 insurrectionists are being terminated, as are those who worked on investigations of Trump. If Trump and Bondi succeed, only Trump loyalists will still have a job in the Justice Department. James Comey’s daughter, who was a prosecutor of Jeffrey Epstein and Ghislaine Maxwell, was fired from

Her job in the New York office of the Justice Department.

Stein writes:

The Trump administration is firing and pushing out employees across the Justice Department and FBI, often with no explanation or warning, creating rampant speculation and fear within the workforce over who might be terminated next, according to multiple people with knowledge of the removals who spoke on the condition of anonymity to avoid retribution.

Some people are simply fired, delivered a notice signed by Attorney General Pam Bondi that cites the broad powers afforded to the president in the U.S. Constitution. Others, particularly at the FBI, are told they can leave or be demoted or terminated.

The removals appear more individually targeted, and are happening in smaller numbers, than the high-profile ousters of senior Justice Department and FBI officials in the early months of President Donald Trump’s second term, when he returned to the White House vowing to clean house at the federal law enforcement agency that had brought two criminal cases against him. They are unrelated to the mass reductions-in-force and reorganizations that Trump has launched at many other federal agencies, which the Supreme Court has said may move forward for now.

Multiple people familiar with the Justice Department said scores of experienced staffers are opting to voluntarily leave the government to avoid being fired at random or asked to do things that would potentially violate their legal ethics. Their departures are worsening staff shortages in major divisions and U.S. attorney offices and have created an opening for the Trump administration to further shape the Justice Department workforce, allowing officials to fill career staff vacancies with attorneys who align ideologically with the president.

“Many, many lawyers have resigned on their own power because they saw the writing on the wall,” said Max Stier, chief executive of the Partnership for Public Service, a nonprofit organization that pushes for a strong federal workforce. “They understood if they didn’t leave on their own volition they would be subject to firing — or if they stayed they felt they couldn’t uphold their oath in a way that was consistent with their integrity.”

The lack of explanation for the firings has fueled rumors, multiple people familiar with the situation said.

One Justice Department lawyer was suspected of being fired because he used “he/him” pronouns in his email signature. People interviewed say they believe another attorney was ousted because of a message he put on social media. Others told to leave may not mesh with or may be disliked by Trump’s political appointees, the people said. And some are suspected of speaking to the media without authorization.

“Notice of Removal from Federal Service,” the subject line in the email from Bondi to one employee read. It continued: “Pursuant to Article II of the United States Constitution and the laws of the United States, you are removed from federal service effective immediately.”

Heather Cox Richardson sums up recent chaos in the Trump administration and recognizes that its business as usual. Most egregious is the deference paid to Trump by the reactionary majority on the Supreme Court and the frightened Republicans in Congress. The members of Congress are afraid that Trump will endorse their opponent in the next Republican primary. The Justices have lifetime tenure; they have no excuse for rubber-stamping unconstitutional actions.

Richardson writes:

Without any explanation, the right-wing majority on the Supreme Court yesterday granted a stay on a lower court’s order that the Trump administration could not gut the Department of Education while the issue is in the courts. The majority thus throws the weight of the Supreme Court behind the ability of the Trump administration to get rid of departments established by Congress—a power the Supreme Court denied when President Richard M. Nixon tried it in 1973.

This is a major expansion of presidential power, permitting the president to disregard laws Congress has passed, despite the Constitution’s clear assignment of lawmaking power to Congress alone.

President Donald J. Trump has vowed to eliminate the Department of Education because he claims it pushes “woke” ideology on America’s schoolchildren and that its employees “hate our children.” Running for office, he promised to “return” education to the states. In fact, the Education Department has never set curriculum; it disburses funds for high-poverty schools and educating students with disabilities. It’s also in charge of prohibiting discrimination on the basis of race and sex in schools that get federal funding.

Trump’s secretary of education, professional wrestling promoter Linda McMahon, supports Trump’s plan to dismantle the department. In March the department announced it would lay off 1,378 employees—about half the department. Nineteen states and the District of Columbia sued to stop the layoffs, and Massachusetts federal judge Myong Joun ordered the department to reinstate the fired workers. The Supreme Court has now put that order on hold, permitting the layoffs to go forward.

Justices Ketanji Brown Jackson and Elena Kagan concurred in a dissent written by Justice Sonia Sotomayor, noting that Trump has claimed power to destroy the congressionally established department “by executive fiat” and chastising the right-wing majority for enabling him. “When the Executive publicly announces its intent to break the law, and then executes on that promise, it is the Judiciary’s duty to check that lawlessness, not expedite it,” they say.

“The President must take care that the laws are faithfully executed, not set out to dismantle them. That basic rule undergirds our Constitution’s separation of powers. Yet today, the majority rewards clear defiance of that core principle with emergency relief.”

Another Trump power grab is before Congress today as the Senate considers what are called “rescissions.” These are a request from the White House for Congress to approve $9.4 billion in cuts it has made in spending that Congress approved. By law, the president cannot decide not to spend money Congress has appropriated, although officials in the Trump administration did so as soon as they took office. Passing this rescission package would put Congress’s stamp of approval on those cuts, even though they change what Congress originally agreed to.

Those cuts include ending federal support for the Corporation for Public Broadcasting, which helps to fund National Public Radio (NPR), the Public Broadcasting Service (PBS), and local stations. The Trump administration says NPR and PBS “fuel…partisanship and left-wing propaganda.”

Congress must approve the request by Friday, or the monies will be spent as the laws originally established. The House has already passed the package, but senators are unhappy that the White House has not actually specified what will be cut. Senators will be talking to the director of the Office of Management and Budget, Russell Vought—a key architect of Project 2025—today in a closed-door session in hopes of getting more information.

In June, Vought told CNN that this package is just “the first of many rescissions bills” and that if Congress won’t pass them, the administration will hold back funds under what’s called “impoundment,” although Congress explicitly outlawed that process in the 1974 Impoundment Control Act.

“We still are lacking the level of detail that is needed to make the right decisions,” Senator Susan Collins (R-ME), the chair of the Senate Appropriations Committee, said. “It’s extremely unusual for any senator to not be able to get that kind of detailed information.”

Andrew Goudsward of Reuters reported yesterday that nearly two thirds of the lawyers in the unit of the Department of Justice whose job was to defend Trump administration policies have quit. “Many of these people came to work at Federal Programs to defend aspects of our constitutional system,” one lawyer who left the unit told Goudsward. “How could they participate in the project of tearing it down?”

As the Supreme Court strengthens the office of the presidency without explaining the constitutional basis for its decisions, who is actually running the government is a very real question.

A week ago, Jason Zengerle of the New York Times suggested that the real power in the Oval Office is deputy White House chief of staff Stephen Miller, who is driving the administration’s focus on attacking immigrants. Secretary of Homeland Security Kristi Noem defers to Miller, a Trump advisor told Zengerle. Attorney General Pam Bondi is focused on appearing on the Fox News Channel and so has essentially given Miller control over the Department of Justice. White House chief of staff Susie Wiles is “producing a reality TV show every day” and doesn’t care about policy.

On the same day Zengerle was writing about domestic policy decisions, Tom Nichols of The Atlantic was making a similar observation about international policy. He notes that Trump has only a fleeting interest in foreign policy, abandoning issues he thinks are losing ones for others to handle. Secretary of Defense Pete Hegseth keeps talking about “lethality” and trans people but doesn’t seem to know policy at all. Secretary of State Marco Rubio—who is also the national security advisor—appears to have little power in the White House.

Apparently, Nichols writes, American defense policy is in the hands of Elbridge Colby, the undersecretary of defense for policy, who made the decision to withhold weapons from Ukraine and who ordered a review of the U.S. defense pact with the United Kingdom and Australia in an attempt to put pressure on Australia to spend more on defense.

“In this administration,” Nichols writes, “the principals are either incompetent or detached from most of the policy making, and so decisions are being made at lower levels without much guidance from above.” This is a common system in authoritarian regimes, Nichols notes, “where the top levels of government tackle the one or two big things the leader wants done and everything else tumbles down to other functionaries, who can then drive certain issues according to their own preferences (which seems to be what Colby is doing), or who will do just enough to stay under the boss’s radar and out of trouble (which seems to be what most other Trump appointees are doing). In such a system, no one is really in charge except Trump—which means that on most days, and regarding many issues, no one is in charge.”

Either that chaos or deliberate evil is behind the Trump administration’s recent order to burn nearly 500 metric tons of emergency high-nutrition biscuits that could feed about 1.5 million children for a week. As Hana Kiros reported in The Atlantic, the U.S. Agency for International Development (USAID) spent about $800,000 on the food during the Biden administration for distribution to children in Afghanistan and Pakistan. It was in storage in the United Arab Emirates when the Trump administration gutted USAID. Still, Secretary of State Marco Rubio assured the House Appropriations Committee that the food would get to the children before it spoiled.

But the order to burn the biscuits had already been sent out because, the State Department said, providing food to Afghanistan might benefit terrorists (there was no stated reason for destroying food destined for Pakistan, or suggestion that the food could go to another country). Now the food has passed its safe use date and cannot even be repurposed as animal feed. Destroying it will cost the U.S. taxpayers $130,000.

What the administration does appear to be focused on is regaining control of the political narrative that has slipped away from it. Today, after news broke that inflation is creeping back up as Trump’s tariffs take effect, Trump posted on social media alleging that Senator Adam Schiff (D-CA), who managed one of the impeachment cases against Trump, had committed mortgage fraud and must be brought to justice.

But so far, nothing appears to be working to distract MAGA from the Epstein files. As David Gilbert of Wired noted today, MAGA supporters were angry over a number of things already. Former Fox News Channel host Tucker Carlson hated the bombing of Iran; others hated Trump’s accepting a luxury plane from Qatar. Podcaster Ben Shapiro objected to Trump’s tariffs, and podcaster Joe Rogan has turned against Trump over the targeting of migrants who have not been even accused of crimes. Billionaire Elon Musk turned against Trump over the debt incurred under the new budget reconciliation law Trump called the One Big, Beautiful Bill.

The Epstein files appear to be one bridge too many for MAGA to cross. The administration tried to stop discussion of Epstein, and for a while the effort seemed to catch: by noon yesterday, the Fox News Channel had mentioned Epstein zero times but had mentioned former president Joe Biden 46 times. Today all but one Republican House member voted against a Democratic measure to require the release of the Epstein files. But Chicago journalist Marc Jacob noticed this afternoon that while the Fox News website didn’t mention Epstein in its top 100 stories today, “[t]he top 3 stories on the New York Times website, the top 2 stories on the Washington Post site and the top story on the CNN site are about Jeffrey Epstein.”

And then, this afternoon, Dhruv Mehrotra of Wired noted that the video from a camera near Epstein’s prison cell that the Department of Justice released as “raw” footage had approximately 2 minutes and 53 seconds cut out of it.

Journalist Garrett M. Graff, a former editor of Politico, commented: “Okay, I am not generally a conspiracist, but c’mon DOJ, you are making it really hard to believe that you’re releasing the real full evidence on Epstein….”

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.’ “