Archives for category: Ethics

Jennifer Berkshire has both good news and bad news about vouchers. The idea of public funding for religious and private schools had some big wins this year, especially in Texas. But most vouchers are subsidizing kids who never attended public schools; that’s a feature, not a bug as it creates strong support for the giveaway among the highest-income people. But, lo! The real cost of have the state pay for everyone’s tuition is beginning to get the attention of taxpayers. And that could cause a backlash against welfare for the wealthy. Florida is already paying $4 billion a year for vouchers. Will taxpayers object?

She writes:

Champagne corks, storm clouds—I’m mixing my metaphors here. But as we survey the steaming wreckage of the 2025 state legislative sessions, both are present in spades. Let’s start with the popping corks: the school voucher movement really did notch some big wins this year, adding Tennessee, South Carolina, Idaho and the biggest prize of all, Texas, to the list of states with “education freedom.” Now add in the sneaky move to slip a voucher program that is really a tax shelter for the wealthy into the tax code and it’s easy to feel despondent, and not just about the future of public education. 

Listen in on the debates that played out in these states, though, and you’ll come away with a very different view. As the economy sours and the tide of red ink rises, alarm bells are sounding and a backlash is brewing.

Let’s start with a quick trip to my neighboring state, New Hampshire, where a familiar series of events has transpired. Now, in the Granite State, vouchers are known as Education Freedom Accounts, and they were sold to notoriously thrifty Yankees as a way to save money as students abandoned “government schools” for less expensive private religious schools, home schools, microschools. But nothing of the sort happened, leaving taxpayers to foot the bill for thousands of students who’d never attended public schools. Meanwhile, New Hampshire’s revenue situation has been deteriorating rapidly thanks to yet another round of slashing taxes on businesses. 

All of which adds up to some pretty bleak math as the state must now figure out how to pay for an expensive—and expanding—school voucher program even as New Hampshire’s budget pie keeps shrinking. Which is how GOP lawmakers seem to have landed on the worst of both worlds: an austerity budget that slashes funding for the state’s public higher education budget in order to pay for the cost of further undermining the state’s public education system. (If you’re wondering why this recipe sounds familiar, you’re thinking of Indiana, star of a recent episode of Have You Heard, and a cautionary tale about what happens when a state expands school choice while simultaneously cutting school funding and divesting from public higher education.)

Different state, same story

While the libertarian paradise known as New Hampshire may be unique, the dynamic playing out here is the same as in virtually every state that has now adopted school vouchers. 1) Ever-shifting goal posts regarding the purpose of these programs? Check. 2) Ballooning voucher costs as states now pick up the tab for students already attending private schools? Check. 3) Deep tax cuts on the wealthy and corporations, meaning less revenue to spend on public education and other social programs? Check. 

Consider Louisiana, which last year enacted the so-called LA GATOR program—short for Giving All True Opportunity to Rise. Now if you know anything about the recent history of school vouchers in Lousiana (spoiler: not good!), this is the time for a chuckle of the bitterest variety. What IS rising rapidly is the program’s cost—nearly $100 million in its second year, estimated to reach as much as $520 million as the program scales up. But when Governor Jeff Landry tried to collect the cash from lawmakers, something interesting happened. They said no, or at least, not so much. 

“I was not remotely expecting that,” [Senate President Cameron] Henry said about Landry seeking an extra $50 million for the program. “Somehow there was a misunderstanding, which we will rectify.” Despite Landry’s request, Henry said he will hold firm to spending roughly the same amount as vouchers cost this school year: $43.5 million “It will be no more” than that, he said, “because that was the original agreement.”

And it wasn’t just Louisiana. Over in Missouri, lawmakers axed their governor’s request for $50 million to scale up the voucher program known as MoScholars. The GOP senator behind the move offered a simple explanation. “I want to make sure that we’re fully funding our obligation to public schools before we start spending 10s of millions of general revenue dollars on private schools.”

If you’re wondering what’s going on, the answer is fairly simple. As voucher programs have ballooned in size and cost, they’ve become a bigger target, especially in states where they’re now hoovering up state funding at the expense of the public schools—which are still attended by most children in every state. And years of tax slashing in these same states is exacerbating what we might call the ‘pie’ problem. Factor in the worsening national economic forecast and things look even more dire. Texas, which is now on the hook for $1 billion a year to pay for vouchers, plummeting oil prices due to Trump’s tariffs is likely to lead to a recession as soon as this summer. 

Theory of change

As regular readers of this newsletter know, I’m an avid reader of conservative treatises. As I type, I’m surrounded by anti-public-education screeds by Pete Hegseth, Kevin Roberts, Betsy DeVos, and Corey DeAngelis. It’s the last one, Parent Revolution: Rescuing Your Kids from the Radicals Ruining Our Schools, that has proven to be a particularly useful guide to our times. How, for example, did school choice for the very wealthy become the civil rights cause of our times? Dr. DeAngelis explains:

“Allowing politically advantaged groups to benefit from the program is also a smart way to keep the policy protected for years to come.”

You see, there’s a theory here: that as monies grow scarce and one state after another devolves into a pitched battle over what’s left, the richest and most connected will fight the hardest to keep what’s theirs. For a preview of what this looks like, I recommend a pitstop in West Virginia, where lawmakers just wrapped up another session by shoveling money at tax cuts for the wealthy and school vouchers, while cutting programs that help people get clean water, find work after struggling with addiction and get child care. Oh well…

But for the theory of change to work, people have to want to live in a West Virginia-like reality, and I’m not at all convinced that that’s the case. Don’t believe me? Let’s head to Florida, which school choice proponents like to point to as a model for the rest of our states, and which now spends $4 billion a year on vouchers. Since the state made the program available to even the wealthiest Floridians, surprise, surprise, they’ve leaped at the opportunity to have tax payers pay their children’s private school tuition:

More than 122,000 new students started using vouchers for the first time in the 2023-24 school year, and nearly 70 percent were already in private school, many in some of Florida’s priciest institutions.

But Florida is also an example of the bad math, and shoddy assumptions, that drive the push for school privatization. As public education advocate and blogger extraordinaire Sue Woltanski has been tirelessly documenting, vouchers are indeed succeeding in defunding Florida’s public schools:

This isn’t because the money follows public school students fleeing to private options, but because, when families, whose children are ALREADY in private schools, are offered a tax-funded discount for their private school tuition, they flock to apply, and private schools encourage it.

As Sue keeps pointing out, the big flaw in the school choice lobby’s theory is that Florida’s public schools aren’t going away. A state that used to brag about how little it spent on its students is now funding two parallel education systems: “one for the nearly 3 million students still enrolled in public schools, and another for the hundreds of thousands already in private or home education, all out of the same funding formula.”

So what gives? The GOP’s solution is to slash funding for popular programs in public schools: AP, IB, CTE. When I asked a reader in Florida what he thought was motivating the lawmakers, he saw a longer-term conspiracy at work. Get rid of programs that parents care about and eventually they’ll abandon their local public schools. But that assumes that these parents are powerless and that lawmakers can eviscerate programs and institutions that matter to them without paying a price. I’m not so sure. 

A few weeks ago I had the pleasure of visiting Sarasota to speak to a group called Support Our Schools. SOS is a phenomenal advocacy group, and in partnership with a youth-led group that’s “organizing school boards to fight fascism, protect democracy, and build power from the ground up,” they’re having a real impact in a community that’s been ground zero for the right-wing takeover of public education. I headed south anticipating that my hosts would be despondent over the state of Florida and the nation, but what I found was the opposite. These local activists were energized, convinced that their cause—defending and strengthening public education—is finally breaking through. In their words, the situation for Florida public schools is now so dire that it’s impossible to ignore. 

Throughout my visit, one theme echoed repeatedly. A backlash is coming. It can’t come soon enough.

Heather Cox Richardson uses her well-honed skills as a historian to weave together disparate events and demonstrate the media strategy of the Trump administration. It could be summarized by the succinct phrase: “Dazzle them with BS.”

She writes:

MAGA world is performing over-the-top outrage over a photo former Federal Bureau of Investigation director James Comey posted on Instagram, where he has been teasing a new novel. The image shows shells on a beach arranged in a popular slogan for opposing President Donald J. Trump: “86”—slang for tossing something away—followed by “47”, a reference to Trump’s presidency.

Using “eighty-six” as either a noun or a verb appears to have started in the restaurant industry in the 1930s to indicate that something was out of stock. It is a common term, used by MAGA itself to refer to getting rid of somebody…until now.

MAGA voices are insisting that this image was Comey’s threat to assassinate the president. Trump got into the game, telling Brett Baier of the Fox News Channel: “that meant assassination. And it says it loud and clear…. [H]e’s calling for the assassination of the president…that’s gonna be up to Pam and all of the great people…. He’s a dirty cop.” Trump’s reference to Attorney General Pam Bondi and law enforcement paid off: yesterday, Homeland Security Secretary Kristi Noem said that the Department of Homeland Security and the Secret Service are investigating Comey. He showed up voluntarily at the FBI headquarters in Washington, D.C., today for an interview.

In the past day, Trump’s social media account has also attacked wildly popular musical icons Bruce Springsteen and, somewhat out of the blue, Taylor Swift. Dutifully, media outlets have taken up a lot of oxygen reporting on “shellgate” and Trump’s posts about Springsteen and Swift, pushing other stories out of the news.

In his newsletter today, retired entrepreneur Bill Southworth tallied the times Trump has grabbed headlines to distract people from larger stories, starting the tally with how Trump’s posts about Peanut the Squirrel the day before the election swept like a brushfire across the right-wing media ecosystem and then into the mainstream. In early 2025, Southworth notes, as the media began to dig into the dramatic restructuring of the federal government, Trump posted outrageously about Gaza, and that story took over. When cuts to PEPFAR (the President’s Emergency Plan for AIDS Relief) and the U.S. Agency for International Development threatened lives across Africa, Trump turned the conversation to white South Africans he lied were fleeing “anti-white genocide.”

Southworth calls this “narrative warfare,” and while it is true that Republican leaders have seeded a particular false narrative for decades now, this technique is also known as “political technology” or “virtual politics.” This system, pioneered in Russia under Russian president Vladimir Putin, is designed to get people to vote an authoritarian into office by creating a fake world of outrage. For those who do not buy the lies, there is another tool: flooding the zone so that people stop being able to figure out what is real and tune out.

The administration has clearly adopted this plan. As Drew Harwell and Sarah Ellison of the Washington Post noted in early March, the administration set out to portray Trump as a king in order “to sell the country on [Trump’s] expansionist approach to presidential power.”

The team set out not just to confront critics, but to drown them out with a constant barrage of sound bites, interviews with loyalists, memes slamming Democrats, and attack lines.

“We’re here. We’re in your face,” said Kaelan Dorr, a deputy assistant to the president who runs the digital team. “It’s irreverent. It’s unapologetic.” The White House brought right-wing influencers into the press pool, including at least one who before the election was exposed as being on the Russian payroll. Trump spokesperson Steven Cheung, who before he began to work for Trump was a spokesperson for the Ultimate Fighting Championship, said their goal was “FULL SPECTRUM DOMINANCE.”

Dominating means controlling the narrative. That starts with perceptions of the president himself. Trump’s appearances have been deeply concerning as he cannot follow a coherent thread, frequently falls asleep, repeatedly veers into nonsense, and says he doesn’t know about the operations of his government. Yesterday, after journalist S.V. Date noted that the administration has posted online only about 20% of Trump’s words, Cheung told Date “You must be truly f*cking stupid if you think we’re not transparent.”

The White House also pushed back dramatically against a story that appeared in Business InsiderMonday, comparing Donald Trump Jr. to former president Joe Biden’s son Hunter. The White House suggested it would take legal action against Business Insider’s German parent company.

Controlling the narrative also appears to mean manipulating the media, as Russians prescribed. Last month, Jeremy Kohler and Andy Kroll of ProPublica reported that Trump loyalist and political operative Ed Martin, now in charge of the “Weaponization Working Group,” in the Department of Justice, secretly seeded stories attacking a judge in a legal case that was not going his way. Martin has appeared more than 150 times on the Russia Today television channel and on Russian state radio, media outlets the State Department said were “critical elements in Russia’s disinformation and propaganda ecosystem,” where he claimed the Democrats were weaponizing the court system. Now he is vowing to investigate Democrats and anyone who criticizes the administration.

As Trump’s popularity falls, Trump’s political operators have spent in the “high seven figures,” Alex Isenstadt of Axios says, to run ads in more than 20 targeted congressional districts to push lawmakers to get behind Trump’s economic program. “Tell Congress this is a good deal for America,” the ad says. “Support President Trump’s agenda to get our economy back on track.”

In their advertising efforts, Musk’s mining of U.S. government records is deeply concerning, for the treasure trove of information he appears to have mined would enable political operatives to target political ads with laser precision in an even tighter operation than the Cambridge Analytica program of 2016.

The stories the administration appears to be trying to cover up show a nation hobbled since January 20, 2025, as MAGA slashes the modern government that works for ordinary Americans and abandons democracy in order to put the power of the United States government into the hands of the extremely wealthy.

Trump vowed that high tariffs on goods from other countries would launch a new golden era in the United States, enabling the U.S. to extend his 2017 tax cuts on the wealthy and corporations, some of which expire at the end of this year. But his high tariffs, especially those on goods from China, dramatically contracted the economy and raised the chances of a recession.

His constant monkeying with tariff rates has created deep uncertainty in the economy, as well as raising concerns that at least some of his pronouncements are designed to manipulate the market. Today, Walmart announced it would have no choice but to raise prices, and the Michigan Consumer Sentiment Index dropped to its second lowest reading on record.

Trump insisted earlier that other countries would come begging to negotiate, but now appears to have given up on the idea. “It’s not possible to meet the number of people that want to see us,” he said, announcing today that he will simply set new rates himself. During the 2024 presidential campaign, Trump argued that other countries would pay high tariff duties, helping the U.S. Treasury to address its high deficits at the same time the wealthy got further tax cuts.

Over the course of this week, Republicans tried to push through Congress a measure that they have dubbed “One, Big, Beautiful Bill,” a reference to Trump’s term for it. The measure extended Trump’s tax cuts at a cost to the nation of about $4.6 trillion over ten years and raised the debt ceiling by $4 trillion. At the same time, it cut Medicaid, the Supplemental Nutrition Assistance Program, and a slew of other programs.

The Republicans failed to advance that bill out of the House Budget Committee Friday afternoon. Far-right Republicans complained not that it cut too much from programs Americans rely on, but that it cut too little. Citing the dysfunction in Washington, D.C. and the uncertain outlook for the American economy, Moody’s downgraded the credit rating of the country today from AAA to AA1.

Since Trump took office, the “Department of Government Efficiency” also claimed to be slashing “waste, fraud, and abuse” from government programs, although actual financial savings have yet to materialize. Instead, the cuts are to programs that help ordinary Americans and move money upward to the wealthy. News broke today that cuts of 31% to the enforcement wing of the Internal Revenue Service will cost money: tax evasion among the top 10% of earners costs about $700 billion a year.

The cuts were driven at least in part by the ideological extremism of Russell Vought, director of the Office of Management and Budget. Vought was a key author of Project 2025, which calls for decimating the federal government.

Vought talked about traumatizing federal workers, and has done so, but the cuts have also traumatized Americans who depend on the programs that DOGE tried to cut. Cuts to the U.S. Agency for International Development (USAID) meant about $2 billion less in contracts for American farmers, while close to $100 million worth of food that could feed 3.5 million people rots in government warehouses.

Cuts to the Federal Aviation Administration have left airports without adequate numbers of air traffic controllers. After two 90-second blackouts at Newark Liberty International Airport when air traffic controllers lost control with airplanes, yesterday the air traffic controllers at Denver International Airport lost contact with planes for 2 minutes.

Cuts to a program that funds the healthcare of first responders and survivors of the September 11 World Trade Center terror attacks are leaving thousands of patients unclear whether their cancer treatments, for example, will be covered. Yesterday, acting administrator of the Federal Emergency Management Agency (FEMA) David Richardson told staff that FEMA is not prepared for hurricane season, which starts on June 1, and will work to return responsibility for the response to emergencies to the states. A document prepared for Richardson and obtained by Luke Barr of ABC News said: “As FEMA transforms to a smaller footprint, the intent for this hurricane season is not well understood, thus FEMA is not ready.”

Yesterday, news broke that Homeland Security Secretary Kristi Noem has been in talks with the producers of the reality show Duck Dynasty for a new reality show in which immigrants compete against each other in cultural contests to win the chance to move their U.S. citizenship applications ahead faster. It is made-for-TV, just like so many of the performances this administration uses to distract Americans from the unpopular policies that are stripping the government of benefits for ordinary Americans and moving wealth upward.

Such a show might appeal to confirmed MAGA. But it is a profound perversion of the American dream.

This is one of the saddest stories I have read in a long time. Georgia has one of the most draconian abortion laws in the nation. Because of that law, a woman who is brain-dead will be kept “alive” until she gives birth. She is nine weeks pregnant. The baby will be removed when it reaches 32 weeks. One of those Bible-thumpers should offer to adopt the baby. Lots of Bible-thumpers or the State Legislature should pay the outrageous bills that will pile up.

Robyn Pennacchia of the Wonkette wrote about this horrendous case:

Adriana Smith of Atlanta, Georgia, has been brain dead for more than 90 days.

Back in February, Smith — a registered nurse at Emory University Hospital — started experiencing intense headaches and went to get checked out at a local hospital, because she knew “enough to know something was wrong.”

“They gave her some medication, but they didn’t do any tests. No CT scan,” Smith’s mother, April Newkirk, told 11Alive news. “If they had done that or kept her overnight, they would have caught it. It could have been prevented.”

The next morning, Smith’s boyfriend discovered her gasping for air and gurgling on what he believed was blood. She went back to the hospital, where they finally did a CT scan and discovered multiple blood clots in her brain. Unfortunately, they were too late and Smith was declared brain dead as they prepared to go into surgery.

This would have been a horrific enough scenario under normal circumstances, but Smith was also nine weeks pregnant … and in Georgia. Georgia has one of the worst maternal mortality rates in the nation, 33.9 deaths per 100,000 live births — 48.6 per 100,000 for Black women and 22.7 for white and Hispanic women. Part of that is because women like Adriana Smith are ignored when they tell doctors that something is wrong. 

Georgia also has a “Heartbeat Law” that bans abortion after fetal pole cardiac activity is detected (but before there is even an actual heart).

Because of Georgia’s garbage abortion ban, Smith now has to be kept on life support until the fetus is 32 weeks along and can be removed. Like, they are literally using her dead body as an incubator for a fetus. 

Please, take a moment to scream into a nearby throw pillow, if you need it. 

Via 11Alive:

Under Georgia’s heartbeat law, abortion is banned once cardiac activity is detected — typically around six weeks into pregnancy. The law includes limited exceptions for rape, incest, or if the mother’s life is in danger. But in Adriana’s case, the law created a legal gray area.

Because she is brain dead — no longer considered at risk herself — her medical team is legally required to maintain life support until the fetus reaches viability. 

The family said doctors told them they are not legally allowed to consider other options. […]

Now, due to the state abortion ban, Smith is being kept on life support.

“She’s been breathing through machines for more than 90 days,” Newkirk said. “It’s torture for me. I see my daughter breathing, but she’s not there. And her son — I bring him to see her.”

Newkirk said it’s been heartbreaking seeing her grandson believe his mother is “just sleeping.”

It would be bad enough if the state were just forcing the family to keep Smith “alive” on life support in order to be an incubator for the fetus, but they’re also requiring them to pay for it. While it’s not exactly easy to track down exact costs, an ICU bed in a Georgia non-profit hospital costs, on average, $2,402 a day on its own, without any additional treatment. According to a report from the Agency for Health Care Research and Quality, mechanical ventilation costs, on average, “$3,900 per day after the fourth day.” So that’s $6302 a day just for the basics. Then there’s everything else on top of that. 

And health insurance doesn’t cover life support when there’s no chance of survival or improvement. 

So we’re already at $1.6 million before even getting into the cost of the baby’s care. The average stay in the NICU for a baby born at 32 weeks is 36 days, and a NICU stay can cost $3,000 to $20,000 a day. That is more likely to be covered by health insurance — though it is not actually clear if the baby would be covered by Smith’s health insurance if she’s dead, or for how long. And that’s just in the beginning. It is hard to imagine that a kid born in those circumstances would not have some pretty serious health issues down the road. 

This family is fucked. 


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I am going to need to point out, for the 80 bajillionth time, that the people who love the idea of forcing a woman to give birth against their will (or while braindead) are almost universally against universal health care. Especially the ones who are going around crying about “birth rates.” 

I’m not saying it would make anything okay, it wouldn’t, but the very fact that these absolute pieces of shit want to force people to give birth against their will and pay for the privilege as well is galling. In this case, the state wants to force this family to pay possibly $1.6 million or more to keep a brain dead woman alive so that she can give birth to a fetus that was only nine weeks along when she died. 

Perhaps it’s crass to think of money, given the fact that keeping a woman on life support just to incubate a fetus is appalling enough on its own. And it is. But a nearly two million dollar surcharge is a hell of an added insult to injury. 

Robert F. Kennedy Jr. was the nation’s most prominent critic of vaccines until Trump nominated him to be Secretary of Health and Human Services, the nation’s leading public health official. During his Senate confirmation hearings, he pretended that he was not anti-vaccine anymore and that he would not express anti-vaccine views anymore.

But old habits and antiquated views are hard to shake.

RFK Jr. has been consistently pro-vaccine and anti-vaccine since he took charge of HHS. The nation’s top vaccine expert resigned when he realized that his boss continues to be anti-vaccine. RFK, with no experience running any large organization, has fired thousands of scientists, driven away leading scientists, closed down important research, and inflicted massive demoralization on what was once the greatly respected HHS.

Lauren Weber wrote in the Washington Post about RFK Jr.’s hypocritical stance on vaccines. The Kennedy family must be deeply ashamed of him.

Weber wrote:

Early last month, after two Texas children had died of measles, Health and Human Services Secretary Robert F. Kennedy Jr. acknowledged that the MMR vaccine prevents the spread of that virus. But later that day, he posted photos of himself with anti-vaccine doctors, calling them “extraordinary healers” and promoting unproven treatments.

In a television interview three days later, Kennedy, the nation’s top health official, encouraged vaccination for measles. In the same conversation, he cast doubt on whether one of the children had actually died of measles-related complications.

And in an interview with Phil McGraw at the end of April, Kennedy said of the measles vaccine: “HHS continues to recommend that vaccine. But there are problems with the vaccine.”

With the nation in the grip of the deadliest measles outbreak in decades, Kennedy is equivocating with a worried U.S. public, health experts said. His mixed message appeals to vaccine believers and skeptics, muddying public health instructions at a time when clarity is essential.

Elevated from longtime anti-vaccine activist to guardian of the nation’s health, Kennedy is trying to appeal to both sides: the public, which largely supports vaccination, and the anti-vaccine hard-liners who helped propel his rise. His “doublespeak,” as public health experts and academics who follow the anti-vaccine movementcall it, gives him cover with both groups, allowing him to court public opinion while still assuaging his anti-vaccine base.

At least half of adults are uncertain whether to believe false claims about measles, its vaccine and its treatment, according to an April poll by the health-care think tank KFF.

“It’s confusing, and maybe that’s part of the strategy,” said Bruce Gellin, who oversaw HHS’s vaccine program in the Bush and Obama administrations. Gellin noted that confusion could lead parents to opt out of vaccination — exactly what health officials don’t want in an outbreak.

More On Vaccines

RFK Jr. says vaccines aren’t tested enough. Experts say that’s baseless.February 11, 2025

Vaccine skeptic hired to head federal study of immunizations and autismMarch 25, 2025

RFK Jr. forces out Peter Marks, FDA’s top vaccine scientistMarch 28, 2025

CDC plans study on vaccines and autism despite research showing no linkMarch 7, 2025

Trump has faced measles before. The difference this time is RFK Jr.April 8, 2025

In Idaho, a preview of RFK Jr.’s vaccine-skeptical AmericaFebruary 8, 2025

RFK Jr. will order placebo testing for new vaccines, alarming health expert…May 1, 2025

RFK Jr. disparaged vaccines dozens of times in recent years and made basele…January 28, 2025

In a statement about vaccination, HHS said: “Secretary Kennedy’s HHS has pledged radical transparency to the American public. This means being honest and straightforward about what we know — and what we don’t know — about medical products, including vaccines.”

Vaccines go through several stages of clinical trials, are tested on thousands of people, and are monitored after they are rolled out for any adverse events. Medical experts say they are safe, effective and considered one of the best tools for protecting public health.

When asked about the unproven treatments Kennedy had promoted, an HHS spokesperson said Kennedy will be enlisting the scientific community and the department to “activate a scientific process to treat a host of diseases, including measles, with single or multiple existing drugs in combination with vitamins and other modalities.” It is unclear what that will entail, but Kennedy has long advocated the use of vitamins and supplements.

Kennedy is scheduled to appear Wednesday before the Senate Committee on Health, Education, Labor and Pensions, where he is expected to face questions on his vaccine policies.

The outbreak in Texas has spread across the state and beyond, including a significant uptick of cases in El Paso. Experts worry the United States this year will record the largest number of cases since measles was declared eliminated a quarter-century ago. A recent study showed that if U.S. vaccination rates continue to decline, the nation could face millions of cases over the next 25 years.

Once an outbreak begins, health officials have only a short time to convince the U.S. public that vaccination is the proven way to save lives, said Chrissie Juliano, executive director of the Big Cities Health Coalition. The MMR vaccine — which protects against measles, mumps and rubella — is safe and effective, public health experts say.

If this weren’t so pathetic, it would be funny.

Chief Justice John Roberts spoke at the Georgetown University Law School about the loss of respect for the rule of law.

Did he point his finger at the President who encouraged an insurrection on January 6, 2021?

No.

Did he blame the loser of the 2020 election who spent four years claiming that the election was rigged and that he didn’t lose?

No.

Did he blame the political party that spent four years asserting not only that the election of 2020 was rigged but that the rightful winner was “crooked” and every member of his family was part of a “crime family”?

No.

Did he blame the President who has openly ignored federal court orders?

No.

Did he blame the President who proposes to abolish due process of law even though it is written into the Constitution?

No.

Did he blame the President who said publicly that he didn’t know whether he is required to support the Constitution?

No.

Chief Justice Roberts is right to be concerned about the shrinkage of civics education, but he is wrong to ignore the reason for that shrinkage: No Child Left Behind made test scores the central goal of education, which diminished everything in the curriculum other than reading and math.

Because so many young people have not received civics education, they are likely to be misled by a charlatan whose actions model contempt for the rule of law and the Constitutuon.

And, worse, it was the Roberts Court that proclaimed that the President while carrying out his duties has absolute immunity and is above the law.

The Supreme Court, in short, overturned the deep-seated principle taught in civics classes that “no man is above the law.”

Mr. Chief Justice, if you want to know who encouraged disrespect for the rule of law, look in the mirror.

Writing in Slate, Dahlia Lithwick and Mark Joseph Stern criticize the big law firms that immediately caved to Trump’s demands to quash their diversity programs and pledge millions of dollars in pro bono work for Trump’s causes. They were singled out for punishment by Trump in executive orders because they dared to represent his political enemies.

In the present crisis of American law, judges have been overwhelmingly strong in upholding the rule of law over the demands of an egotistical, lawless president. Over 200 lawsuits have been filed against the Trump administration, which has so far not gone well for Trump. Judges have been targets of abuse, intimidation, even death threats directed at them and their families.

The authors single out Judge Beryl Howell for her fearless defense of the right of lawyers to represent their clients regardless of their political views.

They write:

Last Friday, U.S. District Judge Beryl Howell deftly knit together the professional obligations of the bench to the bar when she handed down a 102-page opinion in favor of one of these fighting firms, Perkins Coie, handing it a massive victory that carried a deeper lesson for the entire legal profession. Howell’s decision is noteworthy for all manner of things, but perhaps the most important aspect is that it serves as a clarion call for lawyers—meaning every lawyer in the country—to find their way to doing the work of democracy. The judge highlighted the “importance of independent lawyers to ensuring the American judicial system’s fair and impartial administration of justice,” a role “recognized in this country since its founding era.” She condemned the administration’s “unprecedented attack on these foundational principles.” And she praised Perkins Coie for defending its lawyers’ right “to represent their clients vigorously and zealously, without fear of retribution from the government simply for doing the job of a lawyer.” Howell also gave credit to the hundreds of lawyers who filed amicus briefs on behalf of the firm, including a cross-ideological array of lawyers, former government officials, and retired judges, reflecting the profession’s near-unanimous revulsion at the prospect of singling out firms based on the clients they choose to represent.

But Howell went out of her way to cast doubt upon the capitulating firms that took Trump’s deal, for possibly compromising their own legal ethics. Describing Trump’s threat that “lawyers must stick to the party line, or else,” she wrote, archly: “This message has been heard and heeded by some targeted law firms, as reflected in their choice, after reportedly direct dealings with the current White House, to agree to demand terms, perhaps viewing this choice as the best alternative for their clients and employees.” Some clients, she noted, “may harbor reservations about the implications of such deals for the vigorous and zealous representation to which they are entitled from ethically responsible counsel”—an extraordinary warning to these clients that their lawyers may no longer be defending their best interests. And to make her position perfectly clear, the judge added: “If the founding history of this country is any guide, those who stood up in court to vindicate constitutional rights and, by so doing, served to promote the rule of law, will be the models lauded when this period of American history is written.”

Howell’s opinion serves as the most important reminder to date that in this constitutional moment, those trained to operate within the law and those who swear oaths to defend it have a singular and critical role to play. The days of “I just do mergers and acquisitions” are behind us, sports fans. If America were experiencing a national tooth-decay crisis, the dentists would be on the front lines; and were it experiencing a sweeping leaky-pipe epidemic, the plumbers would be on the front lines. Given that we are in the throes of the greatest legal disaster the country has faced in many Americans’ lifetimes, it might be a good idea for the nation’s attorneys to begin to understand that they have a role to play too. Howell, meanwhile, holds no quarter for those who would seek to be neutral. If you have the tools to fight lawlessness and you opt not to use them at this moment in history, you are emphatically still taking a side.

It is hard to read Howell’s opinion without worrying that some judge somewhere will find it too sweeping, too polemical, and too teeming with overinflated claims about the centrality of attorneys in American life. (She quoted Alexis de Tocqueville’s observationthat in the early United States, “the authority … intrusted to members of the legal profession … is the most powerful existing security against the excesses of democracy.”) What Howell seems to understand, with as much force as de Tocqueville, is that those entrusted to protect against the “excesses of democracy” are not going to have the luxury of appearing “neutral” much longer, or even just tamping down criticism by avoiding flowery prose in favor of more anodyne wrist slaps. Effective immediately, the defenders of the rule of law are those who went to school to understand it, who get paid to fight for it, and who swear an oath to uphold it.

During Biden’s term in office, Republicans continually complained that Biden was “weaponizing” the Justice Department because it prosecuted Trump for inciting the insurrection of January 6, 2021, and for taking classified documents to his Mar-A-Lago estate.

Days ago, the Trump administration announced that it had reached a settlement with the family of Ashli Babbitt, who was shot and killed by a police officer as she attempted to be first to break into the House of Representatives’ chamber, where members of Congress were fleeing. The family is suing for $30 million. The police officer who shot her was defending the lives of our elected representatives, both Democrats and Republicans. It’s hard to imagine any other administration, whatever the party in power, paying off the family of a woman leading a mob into the House chambers to stop the electoral vote count.

Now that Trump is president again, he has turned the Departnent of Justice into his personal law office and assigned it the mission of prosecuting anyone whoever dared to cross Trump.

Trump is gleefully using his powers to weaponize the Department of Justice and to punish his political enemies. Not a peep from the Republicans, who unjustly accused Biden of doing what Trump is literally doing.

Trump has issued executive orders targeting law firms who had the nerve to represent Democrats or other Trump critics. His orders barred lawyers from those firms from federal buildings and directed the heads of all federal agencies to terminate contracts with the firms he designated. Several major law firms, fearful of being blocked from any federal cases, immediately capitulated. Trump exacted a price for releasing them from his attack: they had to agree to perform pro bono work on behalf of causes chosen by Trump. He currently has close a billion dollars of legal time pledged to him by those law firms that feared his wrath.

Individuals targeted by Trump must either find a lawyer who will represent them pro bono or face personal bankruptcy, that is, if they can find a lawyer willing to take on the Trump administration.

A few law firms have resisted Trump’s tyranny, and one of them–Perkins Coie–won a permanent injunction to block the enforcement of Trump’s ban. Perkins Coie represented Hillary Clinton in 2016, as well as George Soros. U.S. District Judge Beryl Howell said that Trump’s attacks on specific law firms, based on the clients they represented, were unprecedented and unconstitutional.

Judge Howell cited the example of John Adams, who represented the British soldiers accused of killing five colonists in the Boston Massacre of 1770. In two separate trials, Adams prevailed. He believed that everyone deserved a good lawyer and that they had been provoked into firing. Adams was a patriot and a man who defended the law. He was not stigmatized for defending the British soldiers.

An issue that Judge Howell raised but set aside for another time was whether Trump’s orders, which single out specific groups or individuals for punishment without trial are bills of attainder, which the Constitution forbids. They surely look like it, and this issue will come up again in the future.

As law professor James Huffman wrote in The Wall Street journal about Trump’s targeting of law firms:

A presidential bill of attainder places the powers of all three governmental branches in the hands of one man. As James Madison wrote in Federalist No. 47: “The accumulation of all powers, legislative, executive, and judiciary, in the same hands . . . may justly be pronounced the very definition of tyranny.”

Paul Rosenzweig, who worked in the George W. Bush administration, wrote in The Atlantic about Trump’s destruction of the rule of law, which he has twisted into an instrument of retribution for his personal grudges.

He writes:

When Thomas Paine asked what made America different from England, he had a ready answer: “In America, the law is king.” America has not always upheld that ideal, but, taking the long view, it has made great progress toward that principle. In recent decades, the Department of Justice has become an institutional embodiment of these aspirations—the locus in the federal government for professional, apolitical enforcement of the law, which is in itself a rejection of the kingly prerogative. That is why Donald Trump’s debasement of the DOJ is far more than the mere degradation of a governmental agency; it is an assault on the rule of law.

His attack on the institution is threefold: He is using the mechanisms of justice to go after political opponents; he is using those same mechanisms to reward allies; and he is eliminating internal opposition within the department. Each incident making up this pattern is appalling; together, they amount to the decimation of a crucial institution.

Investigations should be based on facts and the law, not politics. Yet Trump has made punishing political opposition the hallmark of his investigative efforts. The DOJ’s independence from political influence, long a symbol of its probity (remember how scandalous it was that Bill Clinton had a brief meeting with Attorney General Loretta Lynch?), is now nonexistent.

This development should frighten all citizens, no matter what their political persuasion. As Attorney General Robert Jackson warned in 1940, the ability of a prosecutor to pick “some person whom he dislikes and desires to embarrass, or selects some group of unpopular persons and then looks for an offense, [is where] the greatest danger of abuse of prosecuting power lies.” Choosing targets in this way flies in the face of the DOJ’s rules and traditions—to say nothing of the actual, grave harm it can inflict on people.

Far from eschewing the possibility of abuse, Trump and his allies at the Department of Justice positively revel in it. The most egregious example was Trump’s recent issuance of an executive order directing the government to investigate the activities of two of his own employees in the first administration, Chris Krebs and Miles Taylor, who later came to be political opponents of his. (Both men are friends and colleagues of mine.)

Their offense of perceived disloyalty is perhaps the gravest sin in Trump world, and as a result, they will now be individually targeted for investigation. The personal impact on each of them is no doubt immediate and severe. Krebs, who is a well-respected cybersecurity leader, has quit his job at SentinelOne and plans to focus on his defense. If Trump’s DOJ pursues this investigation to the limit, the two men could face imprisonment.

The cases of Krebs and Taylor do not stand in isolation. Recently, the U.S. attorney in New Jersey (Trump’s former personal attorney Alina Habba) launched an investigation into the state of New Jersey for its alleged “obstruction” of Trump’s deportation agenda. In other words, because New Jersey won’t let its own employees be drafted as servants of Trump’s policy, the state becomes a pariah in Trump’s mind, one that must be coerced into obedience.

Meanwhile, Attorney General Pam Bondi has announced that the U.S. government is suing Maine because of the state’s refusal to ban transgender athletes from playing on girls’ high-school sports teams. Not content with threatening Maine, Bondi has also announced an investigation of the Los Angeles Sheriff’s Office because of its alleged opposition to the Second Amendment and its “lengthy” process for approval of gun permits. And she recently announced that she would target leakers of classified information by going after journalists, rescinding a policy that protected journalists from being subpoenaed to assist government-leak investigations.

But the most aggressive abuser of the criminal-justice system has to be the interim U.S. attorney for the District of Columbia, Ed Martin. Martin has asked the FBI to investigate several of President Joe Biden’s EPA grantees for alleged fraud—a claim so weak that one of Martin’s senior subordinates resigned rather than have to advance it in court. He has also begun to investigate, or threatened investigations of, Georgetown UniversitySenator Charles Schumer, and Representatives Eugene Vindman and Robert Garcia, among others. More recently, in mid-April, Martin sent a series of inquiry letters to at least three medical and scientific journals, asking them how they ensured “competing viewpoints,” with the evident intention of suggesting that the failure to include certain minority opinions was, in some way, content discrimination.

A less-well-known example of Martin’s excess is his use of threats of criminal prosecution to empower DOGE. When DOGE was first denied entry into the U.S. Institute of Peace, one of the lawyers for USIP got a call from the head of the U.S. attorney’s criminal division, threatening criminal investigation if they didn’t allow DOGE into the building. Magnifying that power of criminal law, Martin sent D.C. police officers to the agency, telling the police that there was “an ongoing incident at the United States Institute of Peace” and that there was “at least one person who was refusing to leave the property at the direction of the acting USIP president, who was lawfully in charge of the facility,” according to the journalist Steve Chapman.

A final example of DOJ overreach is, perhaps, the most chilling of all. In a recently issued presidential memorandum, Trump directed the attorney general to “investigate and take appropriate action concerning allegations regarding the use of online fundraising platforms to make ‘straw’ or ‘dummy’ contributions and to make foreign contributions to U.S. political candidates and committees, all of which break the law.” Were the investigation neutral in nature, this might be understandable. But it isn’t.

In fact, there are two major fundraising platforms in use—WinRed (the Republican platform) and ActBlue (the Democratic one). Even though WinRed has been the subject of seven times as many FTC complaints as ActBlue, the Trump memorandum involves only the latter. By targeting his opponents’ fundraising, Trump is overtly marshaling the powers of federal law enforcement in his effort to shut down political opposition.

In essence, Trump is using the department to try to ensure future Republican electoral victories. One can hardly imagine a more horrifying variation on Lavrentiy Beria’s infamous boast: “Show me the man and I’ll show you the crime.”

There is more to the article. I encourage you to read it in full.

Project 2025’s section on education proposes that the U.S. Department of Education’s largest funding streams for K-12 schools be turned into block grants to the states with minimal oversight. The two big programs are Title 1 for poor kids and the funding for students with disabilities (IDEA).

The states would be free to convert these funds into vouchers, instead of spending them on low-income students or students with disabilities.

The National Education Association explains here:

Block Grant Overview

Typically, the deal between the federal government and states when specific program funds are block-granted is that the federal government will provide less funding in return for less regulation and requirements. With less regulation, the assumption is that states should be able to do as much or more with less money. While it may be appealing initially to those who administer federal grants at the state and local level, in reality, fewer dollars mean fewer programs and services. States and school districts may have more flexibility in using federal funds but it comes at the expense of the students the federal grant program was designed to help in the first place.

 Many states already underfund their commitment to public education. If states and districts don’t cover the shortfall, students receiving Title I and IDEA services will suffer. Furthermore, both Title I and IDEA have maintenance of effort and supplement, not supplant requirements to ensure states and districts hold up their levels of spending when receiving federal funds. Those requirements will fall away, too, and, most likely, so will the funding commitments by states and districts.

Title I of the ESEA and IDEA were created to ensure all students have equal access to an education, regardless of family income or disability. Many states were failing to adequately educate students in these populations, if at all. The federal role here was clear: where a student lived or their circumstances should not determine the quality of their education. ESEA and IDEA enshrined this principle and attached specific conditions and requirements that states must follow, in return for federal financial assistance, to ensure that students from lower-income families and communities and those with disabilities have the same opportunity to learn as any other student. “No-strings-attached” block grant funding turns the clock back 60 years on education policy and progress, and turns its back on our nation’s commitment to educating all students. While one would like to think that we can trust states to do the right thing on behalf of all students, history tells us differently. 

Providing states with federal aid and fewer requirements leaves the door open for states to do as they wish. Title I of ESEA and IDEA include important requirements and protections for students and families precisely because they were lacking previously. At its core, the Department of Education is a civil rights agency, providing dollars, regulations, requirements, guidance, technical assistance, research, monitoring, and compliance enforcement to preserve and protect students’ access to a free and appropriate education. Strip it away, and you strip away the rights of certain students to a meaningful education.  

 

Never-Trumper Bill Kristol espies hypocrisy in Trump’s acceptance of a $400 million gift from Qatar. Qatar, he points out, funds Hamas and the leading anti-Israel campus protest group. Now it also funds the President of the United Ststes!

He writes:

Trump can’t abide flying around in crusty, old Air Force One. Qatar—funder of both Hamas and the leading U.S. college Gaza protest group—just happens to have a spare, pimped-out 747 lying around, which they’d like to gift to Trump so he can use that instead. Pay no attention to the complete hypocrisy of an administration that says that students protesting for Gaza are a threat to our foreign policy.

This is a shocking development. The government of Qatar is giving Trump an airplane worth $400 million to replace Airforce 1 and for Trump’s personal use after his Presidency. It will eventually be retired to the Trump “library.”

Forget the fact that the Constitution forbids the President from accepting gifts from any foreign nation (the Emoluments Clause). Trump fired all the federal ethics officers and replaced them with his personal choices. Coincidence?

The AP reported the funniest line:

White House press secretary Karoline Leavitt, when asked Friday if the president during his upcoming trip might meet with people ties to his family’s business, said it was “ridiculous” to suggest Trump “is doing anything for his own benefit.”

The Daily Mail has photos of the interior, fit for a Sultan.