Archives for category: Extremism

https://www.bostonglobe.com/2025/10/04/business/white-house-university-compact-mit/

The new conditions for federal funding the Trump administration offered to MIT put the school in a no-win situation, people on the Cambridge campus and throughout academia said Friday: Agree to the federal government’s terms and surrender some academic freedom, or refuse and risk further punishment.

The White House’s proposed “Compact for Academic Excellence in Higher Education” — sent to MIT and eight other top-tier universitiesthis week — ties access to federal money to a string of conditions that, if agreed to, would effectuate the most substantial changes MIT has seen to date and fundamentally transform an economic powerhouse of Greater Boston. 

The 10-point document asks the list of schools — which also includes Brown and Dartmouth — to cap international student enrollment, freeze domestic tuition rates for five years, and commit to strict definitions of gender. Some of those requests, such as reducing tuition and the number of international students, are popular with many Americans. But others, including one to limit the speech of university employees, strike at the heart of freedom and independence that universities have long prized.

While MIT declined to comment, on campus and in academia, there doesn’t appear to be much inclination to make a deal with the White House.

The offer amounts to “a loyalty oath to the federal government,” said Catherine D’Ignazio, an MIT professor of urban studies and planning. 

MIT and other schools face new set of demands from White House.

“They’re asking us to sacrifice science. They’re asking us to sacrifice international students. They’re asking us to sacrifice our trans students. They’re asking us to sacrifice our whole idea of shared governance,” D’Ignazio said. “No amount of money is worth that great long list.”

The mandate also says that universities should transform or abolish “institutional units that purposefully punish, belittle, and even spark violence against conservative ideas.” That’s troubling, said Tyler Coward lead counsel for government affairs at the Foundation for Individual Rights and Expression, because it conflates allowing speech with condoning violence.

“This mandate basically forces these institutions to remain silent in order to secure some government benefit,” Coward said. “I think that is a problem, a First Amendment problem.”

MIT is free to decline, the administration wrote in the compact, but doing so would mean the institution “elects to forgo federal benefits” that power much of the school’s vast research operations, spurring innovations and paychecks that ripple across Greater Boston and around the globe.

MIT is the birthplace for countless startup companies, forms the backbone of Kendall Square, and serves as a first landing place for many students — roughly 30 percent of whom come from abroad — who stay and build careers in Massachusetts. 

MIT’s endowment is heavily invested in Kendall Square real estate. Here’s why that could be a problem.

Federal money plays a key role in seeding all that. Last year, MIT collected $648 million in government funding for sponsored activities, including research, which federal agenciescould simply choose to award elsewhere.

The provisions in the compact, said Sandy Baum, a higher education finance expert with the think tank The Urban Institute, amount to “dramatic requests” of MIT from a dollars-and-cents perspective. 

MIT is already bracing for a $300 million reduction in its central budget from the newfound 8 percent tax on its endowment and potential losses of federal science funding that powers much of its massive research arm, university administrators said in a September staff forum. (A recording of the meeting was reviewed by the Globe.) 

In the spring, MIT saved roughly $100 million by freezing hiring and instituting a 5 percent cut to department budgets. It plans to close the remaining $200 million gap by terminating some real estate leases and seeking outside private funding for some academic priorities, including climate change, life sciences, and artificial intelligence, according to details shared at the staff forum. Administrators said that they may also withhold merit raises for employees next year. 

“We do need to treat the $300 million amount as a permanent burden on the central budget that requires a permanent budgetary solution,” Glen Shor, MIT’s executive vice president and treasurer said at the September meeting. “Even if power at some point changes hands in Washington, we can’t count on these policies being reversed.”

Meanwhile, signing onto the compact could impact the number of international students at MIT, who make up around 10 percent of its undergraduate population — less than the limit set in the agreement. (Around 40 percent of MIT graduate students are from abroad.) Many international students pay full price to attend MIT, which can cost nearly $90,000 between tuition, housing, and other expenses. MIT would also pledge to cover the cost of attendance for all students studying hard sciences, such as physics, chemistry, and biology. 

“If [MIT] had to freeze tuition and limit [the] number of international students, that would be a huge hit,” said Baum, the university finance expert. 

Multiple MIT student organizations signed a letter Friday asking MIT to “firmly refuse” to sign the document, claiming that “accepting such a compact would effectively destroy the institutional culture of MIT as we know it.”

Nadia Zaragova, a material sciences PhD student and vice president of the graduate student union, said it would give the federal government “undue oversight over what we do here at the university, including our classrooms, what we study, what we research.”

And Governor Maura Healey, who has proposed $400 million in state funding to help make up for lost federal funds to Massachusetts universities, urged MIT to stand strong, describing the White House offer as “yet another attempt by President Trump to silence speech.”

MIT supporters note the university has already taken up some measures pushed by the Trump administration, including winding down its Institute Community and Equity Office and taking disciplinary actions against students — including a commencement speaker — who participate in pro-Palestinian protests. 

Indeed, MIT was chosen among the schools who received the compact because they are seen as “good actors,” according to May Mailman, senior adviser for special projects at the White House.

“They have a president who is a reformer or a board that has really indicated they are committed to a higher-quality education,” she said to The Wall Street Journal. 

But Ian Hutchinson, an MIT emeritus professor and co-president of its Council of Academic Freedom, said that even those in favor of those moves have sour feelings about the new offer from the administration. 

“Many of us on the council think that the modern academy needs to reform and [is] beginning to do so and that the compact has the risk of alienating a large fraction of the faculty,” he said. 

Others fear that some professors could leave entirely, should the school sign onto the compact. 

A better approach, Hutchinson added, would be if “the government makes clear what it is interested in funding in the way of research and what it is not interested in funding.”

The compact also frames preserving “single-sex spaces” such as bathrooms and locker rooms as necessary for “women’s equality” and stipulates institutions must commit to defining gender “according to reproductive function and biological processes.”

Mila Halgren, an MIT postdoctoral associate, said including such language is an affront to what the values of American higher education should be. 

“In a personal capacity, every moment MIT even considers this compact is a betrayal of every marginalized group on campus,” she said. “That MIT did not immediately reject a proposal which defines trans people out of existence is shameful.”

Someday, somehow, there will be another President of the United States, and his name won’t be Trump. That future President might well be a Democrat. That President might be in a position to exercise unchecked power, thanks to the acquiescence of the current Congress and Supreme Court, which are allowing Trump to exercise the powers of a dictator. The second and third branches of our government have willingly wiped out the separation of powers and ceded their authority to the President.

Congress has voted to give its power of the purse to King Donald. The Supreme Court (the Supine Court) has stood aside and approved of whatever the King wants, regardless of precedent. Justice Thomas said recently that precedent was irrelevant; he is no longer an originalist.

Now comes what might be considered the most important question. May the President send in troops–either the state’s National Guard, the National Guard of other states, or even the regular military–to cities that he believes need to be suppressed?

A Trump-appointed federal judge ruled that he could not. Justice Karin Immergut, appointed by Trump, ruled that Trump could not send troops to Portland, because it is not “war-ravaged,” as he claimed, or in a state of rebellion. In other words, you can’t just make sh-t up to do whatever you want, even if you are the President.

Constitutional lawyer Steve Vladeck, a scholar at the Georgetown University Law Center, noted that Trump’s advisors are claiming that the President doesn’t need approval of the courts before using the troops on American soil. He explains here why the President can’t ignore the judiciary.

Welcome back to “One First,” an (increasingly frequent) newsletter that aims to make the U.S. Supreme Court more accessible to all of us. If you’re not already a subscriber, I hope you’ll consider becoming one (and, if you already are, I hope you’ll consider upgrading to a paid subscription if your circumstances permit):

I wanted to put out a quick issue this morning in light of Judge Karin Immergut’s remarkable ruling yesterday, granting a temporary restraining order against President Trump’s federalization of members of the Oregon National Guard to quell the “violence” in “war-ravaged Portland.” That ruling has prompted a slew of claims this morning from the President’s advisers and outside supporters that federal courts, in general, lack the power to halt domestic deployments of the military.

Before this claim makes it too far, it seems worth helping to educate folks about a key early precedent that, in my view, cuts entirely in the other direction—and that provides powerful evidence, to those who care about such things, that the Founding-era understanding not only tolerated a robust judicial role in such cases, but, for a time, actually required one. That’s not to say Judge Immergut’s specific analysis in this case is correct (although I’m sympathetic); it’s to say that there is nothing categorically inappropriate about federal courts reviewing—and, where necessary, halting—domestic uses of the military while they are ongoing. Indeed, it would be striking if it were otherwise.

***

The modern-day Insurrection Act traces its lineage all the way back to a statute Congress enacted on May 2, 1792—which has often been referred to as the Calling Forth Act or First Militia Act. That statute was designed to carry into effect the Constitution’s grant of power to Congress, in Article I, Section 8, Clause 15, “[t]o provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions.” 

The idea was that Congress would identify the circumstances in which military power could be used domestically—and would thence delegate that power to the President. As Justice (Robert) Jackson would remind us in his concurring opinion in Youngstown, the Clause’s “limitation on the command power, written at a time when the militia rather than a standing army was contemplated as the military weapon of the Republic, underscores the Constitution’s policy that Congress, not the Executive, should control utilization of the war power as an instrument of domestic policy.”

But how, exactly, should that delegation work? This question was the subject of a rich debate in the Second Congress—one that culminated with the 1792 statute. I’ve summarized that debate elsewhere; for present purposes, the key point is that Congress’s principal concern was not with the last two circumstances in which it was to delegate power to the President (“to suppress Insurrections and repel Invasions”), but with the first circumstance (“to execute the Laws of the Union”). And the way Congress addressed its concerns was to delegate the authority to use the military, but with meaningful procedural checks. 

Here’s the full text of section 2 of the act, image first; block quote second, with the key provisions highlighted:

[W]henever the laws of the United States shall be opposed, or the execution thereof obstructed, in any state, by combinations too powerful to be suppressed by the ordinary course of judicial proceedings, or by the powers vested in the marshals by this act, the same being notified to the President of the United States, by an associate justice or the district judge, it shall be lawful for the President of the United States to call forth the militia of such state to suppress such combinations, and to cause the laws to be duly executed. And if the militia of a state, where such combinations may happen, shall refuse, or be insufficient to suppress the same, it shall be lawful for the President, if the legislature of the United States be not in session, to call forth and employ such numbers of the militia of any other state or states most convenient thereto, as may be necessary, and the use of militia, so to be called forth, may be continued, if necessary, until the expiration of thirty days after the commencement of the ensuing session.

In other words, unlike section 1 (which dealt with insurrections and invasions), section 2 imposed two procedural requirements on domestic use of the military to carry out the laws of the union: a district judge or Supreme Court justice had to make the requisite factual findings before the President could do anything;¹ and, if out-of-state militia were used, there was a baked-in sunset.

Even though the Congress that enacted the 1792 act was full of folks who were either at the Constitutional Convention (and helped to draft that document) or who were central in the ratification debates, my research found no evidence that members made constitutional objections to the judicial review that section 2 required. And President Washington, in putting down the Whiskey Rebellion two years later, followed the statute’s mandates to the letter—obtaining the requisite judicial determination from Supreme Court Justice James Wilson (one of the six people to sign both the Declaration of Independence and the Constitution) before he sent troops to Western Pennsylvania to restore order.

The 1792 act was written as a temporary experiment. Congress decided to delegate comparable authority on a permanent basis in 1795—and, alas, removed the ex ante judicial review requirement. But there was no suggestion at the time, and I’m unaware of any since, that the provision was eliminated for constitutional reasons—as opposed to Congress’s broader (if, alas, myopic) view that the checks weren’t needed in light of how responsibly President Washington had behaved during the Whiskey Rebellion.

Thus, although there are later examples of courts issuing injunctions against domestic uses of the military (Youngstown itself stands out as a fairly prominent example), the relevant point for present purposes is that there was no Founding-era aversion to a robust judicial role in these cases. The first statute Congress ever enacted on the subject required such a role, and there was no contemporaneous suggestion that the Constitution forbade it.

I am, as regular readers of this newsletter likely know, no great fan of “originalism” as a conclusive methodological approach to constitutional interpretation. Thus, the way that I tend to think about these things, the existence of the judicial review provision in the Calling Forth Act of 1792 is useful evidence of how the Constitution was understood at the time, but nothing more. Rather, the argument for judicial review being available to halt, where necessary, unlawful domestic uses of the military rests on a lot more, in my view, than what some folks believed more than 230 years ago.

But for those who ascribe to the view that we are, today, bound by how the Constitution was understood then, I do not see how one can reconcile the 1792 precedent with any claim that prospective judicial review is categorically precluded when it comes to domestic use of the military. And given current and recent events, such review, if anything, seems more important than ever—whatever its outcome.

I hope you are signed on to Instagram. This is a commentary you should hear.

And this is a TikTok you should see to understand how quickly women’s rights can disappear.

Nikole Hannah-Jones has had her share of controversy. Born in Iowa to a mixed-race couple, she attended desegregated public schools, graduated from Notre Dame and received a masters in journalism from the University of North Carolina. In her career as an investigative journalist, she covered education, civil rights, and healthcare. She worked at newspapers in North Carolina and Oregon, then for ProPublica. In 2015, she joined the staff of The New York Times.

In 2019, The Times published The 1619 Project, a group of essays that Hannah-Jones assembled, to commemorate the arrival of the first Blacks to the land that would later become the USA. In the lead essay, which Hannah-Jones wrote, she maintained that the arrival of that ship bringing enslaved Blacks marked the true origin of the nation. She recast the history of the U.S. from a Black perspective. Some historians criticized aspects of her thesis, others defended it.

The 1619 Project was widely celebrated and widely condemned, even banned. Trump responded by creating a 1776 Commission, whose purpose was to celebrate US history patriotically (that is, to leave out the shameful parts).

Hannah-Jones won the Pulitzer Prize for The 1619 Project in 2020.

In 2021, the UNC-Chapel Hill’s Hussman School of Journalism and Media announced that Hannah-Jones would join the Hussman faculty as Knight Chair in Race and Investigative Journalism. The faculty and administration urged the UNC Board to give her tenure, as was customary with previous holders of the chair. However, the Board of the university refused to take action on this tenure recommendation. After a public uproar, the board of trustees offered her tenure, but Hannah-Jones rejected the offer, choosing instead to accept the offer of a chair at Howard University.

She wrote in the New York Times about the mainstreaming of Charlie Kirk’s bigoted views after his tragic assassination. This is an except from her excellent commentary.

Last year, The Washington Examiner, a conservative news outlet, published a column calling the organization Kirk co-founded, Turning Point USA, “one of the most destructive forces in Republican politics.” It said that “a healthy conservative movement cannot tolerate conspiracy theorists being presented as serious political figures” and called the organization’s leadership “toxic.” But the period since Kirk’s death has revealed a deeply unsettling cultural shift. Eight months into President Trump’s second term, it is clear that Kirk’s ideas are no longer considered on the extremist periphery but are embraced by Republican leadership.

The mainstreaming of Charlie Kirk demonstrates that espousing open and explicit bigotry no longer relegates one to the fringe of political discourse.

When Representative Jasmine Crockett, Democrat of Texas, bemoaned that only two of the 58 Democrats who refused to sign the resolution honoring Kirk were white, Laura Loomer responded on X by railing against “ghetto Black bitches who hate America serving in Congress.” Loomer is not merely some right-wing provocateur. She has the ear of the president of the United States and understood that such an explicitly racist comment in 2025 America would bring no political consequence.

And while Trump has surrounded himself with people who have said racist things and maintained ties to white and Christian nationalists, the number of Democrats and esteemed American institutions that have engaged in the mainstreaming of Charlie Kirk demonstrates that espousing open and explicit bigotry no longer relegates one to the fringe of political discourse, a phenomenon we have not witnessed since the civil rights era.

In some parts of polite society, it now holds that if many of Kirk’s views were repugnant, his willingness to calmly argue about them and his insistence that people hash out their disagreements through discourse at a time of such division made him a free-speech advocate, and an exemplar of how we should engage politically across difference. But for those who were directly targeted by Kirk’s rhetoric, this thinking seems to place the civility of Kirk’s style of argument over the incivility of what he argued. Through gossamer tributes, Kirk’s cruel condemnation of transgender people and his racist throwback views about Black Americans were no longer anathema but instead are being treated as just another political view to be respectfully debated — like a position on tax rates or health care policy.

Using Kirk’s knack for vigorous argument to excuse the re-emergence of unabashed bigotry in mainstream politics feels both frightening and perilous. 

As the Trump administration wages the broadest attack on civil rights in a century, and the shared societal values of multiculturalism and tolerance recede, using Kirk’s knack for vigorous argument to excuse the re-emergence of unabashed bigotry in mainstream politics feels both frightening and perilous. Kirk certainly produced viral moments by showing up on college campuses and inviting students a decade his junior to “prove” him wrong about a range of controversial topics such as Black crime rates and the pitfalls of feminism. But his rise to fame was predicated on the organization for which he served as executive director, Turning Point USA, and its Professor Watchlist. The website invited college students not to engage in robust discussions with others with different ideologies, but to report professors who “advance leftist propaganda in the classroom.”

The site includes photos of professors, along with often highly misleading summaries of the thought crimes that landed them on the list. It provides the telephone numbers of the universities that employ them for students and parents to register their complaints. While the site claims the organization supports free speech, many professors have recounted enduring campaigns of harassment after being put on the list. (I was placed on it in 2021 because of my work on the 1619 Project, after it was announced that I would be a professor at Howard University.)

A couple of years ago, Angel Jones, now a professor at a university in Maryland whose work focuses on educational inequality, joined the hundreds of professors across the country who found themselves on the list.

Jones landed on it under the tag “racial ideology” when she published an article citing research about how distressing it is for Black people to go to work after witnessing news coverage of police killings. She told me someone had sent her a picture of a house thought to be hers, but it turned out to belong to another Angel Jones. Someone else had threatened to hang her from a tree and burn her alive. The scholar changed her classroom and removed her name plate from her office door. The university where she was working at the time installed a safety alarm button under her desk.

“I would cry. I was very fearful. I was anxious,” Jones told me. “I was afraid to go to class sometimes. I was just scared all of the time.

“I love teaching — it makes my heart go pitter patter — so to be in a space where I am afraid of my students, like that rocks me in a way I can’t even articulate,” she added.

When Jones learned of Kirk’s killing, she remembers that there was a sense of disbelief shared by many Americans who were shocked by the gruesome video. But soon, that disbelief was replaced by another feeling. In the immediate hours after his death, she watched as pundits and politicians eulogized Kirk as that rare example of someone who practiced a willingness to hear opposing ideas because he saw it as the salve for political violence. After all she’d gone through, and the stories she’d heard of other professors similarly harassed, the tributes pouring in for Kirk both infuriated and saddened her.

The next day, Jones went to the class she taught on misinformation and disinformation and showed her students a short Instagram video she had made in response. In the video, she says that while she does not celebrate Kirk’s death, she also refuses to mourn him. “I cannot have empathy for him losing his life when he put mine at risk and the lives of so many other educators just because we dared to advocate for social justice,” she says in the video, “because we dared to do our jobs.”

After she showed the video, a white male student in her class asked Jones if she thought her lack of empathy for Kirk might radicalize students. After a short, tense exchange, the student took his backpack and left. Jones said it had made her nervous. There’s a Turning Point USA chapter on her campus, and Kirk’s followers and even some politicians had been posting about revenge on social media. Jones switched her classes to virtual for the week.

The past few weeks have filled Ash Lazarus Orr with a similar sense of foreboding. Orr has been at the forefront of resisting efforts to target transgender Americans, including as a plaintiff in a federal lawsuit brought by the A.C.L.U. against a Trump administration policy that would prevent transgender people from having their chosen gender on their passports.

While Orr was never named by Kirk, they say Kirk’s rhetoric helped fuel an environment that makes transgender Americans vulnerable to violence and that has paved the way for the removal of their civil rights; in February, Iowa became the first state in the country to take away legal civil rights protections for transgender residents.

“I firmly believe that no one should be killed for their beliefs, no matter how harmful those beliefs might be,” Orr told me. “But we are watching our rights being stripped away. We are having our friends’ lives cut short, and then we are told to stay quiet while those responsible are celebrated.”

In just a few short years, Orr has watched as the momentum toward recognizing the full humanity and rights of transgender people has collapsed. Orr recently left their home state of West Virginia, finding it no longer safe after being threatened and assaulted.

Kirk’s rhetoric of “Christian white nationalism, anti-transgender, quote anti-woke culture-war framing, this isn’t on the edge anymore,” Orr told me. “It has moved into what many consider the center of Republican identity.” They said they were deeply concerned about how few people seemed willing to point out the consequences of this shift: “Who is actually fighting for us?”

Robin D.G. Kelley, a historian at U.C.L.A. whose scholarship on racial injustice also landed him on the Professor Watchlist, is struck by how rapidly our society has changed since Trump took office a second time.

Kelley pointed to the fact that Trump was widely condemned during his first term when he called the white supremacists who rallied in Charlottesville, Va., “very fine people.” Now, Democrats and political centrists were lining up to honor a man who promoted the same Great Replacement Theory that served as the rallying cry for that march. At a time when the president of the United States is using his power to go after diversity efforts and engaging in a mass deportation project, some progressives are arguing that people of color, immigrants and members of other marginalized groups who felt dehumanized by Kirk’s commentary, podcasts and debates have to find a way to locate common ground with his followers.

“There has been an extreme shift,” Kelley told me. “This treatment is authorizing the idea that white supremacy and racism is not just a conservative idea, but a legitimate one.”

Thomas Ultican, retired teacher of advanced mathematics and physics in California, has been keeping track of the privatization movement. In this post, he criticizes the Republican Party for its war on public schools. There was a time when Republicans supported their community schools. They provided strong support for bond issues and were active on local school boards. Today, however, Republicans as a party have led privatization efforts, knowing that it is intended to defund their public schools. None of the promises of privatization have panned out. Surely they know that they are destroying not only their own community’s public schools but a foundation stone in our democracy.

Privatization promotes segregation. Public schools bring people from different backgrounds together. As our society grows more polarized, we need public schools to unite us and build community.

Ultican writes:

This year, state legislators have proposed in excess of 110 laws pertaining to public education. Of those laws 85 were centered on privatizing K-12 schools. Republican lawmakers sponsored 83 of the pro-privatization laws. Which begs the question, has the Grand Old Party become the Grifting Oligarchs Party? When did they become radicals out to upend the foundation of American greatness?

The conservative party has a long history of being anti-labor and have always been a hard sell when it came to social spending. However, they historically have supported public education and especially their local schools. It seems the conservative and careful GOP is gone and been replaced by a wild bunch. It is stupefying to see them propose radical ideas like using public money to fund education savings accounts (ESA) with little oversight. Parents are allowed to use ESA funds for private schools (including religious schools), for homeschool expenses or educational experiences like horseback riding lessons.

A review of all the 2025 state education legal proposals was used to create the following table.

In this table, ESA indicates tax credit funded voucher programs. There have been 40 bills introduced to create ESA programs plus another 20 bills designed to expand existing ESA programs. Most of 2025’s proposed laws are in progress but the governors of Texas, Tennessee, Idaho and Wyoming have signed and ratified new ESA style laws. In addition, governors in Indiana, South Carolina and New Hampshire signed laws expanding ESA vouchers in their states.

None of the 16 proposals to protect public education or 3 laws to repeal an existing ESA program were signed by a governor or passed by a legislature.

Fighting in the Courts

June 13th, the Wyoming Education Association (WEA) and nine parents filed a lawsuit challenging the Steamboat Legacy Scholarship Act, Wyoming’s new voucher program. The suit charged:

“… the program violates the Wyoming Constitution in two key ways. One for directing public dollars to private enterprises, which the lawsuit says is clearly prohibited. The second for violating the constitution’s mandate that Wyoming provide ‘a complete and uniform system of education.”’

On July 15, District Court Judge Peter Froelicher granted a preliminary injunctionagainst the state’s universal voucher program. He wrote, “The Court finds and concludes Plaintiffs are, therefore, likely to succeed on the merits of their claims that the Act fails when strict scrutiny is applied.” The injunction will remain in effect until the “Plaintiffs’ claims have been fully litigated and decided by this Court.”

Laramie County Court House

Last year, The Utah Education Association sued the state, arguing that the Utah Fits All Scholarship Program violated the constitution. April 21st, District Court Judge Laura Scott ruled that Utah’s $100-million dollar voucher program is unconstitutional. At the end of June, the Utah Supreme Court agreed to hear an appeal of Scott’s ruling. However, the decision seems well founded.

The Montana Legislature, in 2023, established a statewide Education Savings Account (ESA) voucher program. It allows families of students with disabilities to use public funds deposited into personal bank accounts for private educational expenses. In April this year, Montana Quality Education Coalition and Disability Rights Montana brought suit to overturn this program. In July, the Montana Federation of Public Employees and the organization Public Funds Public Schools joined the plaintiffs in the suit. The legal action awaits its day in court.

At the end of June, the Missouri State Teachers Association sued to end the enhanced MOScholars program which began in 2021 funded by a tax credit scheme. This year in order to expand the program; the states legislature added $51-million in tax payer dollars to the scheme. The teachers’ suit claims this is unconstitutional and calls for the $51-million to be eliminated.

Milton Friedman’s EdChoice Legal Advocates joined the state in defending the MOScholars program. Their July 30thmessage said, “On behalf of Missouri families, EdChoice Legal Advocates filed a motion to intervene as defendants in the lawsuit brought by the Missouri National Education Association (MNEA) challenging the state’s expanded Empowerment Scholarship Accounts Program, known as MOScholars.” It is unlikely EdChoice Legal Advocates are representing the wishes of most Missouri families.

In South Carolina, the state Supreme Court ruled in 2024 that its Education Trust Fund Scholarship Program was unconstitutional. The lawsuit was instituted by the state teachers union, parents and the NAACP. The program resumed this year after lawmakers revised it to funnel money from the lottery system instead of the general fund. 

The South Carolina effort has been twice ruled unconstitutional for violating prohibitions against using public funds for the direct benefit of private education. Legislators are proposing funneling the money through a fund that then goes to a trustee and then to parents, who then use it for private schools. 

 Sherry East, president of the South Carolina Education Association stated:

“We just don’t agree, and we think it’s unconstitutional.”

“We’ve already been to court twice. The Supreme Court has ruled twice that it is unconstitutional. So, we don’t understand how they’re trying to do a loophole or a workaround. You know, they’re trying to work around the Constitution, and it’s just a problem.” 

The South Carolina fight seems destined to return to the courts but they have vouchers for now.

Last year in Anchorage, Alaska, Superior Court Judge Adolf Zeman concluded that there was no workable way to construe the state statues in a way that does not violate constitutional spending rules. Therefore, the relevant laws “must be stuck down in their entirety.” This was the result of a January 23, 2023 law suit alleging that correspondence program allotments were “being used to reimburse parents for thousands of dollars in private educational institution services using public funds thereby indirectly funding private education in violation … of the Alaska Constitution.” Alaska has many homeschool students in the correspondence program.

Plaintiff’s attorney Scott Kendall believes the changes will not disrupt correspondence programs. He claims:

“What is prevented here is this purchasing from outside vendors that have essentially contorted the correspondence school program into a shadow school voucher program. So that shadow school voucher program that was in violation of the Constitution, as of today, with the stroke of a pen, is dead.”

The Big Problem

GOP legislators are facing a difficult problem with state constitutions prohibiting sending public dollars to private schools. The straight forward solution would be to ask the public to ratify a constitutional amendment. However, voucher programs have never won a popular vote so getting a constitutional change to make vouchers easier to institute is not likely.

Their solutions are Rube Goldberg type laws that create 100% tax credits for contributing to a scholarship fund. A corporation or individual can contribute to these funds and reduce their tax burden by an equal amount. Legislators must pretend that since the state never got the tax dollars it is constitutional. Lawyers who practice bending the law might agree but common sense tells us this is nonsense.

The big problem for the anti-public school Republicans is voucher schools are not popular. They have never once won a public referendum.

This is baffling. The Boston Globe reported yesterday that the Trump administration was in the process of “debarment” of Harvard University, meaning that the nation’s greatest university would be cut off from all future federal funding. The Trump team accuses Harvard of anti-Semitism. The president of Harvard University is an observant Jew. The findings of anti-Semitism are based on a report that Harvard officials conducted.

This is nuts. With federal funding, Harvard scientists have produced major breakthroughs in medicine, engineering, and science. To break Harvard, as the administration wants to do, would cripple American innovation.

The Boston Globe reported:

The Department of Health and Human Services’ Office of Civil Rights on Monday formally recommended barring Harvard University from receiving federal funding, three months after it accused the university of violating civil rights laws by failing to protect Jewish and Israeli students on campus.

In a news release, the office said it would refer Harvard to the office that is responsible for “suspension and debarment decisions” and that it notified Harvard of its right to an administrative hearing. The university has 20 days to notify the office of its decision.…

The 57-page notice relied heavily upon Harvard’s own report on antisemitism and anti-Israeli bias that it released earlier this year, which followed high-profile protests at Harvard and other campuses against the war in Gaza in 2023 and 2024.

Yesterday afternoon, The New York Times reported the animosity between Harvard and the Trump administration:

The Trump administration’s move this week to choke off Harvard University’s access to future federal funding came after a scathing letter from the college accusing the administration of distorting evidence to show that the school violated civil rights laws by allowing antisemitism to persist on campus.

The brewing feud represents an escalation of tensions between Harvard and the administration, which just weeks ago seemed on the verge of agreeing on a deal to keep federal funds flowing to the university.

In a strongly worded, 163-page letter with attachments on Sept. 19, which has not been previously reported, Harvard assailed the government’s findings. The university accused investigators at the Health and Human Services Department of relying on “inaccurate and incomplete facts,” failing to meet a single legal requirement to prove discrimination and drawing sweeping conclusions from a survey of one-half of 1 percent of the student body.

Harvard painted a picture of a chaotic Trump administration rushing to leverage federal power against the university. For instance, it noted that the health department had chided the college for failing to produce certain records. But Harvard’s documents showed that the records in question had been provided in response to a request from the Education Department. Harvard said the health department never asked for those records.

Harvard said the health department’s decision to refer its findings to the Justice Department was “based on a fabricated and distorted interpretation of the record.”

The stark language was a departure from months of mostly measured tones from Harvard as the university has resisted the administration’s pressure campaign to impose President Trump’s political agenda on the nation’s elite colleges.

Mr. Trump and his administration have sought to exert control over who universities can hire, which students they should admit and what subjects should be taught by leveraging huge sums of federal research money. Those moves, which Harvard has maintained violate the college’s First Amendment rights and infringe on the nation’s long-held ideals of academic freedom, are aimed at shifting the ideological tilt of the higher education system, which the administration sees as hostile to conservatives and intent on perpetuating liberalism.

The administration’s reply to Harvard’s letter came on Monday, when the health department initiated a process to cut off Harvard from future federal research funding, which has increasingly become the lifeblood for the nation’s largest private and public colleges. In 2022, the health department accounted for nearly 81 percentof $41.6 billion in federal funding for research into agricultural science, environmental science, public health and other life sciences, according to government records.

Then, last night The New York Times reported that Trump said he was close to striking a deal with Harvard. The deal would extort $500 million from the university and an agreement to offer programs in the trades.

President Trump said Tuesday that his administration was close to reaching a multimillion-dollar agreement with Harvard University, which would end a monthslong standoff that had come to symbolize the resistance to the White House’s efforts to reshape higher education.

Harvard, which would become the latest university to strike a deal with the Trump administration, has been seeking an end to a thicket of investigations that the government opened as part of its wide-ranging efforts to bring the university in line with Mr. Trump’s agenda.

“We are in the process of getting very close,” President Trump said in an appearance from the Oval Office. He added that the details were being finalized and said, “They would be paying about $500 million.”

Mr. Trump said that the education secretary, Linda McMahon, was “finishing up the final details.” He added that the plan was for Harvard to operate trade schools.

“They are going be teaching people to do A.I. and a lot of other things — engines, lots of things,” he said. “We need people in trade schools.”

Pete Hegseth, the Secretary of Defense, summoned hundreds of generals and admirals to an in-person meeting to lecture them. Hegseth spoke to them condescendingly to remind them that he is Secretary of War, not Secretary of Defense (which is not true because only Congress can rename a Department). He spoke about raising standards for height and weight and said he didn’t want “fat generals” in command (does that crack about weight apply to the Commander-in-Chief?). He wants regular tests of physical strength for all members of the service set to male standards and if women can’t meet them, tough.

Hegseth ignored the reality that wars today are not won by brute strength but by intelligence, wisdom, experience, and training. Warriors are flying incredibly complex airplanes that require technological skills and mental sharpness. Battles are fought by soldiers operating computers, shooting down drones and missiles, and guiding weapons with precision to their target. The hand-to-hand combat that Hegseth imagines is obsolete.

The generals and admirals must have been seething to be talked down to by Hegseth, whose highest rank in the Army National Guard was major.

He lavished praise on the Trump policy of banning diversity, inclusion, and equity, ignoring the fact that the military is a prime exemplar of the success of DEI. Just recently, he abolished a program that has recruited women into the military with great success for decades.

When he finished his speech, he waited for applause but the audience didn’t put their hands together.

Trump gave a frightening speech, saying that the greatest threat was “the enemy within.” Shades of Joe McCarthy! Trump, of course, never wore his nation’s uniform, nor have his sons. He managed to get five draft deferments based on a letter from a podiatrist who rented space in one of his father’s shopping malls. In other words, he is a draft dodger.

The military is supposed to protect our nation from hostile foreign enemies but Trump believes that the worst enemies today, the worst threats to the nation, are what he calls “radical left lunatics.” He told the military brass that America’s military should use its big cities as “training grounds” for the troops.

That sounds like martial law to me.

No other President has gone before the leaders of the military to ridicule his predecessor, to rail against his political foes, and to praise himself lavishly.

What’s frightening is that Trump seems eager to use the troops to put down domestic protests. If he can manufacture domestic violence, he has telegraphed that he will not hesitate to send in the military with orders to use “full force,” that is, to gun down civilians. Shoot to kill.

Many viewers must have thought of the brave farewell speech of General Mark Milley, who served as chairman of the Joint Chiefs of Staff in Trump’s first term. A week before he gave this speech, Trump said he should be put to death.

Milley said:

“We don’t take an oath to a king, or a queen, or to a tyrant or dictator, and we don’t take an oath to a wannabe dictator. We don’t take an oath to an individual. We take an oath to the Constitution, and we take an oath to the idea that is America, and we’re willing to die to protect it.”

“Every soldier, sailor, airman, Marine, guardian and Coast Guardsman, each of us commits our very life to protect and defend that document, regardless of personal price. And we are not easily intimidated.”

A warning to people in big cities. Protest peacefully. Wave signs. Sing songs. Chant. Don’t bring weapons to protests. Do not disrespect the troops. Do not provoke them into using their weapons.

Trump wants you to fight with the troops. Don’t take the bait. He wants you to throw rocks and draw fire from them. He wants a Reichstag fire to use as a pretext to suspend elections.

Don’t play into his small hands.

There is no end to the Trump administration’s assault on academic freedom. Particularly poisonous is its withdrawal of billions of dollars for scientific research to punish universities that defy his policies. Trump is determined to obliterate any sign of “diversity, equity, and inclusion” or any tolerance of anti-Semitism.

Speaking for myself, I wholeheartedly support diversity, equity, and inclusion. Speaking as a Jew, I resent Trump’s hypocritical, duplicitous use of anti-Semitism, an issue he has never cared about and that he cynically exploits.

Until now, research grants were awarded based on scientific merit and peer review. In the proposed changes, the universities that adhere to Trump policies and values would have a competitive advantage.

The Trump cabal is prepared to withhold funding from the nation’s top researchers if they are suspected of including nonwhite, non-male researchers in order to increase D or E or I. They assume that “merit” is found only in white males.

They are willing to deny research grants to Harvard and UCLA and give them to No-Name State Agricultural University, just to make a point.

They are willing to sacrifice research into pediatric cancer, heart disease, Alzheimer’s and other afflictions just because they include researchers who are not white men.

What a disgrace this administration is.

Laura Meckler and Susan Svrluga of The Washington Post wrote:

The White House is developing a plan that could change how universities are awarded research grants, giving a competitive advantage to schools that pledge to adhere to the values and policies of the Trump administration on admissions, hiring and other matters.

The new system, described by two White House officials, would represent a shift away from the unprecedented wave of investigations and punishments being delivered to individual schools and toward an effort to bring large swaths of colleges into compliance with Trump priorities all at once.

Universities could be asked to affirm that admissions and hiring decisions are based on merit rather than racial or ethnic background or other factors, that specific factors are taken into account when considering foreign student applications, and that college costs are not out of line with the value students receive.

“Now it’s time to effect change nationwide, not on a one-off basis,” said a senior White House official, who like the other official described the plan on the condition of anonymity because it is still being developed.

Under the current system, the federal government’s vast research funding operation awards billions of dollars’ worth of grants based on peer reviews and scientific merit.

The administration says it is working to enforce civil rights laws, which it contends many universities have violated by embracing diversity, equity and inclusion programs or failing to adequately protect Jewish students or staff from antisemitism. But the effort is almost certain to add to criticism from outside experts who say the administration is already overstepping its authority to try to impose its values on higher education.

Ted Mitchell, president of the American Council on Education, said the outlines of the proposal amounted to an “assault … on institutional autonomy, on ideological diversity, on freedom of expression and academic freedom.”

“Suddenly, to get a grant, you need to not demonstrate merit, but ideological fealty to a particular set of political viewpoints. That’s not merit,” he said. “I can’t imagine a university in America that would be supportive of this…”

Since President Donald Trump returned to office in January, his administration has launched investigations of and pulled research funding from universities including Columbia, Harvard and UCLA, and then worked to extract concessions in exchange for restoring the money. Officials say the punishments are an effort to enforce federal laws that bar funding for schools that discriminate on the basis of sex, race or national origin.

The White House has faced setbacks in court — including a big loss this month in its high-profile fight with Harvard and another setback this week in California — and has not reached as many settlement agreements as Trump officials had hoped for.
The senior White House official described the new system as an opportunity for schools to show they are in compliance, as interpreted by the administration. Those that do so, the official said, would be rewarded with a “competitive advantage” in applying for federal grants…

Erwin Chemerinsky, dean of the University of California at Berkeley’s law school, said “no one will object” if the White House simply requires universities to pledge compliance with existing law.
But Chemerinsky, one of the attorneys representing UC researchers in a lawsuit challenging terminated federal research funding, also said the administration’s view of what the law requires could be at odds with other interpretations: “It all depends on what the conditions are, and whether those conditions are constitutional.”
Chemerinsky said it would be a First Amendment violation to put schools at a disadvantage in competing for funding if they profess a belief in diversity, for example, because government is not allowed to discriminate based on viewpoint. He said it “would be very troubling” if the White House proposal deviates from the standards that have been used in awarding grants based on the quality and importance of the science, peer review and merit, and uses ideology as the judgment standard instead.

A reader who uses the name Quickwrit parses the Constitutionnand finds that Trump is doing today exactly what King George did to the colonists.

Quickwrit writes:

WHAT TRUMP IS DOING TODAY is the very same thing that our Declaration of Independence lists as the violations of liberty that triggered our Declaration of Independence. Take a look:

The King used armed forces to control American cities and towns, without first asking permission from the legislatures; quoting the Declaration, it says: “He has kept among us, in times of peace, Standing Armies without the Consent of our legislatures.” Just like King Trump sending armed National Guard units into our cities today.

The King replaced local police with his armed forces. The Declaration says: “He has affected to render the Military independent of and superior to the Civil Power.

The King’s armed forces were protected from killing civilians: “For protecting them, by a mock Trial from punishment for any Murders which they should commit on the Inhabitants of these States.” People die today in ICE custody, and nothing happens.

The King ignores civil courts: “He has obstructed the Administration of Justice by refusing his Assent to Laws for establishing Judiciary Powers.”

“He has made Judges dependent on his Will alone for the tenure of their offices.”

“He has erected a multitude of New Offices, and sent hither swarms of Officers to harass our people.”

“He has forbidden his Governors to pass Laws of immediate and pressing importance, unless suspended in their operation till his Assent should be obtained.” Today, not only do governors of Red States do nothing without Trump’s approval, neither does Congress.

The Declaration also says that we also declare our independence from the King for his:

“cutting off our Trade with all parts of the world’ (just like Trump’s tariffs);

“depriving us in many cases of the benefit of Trial by Jury” and “transporting us beyond Seas to be tried for pretended offences” (just like Trump deporting people without trial to be imprisoned in foreign nations).

The Declaration says Americans are breaking away because the King has opposed immigration that is vital to America’s economic growth, by “obstructing the Laws for Naturalization of Foreigners; refusing to pass others to encourage their migrations hither.” Already in 1740, laws had been passed to grant “natural born” citizenship status to immigrants who lived there for seven consecutive years.

The King has also been “redistricting” Americans out of their right to representation: “He has refused to pass Laws for the accommodation of large districts of people, unless those people would relinquish the right of Representation in the Legislature, a right inestimable to them and formidable to tyrants only.” Just like the redistricting going on today.

Americans today truly need to read the history of our Revolution and what went into and is actually in our Declaration of Independence and our Constitution. Read the ACTUAL WRITINGS of our Founding Fathers, not just listen to or read the “analyses” of political talking heads on today’s TV and social media.

That kind of reading takes time, and too few Americans today are willing to spend the time.

Trump announced on Saturday that he intends to send the military to Portland to restore safety and to protect ICE agents.

The Mayor of Portland says the city is safe. He doesn’t want troops. The Governor of Oregon agrees. But Trump has a fixation with that city. He hates Portland because there was a protest and riot there against him a few days after Trump won the election of 2016. The riot went on for days; stores were vandalized, windows smashed. Over 100 people were arrested. Almost nine years later, Trump still wants to punish Portland, and no one can stop him.

The Washington Post made clear that Trump has not yet decided whether to mobilize the Oregon National Guard or to send in active-duty military personnel.

President Donald Trump said Saturday that he will send troops to Portland, Oregon, and to immigration detention facilities around the country, authorizing “Full Force, if necessary” and escalating a campaign to use the U.S. military against Americans that has little modern precedent.

Trump said in a social media post that he was directing Defense Secretary Pete Hegseth to provide troops to what he dubbed “War ravaged Portland” as well as “any of our ICE Facilities under siege from attack by Antifa, and other domestic terrorists.”

Saturday’s announcement appeared likely to set up a first test for a White House effort targeting left-wing protest groups. It came just days after Trump signed an executive order directing the nation’s full counterterrorism apparatus against domestic political opponents despite long precedent restricting such a move.

Right-wing politicians have long criticized Portland for the way it has handled racial-justice protests as well as its homeless population, tolerating encampments in the central part of the city. But Trump will again encounter the dynamic he faced when he deployed the National Guard in Los Angeles — a military activation in a state run by a Democratic governor who objects to the decision and could have grounds to fight it in court.

Trump’s announcement, which was posted on Truth Social while the president was at his private golf club in Northern Virginia, appeared to have come as a surprise to the Pentagon, with several officials saying they know little more than what the president included in his post.


One official familiar with the discussion Saturday said defense officials were seeking clarity on what Trump desires. The official, like others in this article, spoke on the condition of anonymity to speak frankly about private planning.
The Pentagon released a statement a few hours later, saying defense officials “stand ready to mobilize U.S. military personnel in support of DHS operations in Portland at the President’s direction.”

The statement, by spokesman Sean Parnell, said the “Department will provide information and updates as they become available.”

Another person familiar with ongoing discussions said midday Saturday that some Pentagon officials had discussed troops being sent to Portland at some point but were scrambling to make sense of what’s next.

“You know what I know,” that person said, alluding to the president’s announcement on social media.

Among the uncertainties, it was not immediately clear whether Trump plans to deploy active-duty troops or National Guard members, or both, to Portland. As is the case in similar discussions with other cities, there are legal limits to how he can do so.

There was also no clarity about the timing of any potential deployment.

Asked for more details about the potential deployment, the White House did not answer questions but responded with a list of incidents that had recently taken place outside Portland’s ICE field office, including federal charges of arson, assaulting a police officer and resisting arrest.

“Despite the crime and neighborhood pushback caused by the months-long protest, Oregon Democrats still refuse to do anything about it,” the White House said in a statement.

Protesters have been demonstrating for weeks at an ICE processing center in the city in objection to Trump’s immigration enforcement efforts. The Department of Homeland Security on Friday said that “rioters in Portland, Oregon have repeatedly attacked and laid siege” to the facility.

Protests outside the facility reignited this June, with the Portland Police Bureau declaring a riot after demonstrators blocked the driveway and threw objects like rocks and bricks at the facility and federal agents, according to local news media accounts and social media videos. Portland police arrested more than 20 people connected to the protests after multiple federal officers were injured.

But on Saturday, the streets outside the Portland ICE facility remained largely empty in the hours after Trump made his announcement. Two homeless men slept on the sidewalk. A handful of passersby took photographs of the building, and a few talked to each other about how their experiences felt nothing like the “war-ravaged” city described….

Oregon Gov. Tina Kotek (D) was one of 19 Democratic governors who signed a letter to Trump last month opposing his deployment of the National Guard over governors’ objections.
At a Saturday afternoon news conference, Kotek said she learned of Trump’s plan to deploy troops from social media and spoke to the president afterward.

“Portland’s doing just fine, and I made that very clear to the president this morning,” Kotek said. “Our city is a far cry from the war-ravaged community that he has posted about on social media, and I conveyed that directly to him.”
Kotek said she doesn’t believe Trump has the authority to deploy federal troops on state soil: “I’m coordinating with Attorney General Dan Rayfield to see if any response is necessary, and we will be prepared to respond if we have to.”

Both local and state-elected Oregon officials rejected Trump’s plan.

“The number of necessary troops is zero, in Portland and any other American city. Our nation has a long memory for acts of oppression, and the president will not find lawlessness or violence here unless he plans to perpetrate it,” Portland Mayor Keith Wilson (D) said in a statement. Wilson was elected last year on a platform of moving homeless Portland residents into a temporary shelter.

Wilson said at a news conference Friday evening that the city had seen a “sudden influx” of federal agents in recent hours, including armored vehicles, which Wilson called a “big show.” Wilson was flanked by other city and state officials, who said it wasn’t clear which agency the federal authorities were from but urged the public stay calm and refuse to “take the bait.”

U.S. Sen. Jeff Merkley (D-Oregon), who has criticized Trump’s domestic military deployments, said Saturday on X that the president “wants to stoke fear and chaos and trigger violent interactions and riots to justify expanded authoritarian control. Let’s not take the bait! Portland is peaceful and strong and we will take care of each other.”