Archives for category: Extremism

Governor Greg Abbott and Lt. Governor Dan Patrick want vouchers in Texas, just like other red states. So they swallow a bunch of myths about the benefits of choice. They want a subsidy of $10,000 for every child who wants to attend a private or religious school, and they ignore research that tells them their assumptions about vouchers are wrong. For one thing, if every one of the 300,000 plus students asked for a voucher, it would immediately cost the state $3 billion! But they are indifferent to actual evidence. Is it wishful thinking or the desire to please their hard-right funders that drives them to overlook the needs of the more than 5 million students in public schools?

The editorial board of the Houston Chronicle, one of the state’s largest newspapers, dissected the shabbiness of their claims:

Here are the best arguments for vouchers — and why they’re wrong.  

Claim: Vouchers increase choice.

Who could be against choice? Not us. We’re just against a lack of accountability.

Texas is already awash in choice.

Take Houston ISD, with its mix of magnet schools, charter schools and traditional public schools. Texas also allows districts to participate in interdistrict open enrollment. And even if the districts don’t participate, students in certain low-performing schoolscan still request a transfer to another school in their district or even in another district.

If lawmakers want more choice, the state should be looking for ways to double down on what’s already working —and in some people’s eyes, that includes charters. Research is mixed there, too, on whether charter schools really perform any better than traditional public schools but at least there’s a thin layer of oversight. Over private schools, there could be none.

Claim: Vouchers increase choice for all students.

As more states adopt large-scale voucher systems, a clearer picture of who tends to benefit first is emerging: families already enrolled in private schools. “The only people it’s going to help are the kids who don’t need the help,” was how one rural Republican representative put it in November.

In Arizona, 80 percent of recipients were already enrolled in private schools. And when private school tuition at the top schools is tens of thousands of dollars, the benefit of a $10,000 subsidy might close the gap for a middle-income family, but is decidedly less able to do so for a low-income one. Those top tier private schools aren’t, by and large, the ones suddenly within reach. And they’re still able to reject students.

So what does that leave?

“The typical voucher school is what I call a sub-prime provider,” Joshua Cowen, a policy analyst and professor of education policy at Michigan State University, said. “They often pop up once a state passes a voucher program.”

Claim: Vouchers improve outcomes.

In the early days of smaller, more targeted voucher programs, the research seemed promising. But that promise has largely evaporated as programs have scaled up.

“I’ve been in both eras of this work,” Cowen explained. The early studies “are still the best evidence we have that vouchers work and they are 20 years old.” Instead he said more recent studies of Louisiana, Ohio and other large-scale voucher programs have shown “catastrophic, devastating outcomes” in student test scores, on par with the disruption caused by disasters including Hurricane Katrina.

Why? In part, lack of accountability.

“They don’t have to take STAAR, they don’t have to fall under A-F, they don’t have to accept all kids with a voucher,” said Bob Popinski, the senior director of policy at Raise Your Hand Texas, a public policy nonprofit that advocates for public education.

There are some programs that have added accountability guardrails with some positive effect, but without knowing what might take shape in Texas, a state that already struggles to regulate the proliferation of choice that exists today, we’re not hopeful.

Claim: Vouchers fight indoctrination.

In Texas, this latest fight for “school choice” has been tied just as often to supposed fights over curriculum and library books as it has been to improving learning.

It’s a dubious argument, alleging that public schools are indoctrinating children with what Abbott called “woke agendas.” Meanwhile, private schools that actually do follow a particular dogma of one stripe or another would actually stand to benefit the most through expanded voucher programs that suddenly mean public dollars can, in fact, support private religious schools free to teach whatever they believe.

That fight has been funded by conservative groups with deep pockets and focuses on buzz words and book titles – things that most parents aren’t really concerned about.

Literacy. Math. Bullying. Responsiveness.

Those are the issues that Colleen Dippel, director of Families Powered, hears most often from the parents who rely on her service to help navigate the many school choices currently available. Her organization supports more choice, including in the form of an effective voucher program, but she stressed that she’s equally likely to steer a parent to a public school as she is a charter or private school.

“It’s not the job of the parents to fix the schools,” she said of helping parents find the best fit for their child. “We have to start listening to them.” We agree but we believe the solutions should and can happen within our public schools.

Claim: We can fund both vouchers and public schools.

“We can support school choice and, at the same time, create the best public education system in America,” Lt. Gov. Dan Patrick wrote in support of vouchers back in 2022 when he was gearing up for this legislative session. “These issues are not in conflict with each other.”

In the State of the State, Abbott promised that public schools will remain fully funded if the state expanded its limited education savings accounts available to families with students with special education needs.

These statements are laugh-to-keep-from-crying wrong.

Despite Abbott’s repeated “all-time high” claims about school funding, Texas already fails to support schools adequately now, falling well below the national average in per pupil spending. Other states, meanwhile, are already showing just how costly voucher schemes are and how they can further drain public education in the long-term.

At first, school district funding looks stable, maybe even stronger thanks to occasional sweeteners such as a boost in the basic allotment or a one-time teacher pay increase, according to Cowen.

“Those are all short-term ways to make it harder to vote against,” he said. “But you can’t sustain that in the long-run.”

Within two or three budget cycles, he said, the state can’t keep up funding two parallel education systems. And eventually the state aid to school districts takes a hit. That’s what public school districts say happened in Ohio in a lawsuit that claims the state’s voucher system has siphoned “hundreds of millions of dollars of taxpayer funds into private (and mostly religious) institutions.”

Here in Texas, one-ranking official even confirmed as much in a secretly recorded conversation in which he said that public schools could lose out on funding if a student opted for a voucher: “maybe that’s one less fourth grade teacher,” the official explained.

In short: vouchers don’t make sense, or cents, for Texas. Lawmakers should reject them. Again.

Florida Governor Ron DeSantis holds regular press conference where he issues new policies intended to curb the freedoms of some marginalized group or to impose his views on the whole state. Whenever he eliminates someone’s freedom, he boasts about Florida standing for “freedom.” What he means is that in Florida, everyone is free to agree with him.

Obviously he’s running for the Republican nomination for President, and he has decided that he must out-Trump Trump. He must be more racist, more homophobic, more xenophobic, and more contemptuous of democratic norms than Trump.

Trump often complained about his inability to sue reporters who criticized him. Many years ago, the Supreme Court ruled that prominent public figures could not sue the press for libel unless they are able to prove “malicious intent.” This standard was so high that it was virtually impossible for a president or governor or senator to sue and win.

DeSantis intends to change that by crafting a new law making it easier for him to sue reporters. This law, if challenged, would go all the way to the U.S. Supreme Court. It could curtail press freedom across the nation.

Gov. Ron DeSantis has targeted one political enemy after another, from removing a top state prosecutor in Tampa who disagreed with him on abortion rights to promoting an “anti-woke” agenda that limits the teaching of racism in public schools and diversity hiring programs at universities. He even went after business behemoth Disney when its CEO opposed an educational bill, dubbed by critics as the “Don’t Say Gay” law.

Now, Florida lawmakers — with the support of the governor — are taking aim at the media, pushing legislation that would dramatically weaken legal standards in place for more than a half century that protect the freedom of the press to report on politicians and other powerful public figures.

The bill would make it easier to sue media outlets for allegations of defamation and make it harder for journalists to do their jobs by undermining the use of unnamed sources, an important reporting tool — particularly for media trying to pull back the curtain on the dealings of elected officials.

Many First Amendment advocates and legal experts say it is clearly intended to muzzle reporters who serve as watch dogs for the public. “I see this as a deliberate effort to punish media organizations that have been critical of the governor and the Republican Legislature,” Thomas Julin, a First Amendment attorney with the Gunster law firm in Miami, said in an interview. “It’s doing that by stripping away protections that were seen as essential for those organizations to remain strong.

“It’s encouraging more people to file more damage claims and punitive damage claims against media organizations,” Julin told the Herald. “They’re trying to put them out of business. … What’s disturbing is that it’s meant to help DeSantis get elected as president — not because it’s good policy.”

The bill, filed by a GOP lawmaker this week, also poses a threat to press freedom beyond Florida. Given the governor’s clout in Tallahassee, it stands a solid chance of passage this spring in the Republican-controlled state Legislature and would likely spur more defamation cases in Florida, legal experts say.

Because of the clear-cut constitutional questions, the legislation could eventually be appealed all the way to the United States Supreme Court, where at least two justices have already signaled they are interested in revisiting libel law and press protections.

The Florida legislation (HB991) aims to eliminate longstanding protections for the news media in their coverage of politicians, government officials and public figures. For starters, the bill directly challenges a 1964 landmark U.S. Supreme Court ruling, New York Times v. Sullivan, that created a formidable standard — “actual malice” — in defamation disputes.

When the Civil Rights-era case in Alabama was decided as a constitutional First Amendment issue, the Supreme Court unanimously defined the new actual malice standard as making a false statement about a public official “with reckless disregard of whether it was false or not.” Those words were critical because from that point forward, public officials, along with public figures later on, have been faced with proving that a media outlet knew its reporting was false or inaccurate to clear the “actual malice” bar in a defamation lawsuit.

If passed, Florida’s anti-media bill would be the only one of its kind in the nation. But First Amendment advocates fear other states could follow and the legislation could clear the path for weakening press protections across the county.

Two conservative Supreme Court justices, Clarence Thomas, who is admired by DeSantis, and Neil Gorsuch, already have expressed in prior libel case rulings their interest to reevaluate that bedrock legal principle, citing the rapidly changing digital landscape of news reporting propelled by rampant misinformation, inaccuracies and conspiracies posted on social media site.

The Court already demonstrated its indifference to precedent by overturning Roe v. Wade.

Read more at: https://www.miamiherald.com/news/politics-government/article272580860.html#storylink=cpy

It should be common knowledge by now that Trump lost the 2020 election. It was not a close election. He decisively lost both the popular vote and the electoral college. In 2016, he won the electoral college while decisively losing the popular vote to Hillary Clinton. She could have easily spent four years claiming that she was cheated by an archaic institution (the electoral college), but she had two strong reasons to accept the result and remain silent: one, she has a deep knowledge of and respect for the Constitution; two, I suspect she was genuinely fearful that the impulsive fool who beat her would act on his oft-claimed desire to “lock her up” on Trumped-up charges.

A significant proportion of Republican voters believe that the 2020 election was stolen. Trump says so. More important, FOX “News” said so daily, incessantly. Despite the fact that Trump’s legal team lost more than 60 court cases, two of them in the US Supreme Court, FOX continued to put its spotlight on election deniers. In doing so, FOX undermined the public’s belief in our electoral system.

States conducted recounts and audits, even hand recounts. Arizona engaged an inexperienced firm to conduct its recount, and Biden gained more votes. None of the recounts uncovered fraud or changed the outcomes. Nonetheless FOX fueled doubts where there was no evidence of chicanery.

Dominion Voting Systems sued FOX for $1.6 billion for defaming it, for spreading lawyer Sidney Powell’s claims that Dominion machines had switched Trump votes to Biden votes, that Dominion was somehow connected to the late Venezuelan dictator Hugo Chavez. The other voting machine company, Smartmatic, has also filed defamation lawsuits.

During the course of the lawsuit, Dominion was able to gain access to internal emails among the hosts and producers at FOX. The emails revealed that the FOX people knew they were broadcasting lies. They did it because they were fearful that their audience would go to farther-right networks that fed their fantasy that Trump was cheated.

The New York Times wrote about the FOX debacle today:

Two days after the 2020 election, Tucker Carlson was furious.

Fox News viewers were abandoning the network for Newsmax and One America News, two conservative rivals, after Fox declared that Joseph R. Biden Jr. won Arizona, a crucial swing state.

In a text message with his producer, Alex Pfeiffer, Mr. Carlson appeared livid that viewers were turning against the network. The message was among those released last week as part of a lawsuit by Dominion Voting Systems against Fox. Dominion, an elections technology company, has sued Fox News for defamation.

A graphic shows a text exchange from Carlson to Pfeiffer.

Carlson to Pfeiffer

We worked really hard to build what we have … It enrages me.

At the same time, Mr. Carlson and his broadcasting colleagues expressed grave doubts about an unfounded narrative rapidly gaining momentum among their core audience: that the 2020 presidential election was stolen by Democrats through widespread voter fraud. The belief was promoted by then-President Trump and a coalition of lawyers, lawmakers and influencers, though they produced no evidence to support their assertions.

Many hosts, producers and executives privately expressed skepticism about those claims, even as they gave them significant airtime, according to private messages revealed last week by Dominion. What they said in those messages often differed significantly from what Fox hosts said in public, though they weren’t always contradictory.

Two days after the election, Mr. Pfeiffer said that voices on the right were “reckless demagogues,” according to a text message. Mr. Carlson replied that his show was “not going to follow them.”

A graphic shows a text exchange between Pfeiffer and Carlson.

Said privately on Nov. 5, 2020

Pfeiffer to Carlson

It’s a hard needle to thread, but I really think many on ‘our side’ are being reckless demagogues right now.

Carlson to Pfeiffer

Of course they are. We’re not going to follow them.

But he did follow them. The same day, on “Tucker Carlson Tonight,” Mr. Carlson expressed some doubts about the voter fraud assertions before insisting that at least some of the claims were “credible.”

A graphic of a text exchange, followed by a video clip of Carlson on “Tucker Carlson Tonight.”

Said publicly on Nov. 5, 2020

Carlson: “Not all the claims are credible — some are. … Serious questions about the legitimacy of ballots remained unanswered.”

In the days and weeks that followed, Mr. Carlson was one of several Fox News hosts who repeatedly took a different tone when speaking to viewers on air than when they were talking privately.

The private conversations pose a serious legal threat to the nation’s most-watched cable news network. Dominion has obtained thousands of emails and text messages from Fox employees as part of its $1.6 billion suit. The messages, taken as a whole, are at the core of Dominion’s case.

Fox News has argued in court that the First Amendment protects its right to broadcast false claims if they are inherently newsworthy — and in this case that there was nothing more newsworthy at the time than a sitting president’s allegations of widespread voter fraud.

In a statement, the company said that “the core of this case remains about freedom of the press and freedom of speech, which are fundamental rights afforded by the Constitution” and protected by legal precedent. It added, “Dominion has mischaracterized the record, cherry-picked quotes stripped of key context, and spilled considerable ink on facts that are irrelevant under black-letter principles of defamation law.”

But if a jury looks at the messages from Fox hosts, guests and executives and concludes that people inside the network knew what they were putting on the air was false, it could find Fox liable and reward Dominion with substantial financial damages.

On Nov. 7, 2020, Mr. Carlson told Mr. Pfeiffer that claims about manipulated software were “absurd.” Mr. Pfeiffer replied later that there was not enough evidence of fraud to swing the election.

A graphic of a text exchange between Pfeiffer and Carlson.

Said privately on Nov. 7, 2020

Carlson to Pfeiffer

The software shit is absurd.

Nov. 8, 2020

Pfeiffer to Carlson

I dont think there is evidence of voter fraud that swung the election.

But during his broadcast on Nov. 9, Mr. Carlson devoted time to various theories, suggesting there could be merit to claims about software manipulation. “We don’t know, we have to find out,” he said.

A video clip of Carlson on “Tucker Carlson Tonight.”

Said publicly on Nov. 9, 2020

Carlson: “We don’t know anything about the software that many say was rigged. … And you are not crazy for knowing it. You are right.”

Mr. Carlson also privately criticized Sidney Powell, a lawyer and conspiracy theorist who was gaining traction among the far right for her involvement in several lawsuits aimed at challenging the election results, the court filings show. Lou Dobbs and Maria Bartiromo, two hosts on Fox Business, a sister channel to Fox News that is also part of Dominion’s lawsuit, repeatedly invited Ms. Powell onto their shows as an expert on voter fraud claims.

A graphic of a text message from Carlson.

Said privately on Nov. 16, 2020

Carlson to Pfeiffer

Sidney Powell is lying

Mr. Pfeiffer told Mr. Carlson over text message that election fraud claims, like those being made by Ms. Powell, “need to be backed up.” He warned that President Biden faced being undermined if he was eventually inaugurated.

Mr. Carlson agreed, the filings show.

A graphic of a text message from Carlson.

Said privately on Nov. 18, 2020

Carlson to Pfeiffer

Yep. It’s bad.

The next day, Mr. Carlson eviscerated Ms. Powell in a brutal 10-minute monologue, dissecting her claims as unreliable and unproven. He said the show had repeatedly asked her for evidence and, “when we kept pressing, she got angry and told us to stop contacting her.”

A video of Carlson from “Tucker Carlson Tonight.”

Said publicly on Nov. 19, 2020

Carlson: “She never demonstrated that a single actual vote was moved illegitimately by software from one candidate to another. Not one.”

In the same monologue, however, Mr. Carlson also gave some credence to Ms. Powell’s claims, saying that “we don’t dismiss anything anymore” and that he is “hopeful” she will come forward with evidence.

A video of Carlson from “Tucker Carlson Tonight.”

Said publicly on Nov. 19, 2020

Carlson: “We did not dismiss any of it. We don’t dismiss anything anymore.”

Viewers expressed outrage at Mr. Carlson for challenging a prominent Trump ally. And Mr. Trump’s associates quickly jumped to her defense.

Privately, Mr. Carlson continued to criticize Ms. Powell, calling her claims “shockingly reckless.” Mr. Pfeiffer and Mr. Carlson both privately called her a “nut.” Laura Ingraham, who is the host of a 10 p.m. show, and Raj Shah, a senior vice president at the Fox Corporation, the network’s corporate parent, were equally incredulous.

A graphic of several text messages from Raj Shah, Pfeiffer, Carlson and Ingraham.

Said privately on Nov. 22, 2020

Shah to Pfeiffer

so many people openly denying the obvious that Powell is clearly full of it.

Pfeiffer to Shah

She is a [expletive] nutcase.

Carlson to Ingraham

[Powell is] a nut, as you said at the outset. It totally wrecked my weekend. Wow… I had to try to make the WH disavow her, which they obviously should have done long before

Ingraham to Carlson

No serious lawyer could believe what they were saying.

Carlson to Ingraham

But they said nothing in public. Pretty disgusting.

The next day, Mr. Carlson appeared to soften his public stance, suggesting that some of the criticisms about voting machines had merit and concluding, “This is a real issue no matter who raises it.”

The article goes on to demonstrate that FOX hosts Lou Dobbs and Maria Bartiromo continued to feature Powell on their shows and allow her to spread her deep belief that Dominion voting machines were rigged.

The private messages also showed that Ms. Powell was in direct communication with Ms. Bartiromo and Mr. Dobbs, and that she revealed one of the sources for her outrageous claims. The court filings showed that Ms. Powell forwarded an email about voter fraud to Ms. Bartiromo from the source, a woman who claimed, among other things, that “the Wind tells me I’m a ghost.”

If Ms. Bartiromo was deterred by the unusual email, it was not evident to Fox News viewers. Ms. Powell was interviewed on the show the next day….

Several Fox News hosts and producers were criticizing Ms. Powell, including John Fawcett, a producer on Mr. Dobbs’s show, who said he believed Ms. Powell was “doing LSD and cocaine and heroin and shrooms.”

A text message from Ingraham.

Said privately on Nov. 15, 2020

Ingraham to Hannity and Carlson

Sidney Powell is a bit nuts. Sorry but she is.

But those criticisms never made it to air. Instead, when Ms. Powell appeared again on Mr. Dobbs’s show days later, she was hailed as a “great American” and “one of the country’s leading appellate attorneys.”

Although the producer of the Lou Dobbs show said derogatory things about Powell, Lou Dobbs brought her back as an expert on election security.

The next month, after Smartmatic, a competitor of Dominion Voting Systems, sent a letter to Fox News signaling that litigation was imminent, the network put together a video package of an election expert debunking the conspiracy theories that suggested the company’s technology allowed the presidential vote to be rigged. It aired on the programs hosted by Mr. Dobbs, Ms. Bartiromo and Jeanine Pirro.

On Feb. 5, 2021, one day after Smartmatic filed a defamation lawsuit against Fox, Fox Business canceled “Lou Dobbs Tonight.” At the time, Fox said it regularly reviewed its lineup. “Plans have been in place to launch new formats as appropriate postelection, including on Fox Business,” the network said.

Let’s see what the jury decides in Dominion’s and Smartmatic’s lawsuits against FOX and against specific individuals.

The Network for Public Education posts regular features from the perspective of parents about their public schools. Some stories have a happy theme, some don’t. This post was written by Matt Gawkowski, a parent in Colorado who was very happy with the local public school. Then a slate of extremists took control of the local school board and created disruption. Matt became an activist. He had to.

I Never Thought I’d Become a Public School Activist. Then Extremists Took Over the School Board.

Matt Gawlowski

Like so many school districts across the country right now, rural Woodland Park, Colorado is being torn apart by politics. School board meetings are contentious, students are afraid and teachers are threatening to leave. Our community is fracturing.

It hasn’t always been this way. While Woodland Park is a politically conservative place, the schools have always felt isolated from politics. The political affiliation of parents, teachers and school board members didn’t matter because everyone worked together and took pride in the local schools. I was one such proud parent.

When I was asked to join the School Accountability Committee at my daughter’s school many years ago, I jumped at the chance. As a data nerd, I came away feeling deeply impressed by the school’s fiscal responsibility. When I sat in on a presentation by the superintendent at the time about the district budget, the fiscal conservative side of me was similarly dazzled. This was a school district that had its act together, I recall thinking.

Then in the fall of 2021, a group of four candidates who’d promoted themselves as ‘the conservative choice’ were elected to the school board. They quickly moved to transform the district, starting with the adoption of a sharply adversarial tone. In an email, one board member described teachers and their union as ‘the enemy.’ The founder of our local Christian bible college, an uncredited evangelical school that set up shop here several years ago, bragged about taking over the school board and announced that he’d sent a spy into the district to identify “homosexual books.”

And that was just the start. The new board approved a controversial charter school, one that the previous board had rejected, in part because enrollment in our rural district is declining. The rushed process not only violated open meeting laws but saddled the district with enormous consulting and legal fees. The board also terminated the previous superintendent’s contract, once again at great expense to the district, then chose controversial former school board member Ken Witt to serve as interim. Witt briefly served on the school board in Jefferson County but was recalled by voters after he accused the AP US history course of being insufficiently patriotic.

During a raucous meeting, the board voted to hire Witt over widespread opposition from students, parents, teachers and community members. The last member of the original school board, and the lone voice of reason in meetings, resigned. Students led two walkouts to protest and began showing up at board meetings to voice their opposition. The board blamed a teacher for the students’ actions and put her on administrative leave.

We fear that much worse is still to come. Radical curriculum reform (the board recently adopted the conservative American Birthright civics program, even after the state rejected it as too extreme), merit pay for teachers, and an effort to transform Woodland Park into an all-charter district will likely be on the agenda. Already, dozens of teachers have indicated that they’ll be leaving at the end of the school year. I am not opposed to honest, well-planned efforts to improve our district. But this board’s politically motivated actions have created massive disruption in the schools and the community.

My front row view of the battles taking place in my daughter’s school district has turned me into something I never thought I’d become: an activist. I certainly never thought I’d see the day when I’d be called a “hard left union lap dog wanna be thug,” as one director of the school board recently referred to me. In fact, I’m neutral on unions. A former registered Republican who once purchased a book by Rush Limbaugh I like low taxes, balanced budgets, and limited government. The truth is that I’d much rather just go back to being a dad and an introverted engineer, not the guy who is now an expert on submitting open records requests, and is a prominent voice in a Facebook group of similarly minded parents and community members.

I love our public schools and look at the country they have helped mold with pride. When I saw that the teachers and students in our local schools needed parents like me to speak up when they couldn’t, I had no choice but to step up. I hope that my story will inspire folks in communities where similar battles are raging to do the same.


Matt Gawlowski is a longtime parent in the Woodland Park RE-2 school district in Colorado. When not working as a mechanical engineer, you’ll find him outside trail running, backpacking, or skiing, depending on the season. You can follow him on Twitter and Instagram at @EspressoMatt or at http://supportwpschools.com

George Scialabba wrote this essay in Commonweal. It is worth your while to read it and think about it. It might help explain why so many red states are unwilling to fund public schools and prefer to spend public money subsidizing the tuition of children already attending private schools, transferring public funds to private and religious schools.

Unless we have reached the end point of humankind’s moral development, it is pretty certain that the average educated human of the twenty-third century will look back at the average educated human of the twenty-first century and ask incredulously about a considerable number of our most cherished moral and political axioms, “How could they have believed that?” We do it every time a movie like Twelve Years a Slave or a novel like The Handmaid’s Tale or a play like Angels in America or a work of history like Bury My Heart at Wounded Knee or of journalism like Michael Harrington’s The Other America prompts us to ask, “How could decent, intelligent people have believed they were entitled to treat other human beings like that?”

So let’s interrogate some of our beliefs about political morality with the eyes of our descendants. Two four-letter words lie at the heart of contemporary America’s public morality: “free” and “fair.” “It’s a free country” is every American’s boast; “I only want a fair shake” is every American’s plea. I doubt I need to remind many Commonweal readers of the more flagrant forms of unfairness in our national life—that one American child in five lives below or near the poverty line; that somewhere between 80 and 90 percent of our economy’s productivity gains since 1980 have gone to the top 10 percent of the income distribution; that the top twenty-five hedge-fund managers earn more than all the nation’s kindergarten teachers combined; that 100,000 Americans will die for lack of health care over the next ten years in order to give a large tax cut to Americans with incomes above a half-million dollars; and so on and so on, down the long and shameful catalog. You all read the newspapers. Our twenty-third-century descendants may ask—they will ask—how we could have tolerated such unfairness; but they won’t ask how we could have believed such inequalities to be fair, because we don’t, most of us, believe them to be fair. Let’s instead consider a different question: whether our present-day ideals of fairness and freedom, even if we lived up to them, would satisfy our descendants.

The average CEO now earns around three hundred times as much as his or her average employee. Many people are dismayed at the contrast with the good old days of the Eisenhower administration, when CEOs earned only thirty times as much as their average employees and paid a far higher tax rate, and yet the country didn’t exactly seem to be going to the dogs. But let’s put aside our reaction to this striking change and ask more generally whether and why some people ought to earn more than others.

The usual answer, I suppose, is that people deserve whatever they get through the operation of supply and demand. The competitive marketplace quantifies the value that one’s efforts have for others. Some people (like doctors) employ vital skills; some people (like baseball players) give exceptional enjoyment; some people (like corporate executives) assume extra responsibilities; some people (like investors) forego luxury consumption. All such people are rewarded in proportion to the satisfaction they furnish others, as measured by others’ willingness to pay, directly or indirectly, for those satisfactions. No payment, no service. As Adam Smith wrote: “It is not from the benevolence of the butcher, the brewer, or the baker that we expect our dinner, but from their regard to their own interest.”

Of course, it’s not that simple. Consider those doctors, baseball players, and executives I used as examples of economic agents who exchange services for money. In fact, they—like you, like me—live with only one foot in a market economy and the other in a gift economy. Any doctor or scientist or athlete or nurse or teacher or carpenter worth her salt feels at least occasionally that she is making a gift of her best efforts; and as with all such gifts, the chief reward is internal: the pleasures of giving and of exercising one’s faculties at their highest pitch.

Nowadays, the gift economy leads a precarious existence, appearing mostly in commencement-day addresses in which graduates are exhorted to follow their dreams, while most of the poor things are worrying frantically about how to pay their debts. The family is a gift economy, and so is culture, including both the arts and the sciences, as well as the shrinking public and nonprofit spheres. Ever since that most fateful of innovations, industrial mass production, has become virtually universal, the market economy has progressively squeezed out the gift economy. In a mature capitalist society, competition grows in both extent and intensity—that is, both between and within economic units. Creativity and generosity are not forbidden but they are no longer self-justifying; they are, on the contrary, subordinated, like all activity in the non-public sphere, to the goal of increasing shareholder value. In the private economy, you can do whatever you like—create beauty, pursue truth, help others—as long as what you like to do makes someone a profit.

I said earlier that people in a market economy are rewarded in proportion to others’ willingness to pay. That willingness to pay is the measure of value in a market economy; and so, to say that a person deserves what she earns is to say that there is at least a rough correspondence between the value of what she produces and the value of what she receives. As Milton Friedman, the high priest of American capitalism, put it: “The ethical principle [underlying] the distribution of income in a free-market society is, ‘To each according to what he and the instruments he owns produces.’”

This notion of desert rests on the assumption that two distinctions can be made rigorously: first, that one person’s input—to any output or outcome at all—can be sharply distinguished from all other inputs; second, that merit can be distinguished from luck—that is, that diligence, good judgment, talent, and other productive qualities and character traits are not fully attributable to biological endowment, early environment, education, and other contingent and therefore morally arbitrary sources. I don’t believe those distinctions hold up.

Let’s take that CEO, and let’s assume we know somehow that she produces thirty or three hundred times as much as her average employee. Causation is a transitive relation, and production is a kind of causation. If A is a cause of B, and B is a cause of C, then A is a cause of C. If A contributes to the production of B, and B contributes to the production of C, then A has contributed to the production of C. Now, who has contributed to the production of our CEO and, therefore, to the production of whatever she produces? Clearly, her parents, spouse, teachers, fellow students, predecessors, colleagues, rivals, and friends, along with all their parents, spouses, teachers, fellow students, predecessors, colleagues, rivals, and friends, along with all those who created the physical, organizational, and cultural resources employed in the production of whatever our CEO produces, along with all their parents, spouses, teachers, fellow students, predecessors, colleagues, rivals, and friends, and, it goes without saying, all their parents, spouses, teachers, and so on through what is, if one wants to insist on the point, an infinite chain of causes.

I do want to insist on the point. Einstein famously wrote: “I have all along been standing on the shoulders of giants.” So has our CEO. Exceptional contributions, whether to art, science, or the Gross National Product, are prepared for by the whole previous development of the field. People who make brilliant, courageous, and illuminating mistakes, which may be indispensable to the ultimate success of a rich and famous artist, scientist, or entrepreneur, are not, in a competitive market system, retrospectively and proportionately rewarded for their contributions, even though Friedman’s definition of justice would seem to require it.

My point is that all production is social production. The productive assets of every age are the joint product of all preceding ages, and all those born into the present are legitimately joint heirs of those assets. And the same arguments for joint rather than individual inheritance of wealth created in the past apply to the distribution of income in the present. If this seems counterintuitive, it is perhaps because there persists a deep and ancient distinction between luck and merit, according to which we deserve praise and reward for our good actions, though not for our good fortune. But what if our good actions are the results of our good fortune?

Philosophy assimilates scientific discoveries slowly. As a result, it is always riddled with archaic concepts and images, survivals from an earlier scientific epoch. One such survival, it seems to me, is the concept of merit. It has always been partly recognized (it is, indeed, implicit in the word “gifted”) that talents and aptitudes come under the heading of luck rather than merit. But the inescapable implication of modern genetics, neurobiology, and psychiatry is that character, no less than talent, is inherited or else formed by very early experiences. Diligence, decisiveness, initiative, coolness under pressure—all these entrepreneurial virtues—are, no less than intellectual or manual abilities, part of one’s natural endowment. And from a strictly moral point of view, no one deserves a reward for being born luckier than someone else. I imagine the twenty-third century will ask: “Why did you make talent and character the measure of an individual’s desert rather than of her obligations? How could you have overlooked what is to us the obvious and elementary principle of fairness: from each according to her abilities, to each according to her need?…”

If we could speak with our nineteenth-century counterparts, we might ask questions like: “Why did you believe it legitimate for one person to own another? Why did women seem to you incapable of self-determination? Why did you consider that political authority could be inherited, for example by monarchs or aristocrats?” If they defended their morality against ours, we might learn a good deal by trying to rebut them and vindicate our own moral intuitions.

Similarly, we should try to imagine which of our current beliefs might seem benighted to our twenty-third century descendants. I suspect they will want to ask us questions like: “Why did you base desert on performance, which can’t be measured and is in any case a function of one’s endowments? After all, no one deserves her endowments. Why did you make that strangely artificial distinction between the political and the economic? It looks as though your only purpose was to prevent economic democracy. Why did you define freedom so narrowly, as the absence of constraints on one person’s right to employ her capital but not on another person’s right to realize her capacities? Why did you assume that contracts between parties with radically unequal resources could be free?”

You should read it all and ask yourself: Why do we tolerate such radical inequalities?

Austin Bailey writes in The Arkansas Times about a disappearing kind of Republican: the old-timers who supported their community public schools. As they die out, they are replaced by the newcomers in the mold of Governor Sarah Huckabee Sanders, who abhor anything provided by government, no matter what the consequences.

Sanders has proposed a sweeping voucher bill that will send hundreds of millions of dollars to students already enrolled in private and religious schools. A while back, there were Republicans who would have fought her. Their numbers are dwindling.

Bailey writes:

It’s a different era at the Arkansas Capitol these days, with emboldened and Trumpy Republicans unafraid to mislead, obfuscate and say the quiet parts out loud.

Innocent and harmless trans kids get crammed into metaphorical lockers over there all the time now, a convenient scapegoat for white evangelical bullies virtue signalling their Aryan heteronormativity. Poor people who need housing and food are also sitting ducks, powerless to punch back at upper-middle-class legislators chastising them to get a job already.

But the most deafening quiet part blaring in our ears this week was the message that providing a solid education to all children in Arkansas is kind of a drag, so the state should give up on that idea altogether and let the free market handle it. Sure, we will be leaving families who lack the cash, resources or elitism required to bail on democracy’s greatest invention to languish in public schools whose funding bases shrink as taxpayer money goes to private schools. But for those who stay put in those starving public schools — either because they love them, or because there are no other options close by, or because a $7,000 voucher covers only part of the tuition and other expenses required for a private education — well, that’s their “choice.”BRIAN CHILSONRep. Bruce Cozart is plumb worn out.

Rep. Bruce Cozart (R-Hot Springs), former chair of the House Education Committee and a 10-year Capitol veteran, all but admitted this week that the fight for equity in education is lost. Cozart met with a cluster of public school teachers who came to Little Rock from across the state to try to figure out what the hell is going on. Gov. Sarah Sanders continues to dangle foreboding sound bytes about “bold, conservative reform,” “education freedom accounts” and merit pay, but there’s nothing yet on paper and teachers are understandably desperate for details.

A veteran in the fight against school vouchers, Cozart is laying down his sword.

“I know you are disappointed in me, but I have been fighting vouchers for eight years and I am just tired. There is nothing I can do,” he told teachers Wednesday.

Did he really say this stuff? Yes! Reached by phone Friday morning, Cozart gave some lip service to what he said were the good intentions of his Republican colleagues, but confirmed the conversations.

There are other Republican advocates of public schools in the Arkansas Legislature, but they’re seemingly a dying breed. Sen. James Sturch, an educator and reliable public school champion, got primaried and lost his seat in 2022 to pro-voucher candidate John Payton. Republican Rep. Jim Wooten of Beebe is still hard at work trying to push bills to keep vouchers from widening the gap between “haves and have-nots.” A couple of Republicans recently went along with Wooten’s bill to require private schools that accept public money in the form of vouchers to issue standardized tests and admit all comers, but most Republicans in the House Education hearing did not. The bill died in committee.

Sanders’ Arkansas LEARNS is expected to drop any day now, and it’s going to whip the rug out from under all the educators, families and students who believe in the ideals of community and collective opportunity our public schools still embody.

It’s absolutely true that many Arkansas public school students struggle in the classroom. That’s because they struggle outside the classroom, too. Arkansas kids face more than their share of poverty, food insecurity and trauma, and without fixing those external factors, these students won’t have the energy and focus they need to excel in the three Rs.

But ending hunger and poverty is hard; shitting on public schools is easy. The governor and her compliant stairwell full of cheering white conservatives know it’s much easier to blame poor showings on national standardized test dashboards on bleeding heart teachers and their crumbly old schools.

Arkansas LEARNS, this looming assault on the children who need help the most, will literally send hundreds of millions of public dollars to families already paying private school tuitions without taxpayers’ help, and we need to talk about it.

“The rich want vouchers. That’s who this legislation is for. The rich. They want it and they are going to get it. I am sorry but that’s just the truth,” Cozart said. Sometimes saying the quiet part out loud isn’t a bad thing

Timothy Snyder, the noted historian of democracy and tyranny at Yale University, wrote a post listing fifteen reasons why the world needs Ukraine to win and defeat Russian aggression against its very existence as a nation. Most important is to stop the genocidal slaughter of Ukrainians. The New York Times documented 339 significant cultural sites—museums, performing arts centers for theater, music, and dance, historical sites, and other cultural treasures—that have been destroyed in the Russian effort to eliminate Ukrainian existence as a nation.

He writes:

Why does the world need a Ukrainian victory?

1. To halt atrocity. Russia’s occupation is genocidal. Wherever the Ukrainians recover territory, they save lives, and re-establish the principle that people have a right not to be tortured, deported, and murdered.

2. To preserve the international legal order. Its basis is that one country may not invade another and annex its territory, as Russia seeks to do. Russia’s war of aggression is obviously illegal, but the legal order does not defend itself.

3. To end an era of empire. This could be the last war fought on the colonial logic that another state and people do not exist. But this turning point is reached only if Russia loses.

4. To defend the peace project of the European Union. Russia’s war is not directed only against Ukraine, but against the larger idea that European states can peacefully cooperate. If empire prevails, integration fails.

5. To give the rule of law a chance in Russia. So long as Russia fights imperial wars, it is trapped in repressive domestic politics. Coming generations of Russians could live better and freer lives, but only if Russia loses this war.

6. To weaken the prestige of tyrants. In this century, the trend has been towards authoritarianism, with Putinism as a force and a model. Its defeat by a democracy reverses that trend. Fascism is about force, and is discredited by defeat.

7. To remind us that democracy is the better system. Ukrainians have internalized the idea that they choose their own leaders. In taking risks to protect their democracy, they remind us that we all must act to protect ours.

8. To lift the threat of major war in Europe. For decades, a confrontation with the USSR and then Russia was the scenario for regional war. A Ukrainian victory removes this scenario by making another Russian offensive implausible.

9. To lift the threat of major war in Asia. In recent years, a Chinese invasion of Taiwan has been the leading scenario for a global war. A Ukrainian victory teaches Beijing that such an offensive operation is costly and likely to fail.

10. To prevent the spread of nuclear weapons. Ukraine gave up nuclear weapons. Russia, a nuclear power, then invaded. If Ukraine loses, countries that can build nuclear weapons will feel that they need to do so to protect themselves.

11. To reduce the risk of nuclear war. A Ukrainian victory makes two major war scenarios involving nuclear powers less likely, and works against nuclear proliferation generally. Nothing would reduce the risk of nuclear war more than Ukrainian victory.

12. To head off future resource wars. Aside from being a consistent perpetrator of war crimes, Russia’s Wagner group seizes mineral resources by violence wherever it can. This is why it is fighting in Bakhmut.

13. To guarantee food supplies and prevent future starvation. Ukraine feeds much of the world. Russia threatens to use that food as a weapon. As one Russian propagandist put it, “starvation is our only hope.”

14. To accelerate the shift from fossil fuels. Putin shows the threat that hydrocarbon oligarchy poses to the future. His weaponization of energy supplies has accelerated the turn towards renewables. This will continue, if Russia loses.

15. To affirm the value of freedom. Even as they have every reason to define freedom as against something — Russian occupation –, Ukrainians remind us that freedom is actually for something, the right to be the people they wish to be, in a future they can help shape.

I am a historian of political atrocity, and for me personally number 1 — defeating an ongoing genocidal project — would be more than enough reason to want Ukrainian victory. But every single one of the other fourteen is hugely significant. Each presents the kind of opportunity that generations of policy planners wish for, but almost never get. Much has been done, we have not yet seen and seized the moment.

This is a once-in-lifetime conjuncture, not to be wasted. The Ukrainians have given us a chance to turn this century around, a chance for freedom and security that we could not have achieved by our own efforts, no matter who we happen to be. All we have to do is help them win.

23 January 2023

PS What can you do personally? Keep in touch with your elected representatives. Support military and humanitarian assistance. Make your views known. Write a letter to the editor. Share this post widely. Fly a Ukrainian flag. Put a sticker on your computer. Buy and wear Ukrainian merch. In great causes, small gestures matter.

If you want to keep Ukrainian soldiers alive, consider supporting this Ukrainian NGO and this international NGO (a 501(c)3). Here is a way to keep Ukrainians warm during winter (a 501(c)3). One of my commitments, with wonderful colleagues, has been Documenting Ukraine, a project that supports those in Ukraine who are chronicling the war (also a 501(c)3, “Partners” here). Thank you for reading, thinking, caring, and doing.

Peter Greene takes a hard look at the real goals of the voucher crowd: to kill public education. Not by offering better choices but by defunding it, step by step.

Doug Mastriano was not out of step with the movement; he was just a bit early.

Mastriano ran for governor of Pennsylvania with the idea that he could end real estate taxes entirely and cut state funding for public schools to $0.00. Just give everyone a tiny voucher and send them on their way. The idea was far enough out there that the campaigntried to back away from it (without entirely disowning it) and even other GOP politicians raised eyebrows and said, “No, not that.”You slice them off at the knees, right here–

The thing is, this is not a new idea. It has been the fondest dream of some choicers all along. Nancy MacLean, professor of history and public policy at Duke University, offered a succinct digest in the Washington Post of what Milton Friedman, granddaddy of the not-overtly-racist wing of the school choice movement, thought about the movement and its ultimate goals.Friedman, too, was interested in far more than school choice. He and his libertarian allies saw vouchers as a temporary first step on the path to school privatization. He didn’t intend for governments to subsidize private education forever. Rather, once the public schools were gone, Friedman envisioned parents eventually shouldering the full cost of private schooling without support from taxpayers. Only in some “charity” cases might governments still provide funding for tuition.

Friedman first articulated this outlook in his 1955 manifesto, but he clung to it for half a century, explaining in 2004, “In my ideal world, government would not be responsible for providing education any more than it is for providing food and clothing.” Four months before his death in 2006, when he spoke to a meeting of the conservative American Legislative Exchange Council (ALEC), he was especially frank. Addressing how to give parents control of their children’s education, Friedman said, “The ideal way would be to abolish the public school system and eliminate all the taxes that pay for it.”

You don’t have to set the wayback machine to find folks saying this quiet part out loud. Utah is one of several red states racing to ram through a voucher bill. Here’s Allison Sorenson, executive director of Utah Fits For All, an outfit marketing the voucher plan like crazy; in this clip, she’s explaining that the folks who back Utah’s plan can’t come right out and say they’re going to defund public education entirely, that admitting the goal is to destroy public education would be too politically touchy.

Vouchers are not about choice. Just look at Florida, which has worked to disrupt, defund and dismantle public schools for years, while simultaneously shutting down and limiting what choices schools are allowed to offer. Look at every state’s voucher law; they all enshrine a private “education provider’s” right to deny and discriminate as they wish, thereby denying choice to any students they wish to deny choice to. One of the biggest limiters of school choice is not the public system, but the private system’s unwillingness to open their doors to all these students who, we hear, are just thirsting for choices.

We know what a free market education system looks like–it looks like the US post-secondary education system. Occasional attempts at free-to-all schools are beaten down by racist and classist arguments, along with charges of socialist indoctrination. You get as much choice as you can afford, the private schools only accept (and keep) the students they want, and those who aspire to certain levels of schooling have to sink themselves in debt to get it. Meanwhile, state’s slowly but surely withdraw financial support from the few “public” universities left.

Please open the link and finish his article.

Pensacola Christian College canceled a six-man group of a capella singers because it had reason to believe that one of the singers was gay. The concert was cancelled two hours before it was scheduled to begin. An audience of more than 5,000 people was expected. The group had performed there in the past. Actually, the group acknowledged that two singers were gay. Why the College found it objectionable to hear a gay man (or two) singing in an ensemble is not clear. Did college officials worry that the sound of his voice might turn students gay? It seems likely that the bigoted Governor DeSantis has lowered the standards of civility across the state.

Javier C. Hernandez wrote in The New York Times:

The King’s Singers, a renowned British a cappella ensemble, looked forward to its appearance last week at Pensacola Christian College in Florida, the final stop on the group’s four-city tour of the United States.

Instead, the college informed the ensemble two hours before the concert was to begin on Saturday that it was being canceled because of concerns about what it called the lifestyle of a singer, who is gay. Students, parents and staff members had complained to the administration, saying that hosting the group would run counter to the college’s Baptist values.

The school’s decision has drawn backlash, with artists, gay rights activists and the ensemble’s fans denouncing the college for homophobia and discrimination. The King’s Singers issued a statement on Monday expressing hope that “any conversations that follow might encourage a greater sense of love, acceptance and inclusion.”

In an interview on Tuesday, Jonathan Howard, a member of the six-person group, called the cancellation “really shocking” and “hurtful.” The singers led a workshop for Pensacola students on Saturday and had started rehearsing for the concert — a crowd of more than 5,000 was expected — when they were pulled aside by college officials and informed of the cancellation, he said.

Howard said it was the first time in the group’s 55-year history that an engagement had been canceled for reasons other than bad weather, war or the coronavirus pandemic. He also said the group had performed at Pensacola before….

Two members of the ensemble are gay, Howard said, though a statement by Pensacola Christian College made reference to only one. The statement provided by the school said it had canceled the concert after learning that one of the singers “openly maintained a lifestyle that contradicts Scripture.” It said it had treated the artists with “dignity and respect,” and that they were paid for the performance.

A section in the school’s articles of faith that refers to several verses in the New Testament says the community believes that “Scripture forbids any form of sexual immorality including adultery, fornication, homosexuality, bestiality, incest, and use of pornography.”

Will future performers on the Pensacola Christian College campus be screened to see whether any of them have committed adultery, fornication, bestiality, incest, or used pornography? Give them a lie detector test, and while they are at it, they should screen the college’s administrators, faculty, staff, and students.

This is a tragic story, but it will surely please the inhumane governor and legislature in Florida. What could be more satisfying than to compel a woman to carry a doomed fetus to term? They should be ashamed, but that’s unlikely.

The Washington Post reported:

LAKELAND, Fla. — Deborah Dorbert is devoting the final days before her baby’s birth to planning the details of the infant’s death.

She and her husband will swaddle the newborn in a warm blanket, show their love and weep hello even as they say goodbye. They have decided to have the fragile body cremated and are looking into ways of memorializing their second-born child.

“We want something permanent,” Deborah said. Perhaps a glass figurine infused with ashes. Or an ornament bearing the imprint of a tiny finger. “Not an urn,” she said, cracking one of the rare smiles that break through her relentless tears. “We have a 4-year-old. Things happen.”

Nobody expected things to happen the way they did when halfway through their planned and seemingly healthy pregnancy, a routine ultrasound revealed the fetus had devastating abnormalities, pitching the dazed couple into the uncharted landscape of Florida’s new abortion law.

Deborah and Lee Dorbert say the most painful decision of their lives was not honored by the physicians they trust. Even though medical experts expect their baby to survive only 20 minutes to a couple of hours, the Dorberts say their doctors told them that because of the new legislation, they could not terminate the pregnancy.

“That’s what we wanted,” Deborah said. “The doctors already told me, no matter what, at 24 weeks or full term, the outcome for the baby is going to be the same.”

Florida’s H.B. 5 — Reducing Fetal and Infant Mortality — went into effect last July, soon after the U.S. Supreme Court overturned a half-century constitutional right to abortion.

The new law bans abortion after 15 weeks with a couple of exceptions, including one that permits a later termination if “two physicians certify in writing that, in reasonable medical judgment, the fetus has a fatal fetal abnormality” and has not reached viability.

It is not clear how the Dorberts’ doctors applied the law in this situation. Their baby has a condition long considered lethal that is now the subject of clinical trials to assess a potential treatment.
Neither Dorbert’s obstetrician nor the maternal fetal medicine specialist she consulted responded to multiple requests for comment.

A spokesman for Lakeland Regional Health, the hospital system the doctors are affiliated with, declined to discuss Dorbert’s case or how it is interpreting the new law. In an emailed statement, Tim Boynton, the spokesman, said, “Lakeland Regional Health complies with all laws in the state of Florida.”

The combination of a narrow exception to the law and harsh penalties for violating it terrifies physicians, according to Autumn Katz, interim director of litigation at the Center for Reproductive Rights, who has been tracking the implementation of abortion bans across the country.

Florida physicians who violate the new law face penalties including the possibility of losing their licenses, steep fines and up to five years in prison. As a result, Katz said, they “are likely to err on the side of questioning whether the conditions are fully met.”


The Dorberts’ hopes of having a second child came closer to reality last August when Deborah, 33, discovered she was pregnant.

“Everything was great,” Deborah said, recalling how she exercised regularly, ate well and watched in excitement as her pregnancy blossomed. A scan at 11 weeks, 6 days shows a recumbent fetus, buoyed in her womb.

At a mid-November appointment with her obstetrician, Deborah listened to the whoosh whoosh of her baby’s heartbeat and scheduled her next ultrasound for the following week — the anatomy scan that checks the development of fetal organs.

The day before Thanksgiving, Deborah drove with her son to the strip of medical offices across from the hospital where Kaiden had been born four years earlier and parked outside the low-slung, ocher Women’s Care building.

She was ready to introduce Kaiden to his younger sibling.

Deborah pulled up her T-shirt and folded down her yoga pants, baring her skin for a daub of warm gel. The technician slid her wand across Deborah’s swelling abdomen, calling out the baby’s features so that Kaiden could follow along on the black-and-white screen: There’s the baby’s head. There are the hands.

Then her expression changed. The technician excused herself and left the room. When she returned with the obstetrician, Deborah braced herself.

More pictures. More worried frowns. And then a wrenching explanation.

The baby was no longer buoyed in ample amniotic fluid, Deborah’s doctor gently told her. The kidneys were not developing properly, failing to produce the liquid that protects the fetus and promotes the development of vital organs. She didn’t think the baby would survive without a transplant, and she urged Deborah to follow up quickly with a specialist in maternal fetal medicine.

Deborah left carrying the scan stamped with the fetus’s gestational age — 23 weeks, 0 days. The ultrasound report lists a range of abnormalities, not only of the kidneys but also of the heart and stomach consistent with the diagnosis of “oligohydramnios,” or lack of amniotic fluid.

Deborah called Lee away from his new job as an noninjury adjuster for an insurance agency and met him at a park by one of the many lakes that dot Polk County. They cried and walked and wondered whether there could be some simple explanation. Perhaps Deborah’s water had broken prematurely.

Deborah was admitted later that day to Lakeland Regional Hospital for tests, including another ultrasound that showed the fetus had no kidneys.

On the Wednesday after Thanksgiving, Deborah had an appointment with a maternal fetal medicine specialist. A third ultrasound, now at 24 weeks gestation, confirmed the earlier findings, Deborah said, and the specialist told them that the condition was incompatible with life. This doctor also gave the diagnosis its common name: Potter syndrome.
He told them that some parents choose to continue to full term; others terminate the pregnancy through surgery or by inducing preterm labor, she recalled. He said he would begin contacting health-system administrators about the new law, and stepped out of the room to give the couple privacy to mull over their options.

Before they left, Deborah and Lee decided they would like to terminate the pregnancy as soon as they could. She recalls the doctor saying the termination, which would be performed by her obstetrician, might be possible between 28 and 32 weeks.

Ever since the condition was identified more than 75 years ago by Edith Potter, a pioneering perinatal specialist, Potter syndrome has been considered a doubly lethal diagnosis. Without working kidneys, newborns are unable to rid their bodies of deadly toxins and go into renal failure. Without amniotic fluid in the womb, they are born unable to breathe.

“The real problem is underdeveloped lungs,” said Jena L. Miller, a specialist in fetal intervention at Johns Hopkins Hospital and principal investigator in the clinical trial investigating treatment of the syndrome. In healthy fetuses, she said, the spongelike organs expand in the womb, practicing breathing by inhaling amniotic fluid.

Babies with Potter syndrome often die before they are born when their umbilical cords become trapped between their bodies and the wall of their mother’s uterus. Those that survive the birth process typically suffocate within minutes or a matter of hours.

The choices are stark for parents whose babies’ severe defects are typically detected on anatomy scans midway through pregnancy. Apart from the clinical trial, which closed enrollment last July before Deborah discovered she was pregnant, and a few physicians who are experimenting with replacing amniotic fluid, there are no treatment options.

Florida is one of those states where kindness and decency go to die.