Archives for category: Injustice

The U.S. Supreme Court has opened a can of worms by its recent decisions allowing public dollars to flow to religious schools.

Some of the conservative Justices claim to be “originalists,” devoted to the original text of the Constitution as it was written. Yet the Court’s six conservative Justices have blithely discarded the “separation of church and state” that was continually upheld in principle (though not always in practice).

The First Amendment to the Constitution says:

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Those who think the United States was meant to be a Christian nation will find no support in the Constitution. The word “religion” appears only once, in the First Amendment. The word “religious” appears only once, in Article VI, clause 3, which says that there shall be no religious test for holding public office. (“…but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.”)

The word “God” does not appear in the Constitution, nor any reference to The Ten Commandments, nor to Christianity, nor to any Biblical precepts.

The Founders clearly opposed government “establishment of religion,” which the Supreme Court interpreted as no direct government subsidy of religion or religious schools for at least 200 years. And the Founders believed that Americans should be free to practice their religion or no religion.

The Founders’ silence about religion did not signify that it was unimportant, but that it was a matter of private conscience, no business of the state to control, subsidize, censor, ban, support, or aid. This was for most of our history the long-hallowed tradition of separation of church and state.

There were, as I noted, exceptions to that principle of separation. In 1947, in the Everson decision, the Court allowed the state of New Jersey to pay transportation costs for Catholic students. In 1965, the Elementary and Secondary Education Act allowed students in Catholic schools to receive remedial services from public school teachers. That part of the law was struck down by the Supreme Court in 1985 (Aguilar v. Felton), but the Court reversed that decision in 1997 (Agostini v. Felton), so long as the students were received remedial instruction in secular subjects). In 1968, the Court allowed New York to pay the cost of textbooks for children in religious schools. In 1983, the Court allowed Minnesota to pay parents for educational expenses, including parents whose children attended religious schools. In 2002, the court approved a voucher program in Ohio for religious schools.

Clearly, the “wall of separation” had many exceptions and holes through which public aid went to students in religious schools.

In recent years, the Court has gone even farther, basically concluding that any public benefit to public and private schools should be extended to religious schools. Excluding religious schools from the same benefits as other schools, so went the argument, was a denial of religious freedom.

The prohibition of an “establishment of religion” continues shrinking with each new decision touching the issue of public funding and religious schools. The convenient fiction that sidesteps the “establishment clause” is that the public money doesn’t go to the religious school; it goes to the parents who choose the religious school.

Today, many states whose constitution unambiguously prohibits any public funding of religious schools are directly funding religious schools, without bothering to amend the language of their state constitution.

In response to the new permissiveness of the Supreme Court towards vouchers, such programs have spread in the states, although voters have never approved a state referendum to endorse vouchers. Voters don’t like vouchers, but rightwing billionaires like Jeff Yass in Pennsylvania do. Billionaires fund political campaigns. Money talks.

Now, the public awaits the crucial decision from the Supreme Court–the one that is likely either to eliminate the line between church and state. Or to draw a line in the sand.

Linda Greenhouse covered the U.S. Supreme Court for The New York Times for thirty years, from 1978 to 2008. Here are her thoughts on the issue (gift article):

Chief Justice John Roberts has accomplished so much of his agenda that it’s not easy, as he begins his 22nd Supreme Court term, to think of what unfinished business might remain.

Affirmative action is dead. Roe v. Wade is a fading memory. The Voting Rights Act of 1965 is in shreds, rendered incapable of serving its original mission of preventing states from undermining the political power of minority citizens. The executive branch agencies known collectively as the administrative state have lost their independence, with the president now able to fire nearly all agency heads for any reason or no reason at all. Federal judges are no longer to defer to an agency’s interpretation of its own authority, instead being told to decide for themselves the validity of agency regulations. Historical claims that fly under the banner of “originalism” have frozen the government’s ability to regulate the ownership of lethal weapons.

While it’s a daunting list, some readers might notice that I have omitted one major focus of the Roberts court. Doesn’t religion belong in any inventory of completed projects?

Not yet.

That may seem a startling conclusion, given how significantly the court over the past decade has reoriented the relationship between church and state — a recent law review article by three constitutional law scholars calls the shift “a systematic dismantling of the previous legal regime.” A series of decisions, most of which bear the chief justice’s name, has established the principle, without precedent in constitutional history, that whatever public benefit secular institutions get, religious institutions are entitled to as well. The first of these, in 2017, required Missouri to include a church’s school in a state program to resurface school playgrounds, despite a “no aid” provision in its Constitution that barred the state from giving money to churches. Exclusion of the church from the program, Chief Justice Roberts wrote, was “odious to our Constitution.”

In 2022, the court declared unconstitutional Maine’s exclusion of religious schools from a program that subsidizes private school tuition for families in districts without a public secondary school. If the leap from preschool playgrounds to secondary school tuition seemed head-spinning, it was a leap the chief justice did not acknowledge in his opinion, Carson v. Makin. The principles of the first decision “suffice to resolve this case,” he wrote.

That is a huge amount of ground for the Supreme Court to have traversed in a short time. More is on the way. In its new term, which begins next week, the court will decide whether the equality principle these cases have established is enough, or whether religion is entitled not just to equality but also to preference, in this instance a carve-out from the rules that constrain secular institutions. The case is from Colorado, where a state “universal preschool” program operating since 2023 offers free prekindergarten to all 4-year-olds. Families can choose any participating preschool, secular or religious, that meets the quality standards established at the direction of the legislature. One of the standards is a nondiscrimination requirement: In admitting students whose families apply, the school may not discriminate on the basis of “race, ethnicity, religious affiliation, sexual orientation, gender identity, lack of housing, income level or disability.” Some 2,000 public and private schools, including dozens of religious schools, take part in the program.

For the Archdiocese of Denver, the sexual orientation and gender identity portions of the nondiscrimination provision posed a conflict. The archdiocese requires that parents who send their children to its schools accept the Roman Catholic Church’s teachings on marriage and family, asking them before enrollment to sign a statement of “community beliefs.” Same-sex and transgender parents need not apply. The archdiocese told its parishes not to participate in the program and requested an exemption from the two provisions. The state’s Department of Early Childhood replied that there was no option in state law for an exemption; every aspect of the nondiscrimination policy applied to all.

Two parishes, St. Mary, in Littleton, and St. Bernadette, in Lakewood, sued the state, along with a husband and wife from Littleton who wanted a state-funded Catholic education for their children. (The archdiocese joined the lawsuit but was dismissed for lack of standing.) The plaintiffs’ basic argument was that under the analysis the Supreme Court applied in the secondary school tuition case from Maine, Colorado’s refusal to grant the exemption violated the First Amendment’s guarantee of the free exercise of religion. The Federal District Court in Denver, in a decision affirmed by the U.S. Court of Appeals for the 10th Circuit, disagreed.

“This case is different,” the appeals court said. It explained that while the Maine case and the cases that preceded it concerned a public program’s actual exclusion of religious schools, Colorado has “welcomed and actively solicited their participation.” The court added: “The only relevant limitation on any preschool’s participation is the nondiscrimination requirement which applies to all preschools regardless of whether they are religious or secular.” It noted that the state was neither targeting religion nor “attempting to prohibit funds from being used for religious purposes.”

The anodyne sound of that observation — that of course the state wasn’t preventing the direct use of public money for religious education — shouldn’t obscure the full dimension of the change the Supreme Court has wrought in the constitutional law on religion. The notion that the First Amendment’s other religion clause, the prohibition against the “establishment” of religion, might have anything to say about this arrangement sounds now like the vestige of a distant past, so thorough has been the establishment clause’s erasure from constitutional notice.

This case, St. Mary Catholic Parish v. Roy, puts to the justices the question of whether they are satisfied with what they have accomplished so far. Is equality enough? And if discrimination is an issue in the case, wherein does the discrimination lie?

For the Becket Fund for Religious Liberty, the powerhouse religious law firm that brought this case to the Supreme Court, the question is clear. The news release it issued in April, when the court granted its petition, offered this account: “The Supreme Court today agreed to decide whether Colorado can continue excluding Catholic families and preschools from the state’s ‘universal’ preschool program because of their faith.” A tendentious framing, but well tailored to reach the ears of those justices primed to take an apocalyptic view of any seeming incursion on the interests of religious believers.

A “friend of the court” brief filed on the state’s side by Marci Hamilton, a religion scholar known for opposition to the court’s current course, proposes this counterframing: “This court should not undermine Colorado’s commitment to equality by transforming religious freedom into a doctrine that mandates taxpayer-subsidized discrimination.”

This case has flown under the radar in the months since the court granted the Becket Fund’s petition, but it won’t remain there as the Nov. 3 argument date approaches. Equality or preference? The choice is stark — and Chief Justice Roberts’s project, for now, remains unfinished.

Republicans in Congress are clearly out to incriminate Special Prosecutor Jack Smith, who was appointed by then-Attorney General Merrick Garland to investigate former President Donald J. Trump for his role in the insurrection of January 6, 2021.

In the latest debacle, Senator Eric Schmitt garnered headlines for making a huge mistake. He wanted to trap Smith in a lie so he could be charged with perjury. He claimed to have proof that Smith flew to Atlanta under the pretext of watching a basketball game when his real purpose was to meet secretly with Georgia prosecutor Fani Willis. Smith said it was untrue. On the night in question, he was not in Atlanta. Instead, he attended a women’s basketball game in Maryland, in which the phenomenal Caitlin Clark played.

Blogger Parker Molloy pointed out that the news coverage of Schmitt’s collossal error overshadowed the importance of Jack Smith’s eloquent testimony. Molloy’s blog is titled “The present Age.”

What is bizarre about the Republicans’ rage towards Jack Smith is that they are trying to exonerate the man who tried to stage a coup against the Constitution and overturn the election. I know they are afraid of Trump and cower before him. But must they join in the fantasy that the bloody January 6 insurrection was no big deal, just a load of faithful patriots visiting the U.S. Capitol. They were there. Weren’t they hiding under their chairs and in secret rooms?

Molloy writes, in part:

If, like me this week, you heard about this hearing via social media or just a stray article that made its way through your feed, you probably saw one specific highlight: Sen. Eric Schmitt (R-MO) swung for the fences during his questioning of Smith, and… well… it didn’t go how he thought it would.

The short version (which you’ve probably seen) is that Schmitt claimed Smith had been at an Atlanta Hawks game in 2024 and suggested he’d gone to Atlanta to meet with Fulton County District Attorney Fani Willis. Both Smith and Willis had been involved in investigating Donald Trump’s alleged crimes and efforts to overturn the 2020 election.

“Did you go to an NBA game between the Golden State Warriors and the Atlanta Hawks on February 3, 2024?” he asked. Smith said no. Schmitt continued: “The day before, Fani Willis came clean with her affair with the prosecutor.” And Smith said that he had never met Willis during his time as special counsel, and he had definitely not been in attendance at that Hawks game.

Schmitt then whipped out a poster board that purported to show evidence that Smith had lied under oath.

“I don’t think you know that we have this stuff, so I’ll give you a second to process it so you don’t, you know, perjure yourself,” Schmitt said, dripping with smug confidence. And as you probably know by now, no, Smith wasn’t at that game. He was actually at a University of Maryland women’s basketball game that night. Schmitt seemed to have been confusing the Hawks (NBA team) with the Hawkeyes (NCAA team).

To use a basketball term here, Schmitt air-balled this one big time.

(Somewhat unrelated, but the Warriors-Hawks game Schmitt accused Smith of attending was the one where Steph Curry dropped 60 points, setting a season high. So, hey, I guess if you’re going to put a guy at the wrong basketball game, you might as well pick a good one.)

Senate Judiciary Committee member Sen. Eric Schmitt (R-MO) (L) and Sen. John Kennedy (R-LA) display a sign accusing former Special Counsel Jack Smith of meeting with Fulton County, Georgia, District Attorney Fani Willis during a hearing before the Senate Judiciary Committee in the Hart Senate Office Building on September 29, 2026 in Washington, DC. The committee is holding the hearing to examine Smith’s probe into Donald Trump. (Photo by Win McNamee/Getty Images)

Now, this flub is notable for a couple of reasons. That morning, Axios’s Jim VandeHei reported that Schmitt “is drawing buzz as a possible Vance VP in 2028.” I find it hard to believe the timing was a coincidence. The story ran on the same day Schmitt would try to grab the headlines with a grandstanding moment in which he’d catch Smith in a lie, committing a crime. This was supposed to help propel Schmitt to political stardom in the GOP, but instead, he came away looking like a clown. Even after being corrected, fact-checked, and called out for all of this, Schmitt continued to insistthat he was right, long after he’d been proven wrong. No surprises there.

To add to the egg on his face, there’s the additional irony that he’s the same guy who, back in August, accused Democratic Senate nominee in Michigan Abdul El-Sayed of not knowing ball for saying “Beat Ohio” in reference to Ohio State University (for the record, El-Sayed was right; University of Michigan and its fans regularly do say “Beat Ohio” when referring to OSU, sometimes as a bit of a taunt as Ohio State fans and alumni are known to get a bit touchy whenever someone doesn’t refer to it as “THE Ohio State University.” Hell, former Michigan coach Jim Harbaugh even renamed a practice drill after the phrase).

And yes, all of this clearly is a story. It’s absolutely newsworthy that Schmitt botched his big moment on the day that Axios puffed him up. It’s newsworthy that he clearly thought this was such a slam dunk, and that guys like Benny Johnson and Sean Hannity rushed to post about it on social media, despite the fact that they had literally everything wrong. (Both later deleted their posts.) And yes, it’s newsworthy that Schmitt still won’t actually admit that he made a mistake.

But there was a lot more to the hearing that kind of got lost in the Schmitt show. And if you were paying attention to this as someone who doesn’t closely follow politics, you probably missed it. Smith said a lot of stuff that should shake the country to its core, but instead everyone ended up talking about Eric Schmitt.

And it’s not to say that news organizations ignored the other aspects of Smith’s testimony. They didn’t! But the whole thing got overshadowed by Schmitt’s moment. And I guess that the one thought I had as I read more about what happened during the rest of the hearing was that I kind of wish there was a way for news organizations to capitalize on the viral moment to help inform the public about everything else that happened, to use the viral moment specifically as an opportunity.

But to avoid contributing to the Schmittiness of this, I suppose I should also give a quick rundown of what Smith said during the hearing that I think more people should be aware of. So what did Smith actually say?

Smith told the Senate that people are being threatened with prosecution for being seen as opposing the president

In his opening statement, T-minus about 60 minutes before Schmitt grabbed the spotlight, Smith told the committee this:

As with my appearance before the US House of Representatives Committee on the Judiciary, I am prepared to answer your questions truthfully. I stand by my testimony before the House of Representatives, and I will not be silenced by continued threats of prosecution from the president or others.

As I appear before you today, it is my belief that the rule of law faces challenges unlike any we have experienced in our lifetime. Individuals are threatened with criminal prosecution because they are perceived to have opposed the president. Predetermined outcomes increasingly seem to take precedence over the Justice Department’s longstanding core values and traditions.

History teaches that the rule of law is rarely destroyed all at once. It’s often weakened by attacks on the institutions and the public servants sworn to uphold it. Since January of 2025, we have witnessed precisely such an effort, including the vilification of the agents, prosecutors, and staff who worked on my team, simply because of their unwavering dedication to the rule of law.

I myself have been threatened with jail by the President of the United States. However, I remain confident that the rule of law will endure, because so many continue to uphold it faithfully each day. Throughout our legal system, public servants have remained faithful to their oaths, despite extraordinary pressure to do otherwise. Their example demonstrates that while fear may be contagious, courage is as well.

Back in July, House Judiciary Chairman and alleged knower of a disgusting abuse scandal at THE Ohio State University Jim Jordan referred Smith to the Justice Department, accusing him of knowingly making false statements in his December deposition. At issue are text messages that Smith’s team obtained involving 44 members of Congress, including Jordan. These texts were obtained through the National Archives in response to a request for White House phones. Since we live in bizarro-world, Todd Blanche, Trump’s defense attorney during Smith’s investigation, is now the attorney general. Every day is a new horror, basically.

I digress. Back to the hearing. Chairman Chuck Grassley (R-IA) asked Smith whether whistleblowers who’d talked to Congress about Smith’s investigation should themselves be investigated. Smith said: “I’m not aware of any whistleblowers being investigated. I believe public servants should be protected. The members of my team, that you just mentioned, I’m extremely proud to have worked with them. And the fact that they have been targeted illegally, lost their jobs illegally, and had their lives turned upside down by this Department of Justice is an outrage.”

It is a long but very interesting post. I encourage you to open the link and read it in full.

The fabulous cabaret singer Sophie Tucker, well known in the mid-20th century, said: “I’ve been rich and I’ve been poor. Believe me, rich is better.”

If children have any say in the matter (they don’t), they should arrange to be born to a rich family. They would get regular medical care, nutritious meals, live in nice houses in safe neighborhoods. And their schools would get high ratings!

Jan Resseger writes about how schools in Ohio (and everywhere else) get high test scores:

Here is this morning’s post with new analysis added today from the Cleveland Plain Dealer’s data wonk, Rich Exner, on the meaning of Ohio’s 2026 School Report Cards.

Please do read Exner’s analysis published this afternoon.

Leading with a bar graph correlating the Census Bureau child poverty rate with Ohio school districts’ overall school report card rankings, Exner demonstrates that, once again in 2026, Ohio’s ratings of the state’s public school districts on the annual state report card correlate with school districts’ aggregate family income and other factors known to contribute to opportunity gaps.  The Ohio Department of Education and the Workforce (Ohio DEW) rates and ranks Ohio school districts based on standardized test scores along with several other factors the state now considers such as graduation rates and the amount of chronic absence among students.

Exner writes: “The 2026 Ohio school report cards released this week not only provided a snapshot of each school district, but they also once again drove home the point that wealthier districts usually do better, a cleveland.com analysis found. Perhaps the relationship is no clearer than in comparing districtwide child poverty rates from the Census Bureau to the overall star ratings issued by the Ohio Department of Education and Workforce. Five-star districts, on average, have a child poverty rate of 6.1%, whereas schools scoring on the low-end with just two stars are nearly six times worse off for child poverty, at 35.1%, cleveland.com found.  The trend holds true at each step between, with child poverty averaging 8.5% for 4.5-star districts, 12.8% for four-star districts, 15.6% for 3.5-star districts, 23% for three-star districts and 30.1% for 2.5-star districts.”

Children’s test scores also correlate with related factors. For example, “Within the districts receiving two stars, just 15.6% of the adults age 25 and older have a bachelor’s degree or above. In the five-star districts, the rate is more than three times as high, at 48.5%.”

Exner examines the correlation of a each school district’s aggregate child poverty rate and the percentage of adults with a B.A. or above with the state’s overall ratings, and with rankings in each of the subcategories the state considers: school achievement as measured by test scores; progress; gap closing; graduation rates; early literacy; and college, career workforce, and military readiness.  In each case he confirms the years-long trend correlating the state’s ratings of public schools with socioeconomic factors.

—– Here is the original post published this morning —–

What Ohio’s New School Report Cards Really Mean

Earlier this week, the Ohio Department of Education and the Workforce (Ohio DEW) released state report cards for each Ohio school district and every one of the state’s traditional public schools and charter schools. The Plain Dealer‘s Laura Hancock reports: “Overall, English and math scores inched up statewide. The rate of chronic absenteeism inched downward and remains far from the state’s goal.”

A follow-up from Plain Dealer reporter Rich Exner lists Ohio’s top scoring schools: “Solon was among three Cuyahoga County districts scoring in the top five, and among 10 from the Greater Cleveland area in the top 25 statewide… Following Solon at the top of the list, in order, were Marion schools from western Ohio’s Mercer County, Chagrin Falls, Mariemont from outside Cincinnati, and Rocky River.”  The three greater Cleveland districts in that list are Solon, Chagrin Falls and Rocky River, all upper-income suburbs.

Although Ohio DEW releases the school district report cards every fall with lots of hoopla as a kind of race with clear winners and losers, the causes of disparities in standardized test scores from school to school and district to district are far more complicated. Aggregate standardized test scores for any school or any school district are primarily shaped by one set of variables that are rarely named: family income and the overall income of the community.  The standardized test score ranking is, in reality, a measure of economic privilege.

For years now, Rich Exner, the Plain Dealer’s data wonk, has followed up the state’s release of the state report cards with a far more nuanced analysis.  In 2019, Exner presented a set of bar graphs demonstrating the following: “The latest set of Ohio school report cards not only provided a scorecard for each district statewide – they once again drove home the point that wealthier districts do better on such reports… To get an idea of how closely report card grades from the Ohio Department of Education follow demographic factors, cleveland.com (The Plain Dealer) compared those grades to U.S. Census Bureau community data for household income, child poverty and the education level of the adults.  In nearly every key report card category, the trends followed census data closely.” I include one of Exner’s 2019 bar graphs depicting the correlation of Ohio state school report card rankings with family income.

Again last year, in 2025, when Ohio released the state school report cards, Exner reported the same pattern. While he notes a tiny number of encouraging exceptions when impoverished school districts made impressive test score gains, Exner explains: “For probably as long as the state has been issuing school report cards, one trend has held true – wealthier districts score better. Take this year when the richest 14 districts in the state based on the income of their residents all scored the highest available overall grade – five stars – on the new report cards.”  And he explains further: “Income, of course, is not the only measure tied to the trends. Where incomes are higher, this often increases the likelihood that parents in the districts have college degrees, or the existence of two-parent households, with two incomes. And there are other factors that raise challenges for individual school districts.”

Decades of Research Confirm the Trend Exner Identifies

The late professor of education and former president of the American Educational Research Association (AERA) and the Division of Educational Psychology at the American Psychological Association (APA), David Berliner explained: “The big problems of American education are not in America’s schools… It’s neither this nations’ teachers nor its curriculum that impede the achievement of our children. The roots of America’s educational problems are in the numbers of Americans who live in poverty. America’s educational problems are predominantly in the numbers of kids and their families who are homeless; whose families have no access to Medicaid or other medical services. These are often families to whom low-birth-weight babies are frequently born, leading to many more children needing special education.”

In Ohio, Douglas Downey, a professor of sociology at The Ohio State University describes academic research showing that evaluating public schools based on standardized test scores is unfair to educators and misleading to the public. In a 2019 book, How Schools Really Matter: Why Our Assumption about Schools and Inequality Is Mostly Wrong, Downey explains: “It turns out that gaps in skills between advantaged and disadvantaged children are largely formed prior to kindergarten entry and then do not grow appreciably when children are in school.” (How Schools Really Matter, p. 9) “Much of the ‘action’ of inequality therefore occurs very early in life… In addition to the fact that achievement gaps are primarily formed in early childhood, there is another reason to believe that schools are not as responsible for inequality as many think. It turns out that when children are in school during the nine-month academic year, achievement gaps are rather stable. Indeed, sometimes we even observe that socioeconomic gaps grow more slowly during school periods than during summers.” (How Schools Really Matter, p. 28)

In 2017, Katherine Michelmore of Syracuse University and Susan Dynarski of the University of Michigan studied data from Michigan to identify the role of economic disadvantage in achievement gaps as measured by test scores: “We use administrative data from Michigan to develop a… detailed measure of economic disadvantage… Children who spend all of their school years eligible for subsidized meals have the lowest scores, whereas those who are never eligible have the highest. In eighth grade, the score gap between these two groups is nearly a standard deviation.” “Sixty percent of Michigan’s eighth graders were eligible for subsidized lunch at least once during their time in public schools. But just a quarter of these children (14% of all eighth graders) were economically disadvantaged in every year between kindergarten and eighth grade… Ninety percent of the test score gap we observe in eighth grade between the persistently disadvantaged and the never disadvantaged is present by third grade.”

In 2011, Stanford University educational sociologist, Sean Reardon reported on growing residential segregation by income—which correlates with segregation by race. Reardon used a massive data set to document the consequences of widening economic inequality for children’s outcomes at school. Reardon showed that while in 1970, only 15 percent of families lived in neighborhoods classified as affluent or poor, by 2007, 31 percent of families lived in such neighborhoods. By 2007, fewer families across America lived in mixed income communities. Reardon also demonstratedthat along with growing residential inequality and residential segregation by income is a simultaneous jump in an income-inequality school test score gap. The gap between the children with income in the top ten percent and the children with income in the bottom ten percent, was 30-40 percent wider among children born in 2001 than those born in 1975, and twice as large as the black-white test score gap.

Then in 2016, Reardon documented: “The socioeconomic profile of a district is a powerful predictor of the average test score performance of students in that district.” “The most and least socioeconomically advantaged districts have average performance levels more than four grade levels apart. Average test scores of black students are, on average, roughly two grade levels lower than those of white students in the same district; the Hispanic-white difference is roughly one-and-a-half grade levels. Achievement gaps are larger in districts where black and Hispanic students attend higher poverty schools than their white peers… and where large racial/ethnic gaps exist in parents’ educational attainment.  The size of the gaps has little or no association with average class size, a district’s per capita student spending or charter school enrollment.”

In 2022, Reardon commented on the factors that contribute to opportunity gaps: “We examine… test score gaps because they reflect… differences in access to educational opportunities. By ‘educational opportunities,’ we mean all experiences in a child’s life, from birth onward, that provide opportunities for her to learn, including experiences in children’s homes, child care settings, neighborhoods, peer groups, and their schools. This implies that test score gaps may result from unequal opportunities either in or out of school; they are not necessarily the result of differences in school quality, resources, or experience. Moreover, in saying that test score gaps reflect differences in opportunities, we also mean that they are not the result of innate group differences in cognitive skills or other genetic endowments… (D)ifferences in average scores should be understood as reflecting opportunity gaps….”

When standardized test scores are aggregated and compared from school district to school district, the disparities reflect economic inequality as well as economic segregation across U.S. school districts. Although in a smaller town a school district’s aggregate test scores may reflect the economic range of a diverse community, in any metropolitan area, some schools are filled with rich kids, while others are filled with poor kids.  And more important, test scores do not present any picture of what is happening in anybody’s schools. They don’t tell us anything about the richness of the curriculum or the extracurricular offerings for enrichment.  They don’t tell us anything about how teachers work with students or whether students come to love learning.

Trump humiliated himself and our country by his belligerent speech at the United Nations today. He offered a choice to Iran: either make a deal or I will annihilate you. Richardson points out that the animating vision of the UN is a world in which words replace wars, in which diplomacy replaces coercion. Trump doesn’t get it.

Instead, he displayed his idea of “the art of the deal”: do what I say or I will bludgeon you, destroy you, exterminate you.

There is one good thing about his nutty ban on CNN, MS NOW, and Politico. All the other networks refuse to post videos of him

Speaking. That’s a relief for those of us who hate the sound of his whiny voice and know that most of the time he is either boasting or lying. personally, I hope this ban lasts a while longer. By the way, the Justice Departnebt said yesterday that Trump was justified in banning CNN, MS NOW, and Politico as a matter of “national security.”

Richardson wrote:

In 1945, still reeling from World War II, representatives from 50 nations reached back to the U.S. Constitution when they wrote the Preamble to the United Nations charter. “WE THE PEOPLES OF THE UNITED NATIONS” were, they wrote, “DETERMINED to save succeeding generations from the scourge of war, which twice in our lifetime has brought untold sorrow to mankind, and to reaffirm faith in fundamental human rights, in the dignity and worth of the human person, in the equal rights of men and women and of nations large and small, and to establish conditions under which justice and respect for the obligations arising from treaties and other sources of international law can be maintained.”

Central to that effort was the principle, stated in Article 2, that “[a]ll Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations.”

The U.N. General Assembly has been meeting in New York City since September 8, and today began its high-level General Debate, the annual meeting of the heads of state and heads of government that launches the General Assembly session. At the General Debate, all 193 U.N. member states are invited to address the General Assembly.

By tradition, Brazil speaks first because it was the first to volunteer to speak in 1955 when no other country would. Because the United States is the country that hosts the United Nations, it usually speaks second.

In his speech today, President Donald J. Trump, reading haltingly off a teleprompter, said: “I have a big decision to make. Will a deal be made with Iran that lets them rebuild and create a far greater country than it ever was before, maybe one of the greatest in the Middle East or even the world? Or do I annihilate the Islamic Republic and do it quickly, never giving them a chance to kill and destroy people and countries again? Do I drive them into hell with no chance of survival and no hope of future greatness or generations?”

Much of the Iranian delegation walked out.

Trump’s immediate switch to a talking point about the midterms suggests that his speech was aimed at U.S. voters more than the U.N. audience, but it should not be overlooked that he stood in front of world leaders and rejected the premise of the U.N.

Touting his own “Board of Peace” and continuing his fiction that he has solved multiple wars, he outlined a fantasy worldview of himself as a powerful dictator, a man of action who rejects the diplomacy at the heart of the U.N.

“I do not believe in letting problems fester,” he declared. “They only become harder to solve. So while others have talked, I have acted. While others have spoken of peace, I have made peace. While others have ignored threats, I have confronted them. While others have talked of courage, America has shown it. While others have promised strength, I have used it to make America the most powerful country in the world.”

Rejecting the principles on which the U.N. was founded, Trump instead embraced the idea that powerful countries will have spheres of influence, dominating their neighbors. This is the worldview advanced by Russia’s president Vladimir Putin, who seeks to have control over the decisions made by the countries around Russia, including Ukraine. In this worldview, as Trump sees it, the United States will control the western hemisphere.

“To the victor belong the spoils,” he told the U.N. in a perverse echo of the world the U.N. founders set out to change. “You’ve all heard that.”

Trump threatened Mexico and boasted of U.S. attacks on Venezuela that removed Venezuelan president Nicolás Maduro from power and replaced him with Delcy Rodríguez, who was willing to work with the Trump administration to allow the U.S. access to Venezuelan oil fields.

“Our actions in Venezuela are proof that the United States will no longer permit threats to America to gain a foothold anywhere in the Western Hemisphere. And if necessary, we will use our unmatched military might to secure the vital national interests of the United States.”

“My administration is also seeking a fundamental change in the situation in Cuba,” Trump said, “where the communist regime is under great pressure, the biggest pressure they’ve ever been under. It’s an absolutely failed state. It’s failing like never before and it will fall. Marco Rubio is handling a negotiation. He’s deep into negotiations with Cuba. Let’s see what happens.”

The Cuban delegation walked out.

In an echo of White House Deputy Chief of Staff Stephen Miller and Vice President J.D. Vance, Trump went full white nationalist, accusing the “U.N.’s top human rights officials” of wanting the U.S. “to open up our borders to gangs and criminals from [the] world’s most dangerous places…. It is deeply ironic that the United Nations has an entire institution, the UNESCO group of people and countries devoted to protecting cultural heritage. Yet with their ceaseless promotion of mass migration, these globalists are actively destroying the greatest cultures and most extraordinary heritage in all of history. There is no human right to illegal immigration, but there is a right to remain a sovereign nation, and we want to remain a sovereign nation and so should you.”

United Nations Secretary-General António Guterres, the former prime minister of Portugal, asked the nations of the world to hold fast to a different vision.

He warned that “we are witnessing an extraordinary transfer of power away from governments to a handful of private corporations and individuals,” whose “reach now extends across politics, economies, information flows, technological development, and the civic space on which societies depend.”

“At the very moment when humanity faces an unprecedented convergence of threats, our mechanisms for collective action are under growing strain.”

There are two routes open, Guterres said. Either the world will fragment into “transactionalism,” “rising tensions and deepening mistrust,” “fractured markets and weakened institutions,” “shrinking cooperation and zero-sum calculations,” or it will move toward “networked multipolarity,” a “world built on interdependence—and sustained by a dense web of economic, political, social, and technological connections. A world in which multiple centres of influence coexist within a common framework of international law and shared rules.”

Against the backdrop of Russia’s debacle in Ukraine and the U.S. morass in Iran, Guterres noted that the world’s superpowers have learned that “their power isn’t so super. That their power has limits.”

He urged countries to hold fast to the principles of the United Nations: “The primacy of international law. Upholding human dignity. And the pursuit of justice in all its dimensions.”

“It comes down to this,” he said, “Will we act to ensure that power is governed by law or by force? By cooperation or coercion?”

Force must not “be the final arbiter of whose lives, rights, and future matter,” he said.

He called out the war in Iran and conflicts in the Middle East; Israel’s onslaught on the Palestinians in Gaza “with a scale of killing and destruction unlike anything I have witnessed in all my years as Secretary-General”; “violence, displacement and settlement expansion by Israel in the Occupied West Bank”; Russia’s full-scale invasion of Ukraine in violation of the U.N. charter; the war on civilians in Sudan, with millions displaced; and escalating violence in Myanmar.

Guterres added that “[n]o discussion of inequality can ignore its most universal form: The inequality between men and women. Everywhere, women and girls continue to face discrimination, violence, exclusion, and abuse. Around the world: Their rights are being rolled back. Their voices silenced. Their bodies turned into battlegrounds. And their freedoms treated as bargaining chips.

“This is an outrage—and a profound waste for humanity. Peace is more durable when women are at the table. Economies are more dynamic when women have equal opportunity. Societies are more resilient when girls can learn, lead, and live free from fear. And institutions are more effective when power is shared equally.”

“Equality is not a dream,” Guterres said. “It is a decision.”

“Excellencies,” he said, “The test before us is whether power will be exercised with the law—or beyond it.”

“In the face of a global catastrophe more than 80 years ago,” Guterres said, “the United Nations was created as an act of defiance. The defiance of people who refuse to surrender the future to fear. The defiance against the self-defeating notion that might makes right. The defiance of countries that know our futures are bound together.

“The defiance of hope.”

Mike Simpson, known on Twitter as “Big Education Ape,” is known for his brilliant memes and editorial cartoons. Typically, they expose the latest fads and lies that defame teachers and public schools. Every once in a while, he publishes a great post, like this one.

He writes:

I’M SHOCKED, SHOCKED — HOW 30 YEARS OF BILLIONAIRE-FUNDED “REFORM” MANUFACTURED THE EDUCATION CRISIS IT PROMISED TO FIX

There’s a famous scene in Casablanca where Captain Renault declares he is “shocked, shocked” to find gambling going on — right before a croupier hands him his winnings. That’s essentially the posture of the billionaire reform industrial complex today, clutching its pearls over a Gallup poll showing public satisfaction with American schools has cratered to 32% — an 11-point nosedive in just two years — while quietly pocketing the profits of the crisis they spent three decades engineering.

Shocked. Absolutely shocked.

The Architecture of a Manufactured Crisis

Let’s be precise about the timeline, because precision matters when someone is picking your pocket.

For roughly 30 years, a well-funded constellation of think tanks, philanthropic foundations, hedge fund managers, and tech oligarchs pumped billions of dollars into a single, relentless narrative: public schools are failing. Not “underfunded.” Not “systematically neglected.” Failing — as in, inherently broken, irredeemably incompetent, populated by bad teachers protected by evil unions, and salvageable only by the heroic intervention of the private market.

The messaging was surgical. The money was real. And — surprise! — it worked.

As the Big Education Ape’s deep dive into school funding makes devastatingly clear, the playbook was never subtle:

Starve public schools of adequate funding. Declare them “failing.” Ride in on a white charter bus to “rescue” the children.

The chronic underfunding wasn’t fiscal negligence. In many states, it was a feature, not a bug. Squeeze hard enough, the theory went, and disruption would force innovation. What it actually forced was deferred maintenance, teacher shortages, and a generation of kids learning to read in buildings where the roof leaks and the textbooks predate the iPhone.

Now the poll numbers confirm the narrative took hold — and the reformers are citing those same poll numbers as proof they were right all along. The audacity is, genuinely, breathtaking.

The Numbers That Tell Two Very Different Stories

Here’s what the data actually shows — and what it doesn’t show:

Metric: The Headline. What It Actually Means Gallup Public Satisfaction 32% — record low 30 years of “failing schools” messaging worked exactly as intended.

Parent Satisfaction with Their Own School Historically ~2x the national figure People trust what they experience; they fear what they’re told

Math & Reading Scores Declining, especially bottom quartile Tracks directly with funding inequity and screen-time explosion

Top-tier U.S. Student Performance Still globally competitive. The “crisis” is concentrated where disinvestment is concentrated

The gap between how Americans rate schools in general versus their own child’s school is the smoking gun. It has always been the smoking gun. People who actually walk into a public school building — who meet the teachers, see the classrooms, watch their kids come home — consistently rate those schools dramatically higher than the national “failing” narrative suggests.

That gap is the manufactured crisis. It lives entirely in the space between lived experience and media-amplified fear.

$1.8 Billion Worth of Snake Oil, Served Fresh

And just when you thought the reform carousel might slow down, along comes the Science of Reading — the latest Next Big Thing™ in a long line of Next Big Things™ that have collectively cost American taxpayers tens of billions of dollars and produced reading scores that went, as the Big Education Ape’s withering analysis puts it, precisely nowhere.

Remember Common Core? $15.8 billion. A decade of standardized testing theater. Reading scores: unmoved.

Now we have the Science of Reading, $1.8 billion deep and climbing, with the same cast of vendors, the same philanthropic networks, and the same conspicuous absence of a money-back guarantee.

To be scrupulously fair: phonics works. Explicit decoding instruction works. The underlying research on structured literacy is legitimate. But here’s the thing about legitimate research — it doesn’t require a $1.8 billion vendor ecosystem, mandatory state legislation in 40+ states, and the systematic deskilling of teachers who are told to stop thinking and start following the script. When real science gets packaged into proprietary curricula, sold to districts under legislative mandate, and deployed without the trained human educators needed to implement it well, you don’t get science. You get very expensive phonics worksheets.

The question nobody in the reform complex wants to answer remains the same one it’s always been: Where is the money-back guarantee?

The Other Hand: How Tech Bros Broke Kids’ Brains While Selling the Cure

Here is the part of the story that deserves its own criminal investigation — or at minimum, a very uncomfortable congressional hearing.

The same Silicon Valley billionaires who spent decades pushing EdTech into classrooms as the revolutionary equalizer — screens for every student! –are the identical billionaires whose social media platforms have:

  • Collapsed long-form reading among adolescents at a rate researchers describe as one of the steepest drops in PISA history
  • Engineered algorithmic doom-scrolling that neurologically rewires 15-year-olds away from the sustained attention that math and reading comprehension require
  • Distracted over a quarter of students internationally during core academic instruction, by their own PISA survey data

They sold the disease and the cure. They pushed the screens that fragmented attention spans, then sold the adaptive software to remediate the fragmented attention spans, then pointed at the test scores and said: See? Public schools are failing.

As Big Education Ape’s piece on reading struggles frames it with characteristic bluntness: if you’re struggling to read this, you have some very rich friends to thank.

The Exit Ramp Is Marked “November 3”

None of this is inevitable. None of this is permanent. The No Kings Coalition — the sprawling, nonpartisan civic movement that flooded the streets in March — is now flooding the polls, with a Vote Early Day of Action on October 17 aimed squarely at the November 3, 2026 midterms.

The math is straightforward, even if the billionaires prefer we can’t do it:

  • Elect candidates who will defend public education funding, not divert it into voucher schemes that enrich private operators at public expense
  • Overturn the Supreme Court rulings — from Citizens United forward — that transformed American democracy into a billionaire auction
  • Restore the principle that public money follows public children into public schools, not into the portfolios of private equity firms with a “reform” logo.

The manufactured crisis has a manufactured solution: more billionaire intervention, more privatization, more EdTech, more testing, more disruption. The actual solution is considerably less glamorous and considerably more effective — fund schools equitably, pay teachers competitively, put phones away, and stop letting people who profit from public school failure write public school policy.

The Bottom Line

The 32% satisfaction number is not evidence that public schools have failed. It is evidence that a 30-year, billion-dollar propaganda campaign succeeded. The same people who manufactured the crisis are now selling the cure — at $1.8 billion a pop, no refunds, no guarantees, no accountability.

Meanwhile, the teachers who showed up every day through a pandemic, through chronic underfunding, through a staffing crisis, through the algorithmic dismantling of their students’ attention spans — those people are still in the classroom at 7 AM, doing the work that no EdTech platform, no voucher program, and no think tank white paper has ever actually replaced.

The casino is rigged. Captain Renault is shocked. And the November ballot is the one lever the house can’t control.

Vote like a public school depends on it. Because one does.


🔗 Related Reading from Big Education Ape:

Sources & Links

🔵 Public Satisfaction & Gallup Data


🔵 PISA Performance & International Benchmarks


🔵 School Funding, Privatization & the Manufactured Crisis


🔵 Science of Reading & EdTech Accountability


🔵 Democracy, Elections & the No Kings Coalition


All links verified active as of September 9, 2026. Primary polling data sourced from Gallup/Walton Family Foundation. PISA data sourced from NCES/OECD 2025 release.

The blogger “Liberty Beats News” reported the following disturbing story. Secretary of Defense Pete Hegseth is obsessed with the idea of “lethality” and “masculinity” that leads to stories like this one, as well as bias against women, who don’t have the same levels of testosterone as men. Even without the testosterone that Hegseth demands, women seem to be capable of exemplary leadership. Hegseth, however, continues to block most women from leadership roles in the military.

Blogger Liberty Brats News reports:

Pentagon Announces Mandatory Testosterone Testing for Troops Over 30 — And the Science Behind It Is Shakier Than Hegseth Is Selling It

Defense Secretary Pete Hegseth is framing declining testosterone as a fixable threat to military “lethality,” but the medicine tells a messier story: most people prescribed testosterone therapy never get properly diagnosed first, and the FDA has flagged real cardiovascular risk

WASHINGTON — July 15, 2026

Defense Secretary Pete Hegseth announced Wednesday that all active-duty service members age 30 and older will be required to undergo annual testosterone deficiency screening as part of their existing periodic health assessment — branding the effort “The High-T Department of War” in a video posted to social media.

What Was Announced

Under the new policy, troops 30 and up will be tested annually; those under 30 can opt in voluntarily. If a service member is found to have a deficiency, testosterone replacement therapy (TRT) is offered, not mandated — the choice to actually take it remains with the individual. Hegseth framed it as a health and performance initiative: “It’s about restoring and optimizing your natural capabilities, protecting your longevity, and ensuring you have the biological foundation required to sustain the fight.” The Pentagon has not clarified whether the requirement or the treatment option extends to women in the military, whose testosterone levels also decline with age.

The Marketing Language vs. the Actual Medicine

Hegseth’s own phrase, “High-T,” isn’t a medical term — it’s borrowed directly from a social media fitness and masculinity trend, where influencers encourage men to chase higher testosterone numbers as a marker of strength and virility. That distinction matters, because the FDA has never approved testosterone therapy on that basis. 

The only FDA-approved use for TRT is treating clinical hypogonadism — a specific, diagnosable medical condition involving genuine testicular or pituitary dysfunction, confirmed through repeated blood tests and documented symptoms. Simply having a number that’s lower than it used to be isn’t the same thing as having a treatable deficiency, and the FDA has never approved TRT as a tool for boosting combat performance, aggression, or “lethality” in men with normal age-related hormone decline.

What “Low Testosterone” Actually Means — And Doesn’t

Testosterone drops by roughly 1% a year after age 30, according to the Mayo Clinic — a completely normal, expected part of aging, not a malfunction. True testosterone deficiency, called hypogonadism, affects an estimated 5.6% of men between 30 and 79. That means the overwhelming majority of the men this policy will test every year have testosterone levels that are simply aging normally, not failing. 

Testosterone Levels By Age: Normal Ranges 2026 Guide

A 2026 Endocrine Society study presented at its annual meeting found that most men who are already being prescribed testosterone therapy in civilian medicine never received proper, guideline-based diagnostic testing beforehand — meaning a huge share of current TRT patients may not actually meet the medical bar for needing it in the first place. One of the study’s independent reviewers, a reproductive endocrinologist at Imperial College London, called overprescribing “a problem of our time,” driven in part by corporate telehealth providers with minimal clinical oversight — a dynamic a mandatory military-wide testing program risks reproducing at scale.

The Risks Nobody’s Talking About in the Announcement

Testosterone therapy isn’t risk-free. The FDA issued a formal safety communication requiring TRT products to carry warning labels about a possible increased risk of heart attack and stroke. The research since then has been genuinely mixed — some large studies have found elevated cardiovascular risk in men on TRT, while others, including a comprehensive Harvard-affiliated review of 72 studies, found no compelling evidence of increased heart disease or cancer risk. What that actually means is that the cardiovascular safety of giving testosterone therapy to a large, mostly healthy population has not been settled science — which makes rolling it out across the entire U.S. military, framed as a performance and readiness initiative, a real-world experiment on hundreds of thousands of people rather than a proven intervention.

A Broader Pattern

This isn’t happening in isolation. The FDA moved in April to expand access to TRT more broadly, and Hegseth has spent his tenure building what he calls a “warrior ethos” around hyper-masculine physical standards — requiring all combat roles to meet a single “highest male standard,” warning against “fat generals and admirals,” and mocking transgender troops in public remarks. 

Notably, Health and Human Services official Dr. Mehmet Oz has already publicly praised Trump’s own testosterone levels, according to RFK Jr., calling them the highest he’s seen in a man over 70 — a strange data point to have entered the public discourse days before this policy, and a reminder that “optimizing testosterone” has become as much a cultural signal in this administration as a medical one.

Bottom Line

Nothing about this policy is inherently sinister — screening for a real, underdiagnosed medical condition isn’t unreasonable on its face. What doesn’t hold up is the marketing: testosterone testing doesn’t measure “lethality,” normal aging isn’t a deficiency, and the treatment itself carries cardiovascular questions that haven’t been fully answered even in civilian medicine, where prescribing already outpaces proper diagnosis. Framing a hormone panel as the key to combat readiness sells better on social media than it does in a peer-reviewed journal.

Sources

• Forbes — “Hegseth Announces ‘Testosterone Deficiency’ Screening For Soldiers 30 And Over,” July 15, 2026. forbes.com/sites/saradorn/2026/07/15/hegseth-announces-testosterone-deficiency-screening-for-soldiers-30-and-over/

• Newsweek — “Hegseth’s New Military Testosterone Rules: Who Is On The Hook?” July 15, 2026. newsweek.com/hegseth-announces-new-required-pentagon-testosterone-tests-who-it-impacts-12200211

• NOTUS — “Testosterone-Fueled Troops? Hegseth Says Military to Begin Testing Hormones,” July 15, 2026. notus.org/defense/testosterone-troops-hegseth-testing

• Stars and Stripes — “‘High-T Department of War’: Hegseth announces annual testosterone screenings for service members age 30 or older,” July 15, 2026. stripes.com/theaters/us/2026-07-15/hegseth-approve-testosterone-testing-troops-22274442.html

• The Hill — “Pentagon to screen troops over 30 for testosterone,” July 15, 2026. thehill.com/policy/defense/5969935-hegseth-testosterone-testing-dod/

• Endocrine Society — “Testosterone therapy in men may be overprescribed, inconsistent with clinical guidelines,” June 13, 2026. endocrine.org/news-and-advocacy/news-room/2026/papaleontiou-press-release-endo-2026

• U.S. FDA Drug Safety Communication — “FDA cautions about using testosterone products for low testosterone due to aging,” fda.gov/Drugs/DrugSafety/ucm436259.htm

• Harvard Gazette — “Study finds no direct links between testosterone therapy, diseases,” Harvard Medical School review of 72 studies. news.harvard.edu/gazette/story/2004/01/study-finds-no-direct-links-between-testosterone-therapy-diseases

Rick Wilson explains why the Senate should refuse to confirm Todd Blanche as Attorney General of the United States. It’s not just that he has covered up the Epstein files and refused to obey the law ordering their release. It’s not just that he personally interviewed Ghislaine Maxwell, after which she was moved to a comfy low-security prison. It’s not just that he negotiated the sweetheart deal to create a slush fund for J6 prisoners and Trump’s disgraced friends. It’s not just that he pledged that Trump and his family would not be audited by the IRS.

The problem is that he is Trump’s personal lawyer, not the champion of justice on behalf of the American people. He will never say no to Trump.

He should not be confirmed.

Wilson writes:

There is a particular species of Washington careerist who convinces himself that the oath he swore was a formality, a bit of throat-clearing before the real work of pleasing the boss begins.

Todd Blanche is an apex predator of that species. He is the man who looked at the Department of Justice, an institution built to stand between raw political power and the citizen, and saw not a sacred trust but a tool to please Donald Trump.

A very large, very expensive tool, with 115,000 employees with guns and badges and legal power that he could hand to Donald Trump like a caddy handing over a nine iron.

Trump has now nominated this man to be Attorney General of the United States, permanently, with the title and the office and the flag behind the desk. So let us be clear about what confirmation would ratify.

Let us catalog the sins.

Start with the original sin, because everything else flows from it. Todd Blanche does not know the difference between his client and his country. When he walks into Main Justice every morning, the man he serves is not the American people. It is the man who signs his continued employment.

Adam Schiff put it with the precision of a former prosecutor: at every turn, Blanche has been unable to put aside his role as Donald Trump’s criminal defense lawyer and represent the American people instead.

This is not a metaphor. Blanche literally was Trump’s criminal defense lawyer, in three of the criminal cases brought against him in 2023 and 2024. He sat at the defense table. He argued for absolute presidential immunity before the Supreme Court, co-authoring the brief that helped birth the monstrous doctrine that a president is a king within the four corners of his office. And then, having done that work, he was installed atop the very department that had prosecuted his client, where he could finish the job from the inside.

The Attorney General’s client is supposed to be an abstraction so large it can be hard to hold in your head: two-thirds of a billion people, but the Constitution and the idea that the law applies without fear or favor.

Blanche traded that abstraction for a man. He knows exactly who he works for. He has never pretended otherwise. That is the whole problem, and it is disqualifying before we get to anything else.

People confirm men like Blanche imagining the damage as prospective, a risk to be managed. It is not prospective. He has been running the building since April 2, when Trump defenestrated Pam Bondi for the crime of trying, and failing, to gin up prosecutions unsupported by facts and law. Blanche’s qualification for the promotion was that he would not make the same mistake.

Under his leadership, more than 16,000 people have walked out of the Department of Justice, including roughly a quarter of its attorneys. Think about that number. Not a purge of the top layer, a hemorrhage of the institution itself, the career prosecutors and agents and staff who are the actual muscle and memory of federal law enforcement.

He fired the people who worked January 6 cases. He fired people who worked the Jack Smith investigations. He moved to vacate the seditious conspiracy convictions of the Proud Boys and Oath Keepers leadership, the men who organized the assault on the Capitol, as though the whole thing had been a misunderstanding.

And then he pointed the emptied-out machine at new targets. The Southern Poverty Law Center got indicted on a theory so thin that federal law enforcement had reportedly known about and been aided by the very informant program Blanche stood at a podium to condemn. A whistleblower alleges one of his enforcers ordered Alabama prosecutors to rush the SPLC indictment through despite doubts about whether the case was any good. This is what a weaponized DOJ looks like from the inside: the case comes first, and the facts get conscripted to serve it.

Nothing captures the man better than the persecution of James Comey. The former FBI director posted a photograph of seashells arranged to spell “86 47” and deleted it. For this, Blanche’s Justice Department indicted him. Twice, actually, because the first grand jury effort was such a legal embarrassment they had to go back for another bite.

Understand what the government is alleging: that a retired official committed a felony threat against the president by arranging shells on a beach. Adam Schiff, who spent six years as a federal prosecutor, said he had never seen a case this weak, and offered that in the future, when some DOJ lawyer proposes bringing something this flimsy, there should be a new name for it. He also named the actual motive without flinching.
The case exists, Schiff said, because Comey is a political opponent, because the president called for his prosecution, and because Todd Blanche wants to keep this job.

There it is. The Attorney General of the United States, or the man who wants to be, running a federal prosecution not because a crime occurred but because bringing it is his audition tape. Bondi got fired for not being able to deliver the president’s enemies. Blanche learned the lesson. Comey is the receipt.

The same apparatus has been grinding away at Letitia James, at Schiff himself, at Jerome Powell, the Federal Reserve chair, whom Trump has publicly demanded be prosecuted. The through line is not evidence. The through line is a list of people who made Donald Trump angry.

Reread the Comey section. Retired federal official. Instagram post. Photograph of seashells arranged on a beach to spell “86 47.” Felony indictment. Not one grand jury but two, because the first attempt was such a legal embarrassment they had to go back for a second scoop.

Now the money, because there is always money in this corrupt griftorama era.

Trump had a $10 billion lawsuit against the IRS over the leak of his tax returns. Blanche settled it, and the settlement’s centerpiece was a fund, an “anti-weaponization fund,” to compensate people who claimed the federal government had done them wrong. The total was set at $1.776 billion. They chose that number as a nod to the Declaration of Independence, which tells you everything about the self-mythologizing grandiosity of these goons. They wanted to loot the Treasury and dress it up as a Fourth of July parade.

Who would the fund pay? Blanche was asked, directly, whether Proud Boys and Oath Keepers convicted of beating Capitol Police officers could collect. He would not rule it out. Anybody in this country can apply, he said, and the commission will set the rules, as though he were describing a raffle and not a mechanism to funnel taxpayer money to men who assaulted cops on live television.

Pardoned January 6 defendants lined up to file claims. So did Michael Cohen. Even Trump’s own allies gagged; a Republican congresswoman called it a billion-dollar-plus slush fund to his face.

The backlash got loud enough that Blanche went before a House committee and said the fund was not going forward, period. But watch the hands. Judge Leonie Brinkema asked him to put that in writing, under penalty of perjury, a sworn declaration that the thing was dead in any manner, under any name. He refused. The Justice Department called her request unnecessary and declined to file it. A man who genuinely meant it would sign the paper.

Blanche of course wants the option to bring it back, and the tax provision buried in the settlement, the one that quietly cleared away audits of Trump and his family and his businesses, that part he defended and that part stayed. The slush fund was the misdirection. The immunity was the trick. Fortunately, a Florida judge nuked the immunity case this week, but I suspect Blanche will fight like hell to bring it back.

Gotta protect the client, right, Todd?

And then there is Ghislaine Maxwell, which is where the contempt for the public curdles into something genuinely dark. When the Epstein files became a political inferno that scorched Trump’s own base, Blanche personally proposed, at a White House crisis meeting, that he interview Maxwell himself. The convicted child sex trafficker. Nine hours across two days.

He was not there as a prosecutor. He offered her immunity for the conversation and made no promises about her sentence, which is a strange way to interrogate a witness and a very natural way to conduct a job interview for a pardon. Weeks later, Maxwell was transferred to a lower-security facility, reportedly in violation of standing Bureau of Prisons policy. The Deputy Attorney General of the United States flew to Florida, sat across from a woman convicted of trafficking children, and gave her a 300-page platform to rewrite history and distance Trump from his old friend, never once challenging her court-proven lies.

Epstein’s victims and their families are outraged over this nomination, and rightly so. Even Pam Bondi, in her own testimony, put the Maxwell decision on Blanche.

Blanche is running the largest cover-up in American history, protecting sexual predators and harming their victims…and that alone utterly disqualifies him from becoming A.G.
This is the tell. When the choice was between the survivors of the worst crimes imaginable and the political protection of Donald Trump, Blanche chose Trump, and he chose him by cutting a deal with the woman who helped commit those crimes. There is no version of the Attorney General’s oath that permits that. There is only the client.

I’ll repeat it again for the MAGAs in the back: the Attorney General does not work for the president in the way a White House lawyer works for the president. That distance is the entire point. It was built in blood and scandal, hardened after Watergate, when the country learned what happens when the Justice Department becomes the president’s personal enforcer.

The AG is supposed to be able to look at the man who appointed him and say no. To decline the weak case. To refuse the vendetta. To refuse to sign on to lies and oversights, no matter how much complying would help the President. That’s not Blanche, Blanche has inverted every one of those principles. He brings the weak case. He runs the vendetta. He signs on to every lie. He empties the building of everyone with the integrity to object and fills the silence with loyalists. He has taken the one office in American government whose independence is vital for the rule of law, and he has offered it, on his knees, to a man who wants to use it as a weapon.

The Senate is being asked to make this permanent. To take the temporary occupant who has done all of this in a matter of months and hand him the title, the tenure, and the flag. Every senator who votes yes is not voting for a man.
They are voting to erase the line between the president’s lawyer and the people’s lawyer, forever, and to reward the man who took the eraser to it with the greatest prize in American law.

Todd Blanche knows exactly who he serves.
It’s not the American people.

Adam Kinzinger, former Republican member of Congress, writes an always interesting blog. He wrote yesterday that the Trump administration is harassing legal immigrants by failing to process their applications for green cards and work permits. The immigrants affected come from those countries on Trump’s restricted travel list. They have done nothing wrong. They are here legally. U.S. District Judge Algenon Marbley in Columbus, Ohio, ordered the administration to resume processing their paper work.

Kinzinger wrote:

Yesterday, a federal judge ordered the Trump administration to restart green card and work permit applications it had frozen. The freeze targeted immigrants from countries on the President’s travel restriction list. These are people already living here, many of them for years.

The case was brought by 25 of them. A hospital pharmacist. A nurse doing cancer research on federal funding. College graduates with job offers in science and engineering. Young couples raising kids. They all followed the process, and they all watched their paperwork freeze with no end date.

The Judge wrote that the administration was treating a person’s home country as a “significant and negative factor” in whether their case moved at all. He even named the President and the Vice President, writing that both men have “publicly and repeatedly expressed outright hostility toward immigrants.”

This is the second time in a month a federal judge has thrown out these freezes. A court in Rhode Island did the same in June.

The ruling does not hand anyone a green card. It forces the government to make a decision instead of leaving people in the dark. And the administration could not tell the court how making a nurse who already lives here wait longer keeps a single American safer. Because it can’t.

Here’s what I know after spending more than a decade in Congress. The Republican talking point was always the same. We are not anti-immigrant, we are anti-illegal immigration. Come the right way. Get in line. Well, these people got in line. They did everything my old party claimed to want. And this administration is trying to get rid of them anyway. The talking point was never true. It was just cover. They never wanted any immigrants here at all.

Thom Hartmann is a brilliant researcher, author, journalist, and blogger. He writes incisively about American politics.

In this post, he explains that the decision by the U.S. Supreme Court on immigration was not about who gets to cross the border but whether the President can ignore laws passed by Congress. The rightwing majority of six is constructing and reinforcing the theory of the “unitary executive,” which makes the Presidency more powerful than the other two branches. Since the Reagan era, rightwingers have embraced this idea. This was not the intent of the Founders, who designed a government in which there was no sovereign, no king.

The rightwing majority on the Court are Originalists when it serves their purposes (didn’t everyone carry a gun whenever they went shopping?), but they are not shy about ignoring the Founders when it serves their purposes.

He writes:

Something happened inside the Supreme Court chamber on Thursday that almost never happens: Justice Sonia Sotomayor was so disgusted by what the six radical, on-the-take Republican appointees had just done that she read her dissent aloud from the bench, and Justice Samuel Alito, who’d written the majority opinion, snapped back at her in real time, a breach of the Court’s normally stage-managed decorum that left veteran reporters in the room visibly startled in slack-jawed amazement.

On the surface they were fighting about asylum seekers. But Sotomayor understood, as Alito surely did, that the real question wasn’t who gets to cross the border: it was whether the laws Congress writes still mean anything once a neofascist, imperial president (like Alito and his peers want) decides he’d rather not follow them because he’s above the law.

To understand this — and why it’s so insanely radical — look carefully at what the Court actually did in the two 6-3 all-Republican immigration rulings it handed down yesterday morning. 

Back in 1980, a bipartisan Congress passed the Refugee Act to bring American law in line with our promise not to send the persecuted back to be killed, and it laid out a specific, mandatory set of steps.

Under the law Congress wrote that year, a noncitizen who reaches our border and says she fears persecution gets referred for an asylum interview to determine the legitimacy of her fear of violence or death in her home country or the country she’s fleeing. The word Congress chose to write into the law was the administration “shall,” not “may,” hold that hearing and a judge “shall” make that determination. 

On Thursday the Republicans on the Court, however, ruled that Trump can erase or effectively ignore that law by simply ordering border agents to physically block people on the Mexican (or, presumably, Canadian or at an airport arrival) side of the line, so they never technically “arrive in the United States” and the law never kicks in.

Sotomayor called the reasoning illogical, because it is. A person standing at the threshold of a port of entry has plainly arrived. The Republican Trump toadies on the Court, however, pretended otherwise so Trump’s racial enforcers could essentially ignore both the intention and the letter of the law that elected members from both parties in Congress wrote.

The second ruling is even worse, albeit quieter.

Congress (whose job is to write laws for the United States) created Temporary Protected Status (TPS) in 1990 for people who can’t safely go home, and it built in court review of whether an administration followed the required procedures before yanking that status away. 

The Trump administration recently tried to strip TPS protections from hundreds of thousands of Black Haitians and brown-skinned Syrians as part of its “Make America White Again” program, and multiple lower courts found it had ignored those procedures the law requires, noting that Trump’s Haiti decision, in particular, was tainted by racial animus (hate of Black people from what Trump calls “shithole countries”).

As Amy Howe of SCOTUSblog wrote about Justice Elana Kagan’s reaction: 

“Kagan called it ‘plain to see’ that race played a role in the decision to terminate the TPS designation for Haiti. ‘The evidence’ that the Haiti TPS beneficiaries ‘have offered,’ she stressed, ‘includes statements by the President so repellent and racially inflected that the majority declines to put them in print.’ But those ‘statements fairly shout,’ she said, ‘in their racial undertones and overtones alike, that race entered into the President’s resolve to remove Haitians from this country.’”

The Republican majority didn’t even bother to say if the Trump regime had or had not complied with the plain letter and clear intent of the law Congress passed. Instead, the six corrupt Republicans on the Court declared that no court anywhere in America is allowed to even ask if Trump, et al, are breaking that particular law (an oversight process by a court called “judicial review”).

As the American Immigration Council pointed out, that means even an openly illegal decision is now insulated from any review by any judge in the country, closing the courthouse door in a way that, in my opinion, even the most conservative of the Founders would have found astonishing and plainly unconstitutional. 

Congress, in other words, wrote a law that told the courts to check the legitimacy of asylum seekers claims to determine if they can or cannot stay here and apply for legal status; writing such laws is what the Constitution requires of an elected Congress. 

But the six radical justices that rightwing billlionaires have spent decades and hundreds of millions of dollars to get on the Supreme Court told all the rest of the courts in America to simply look away and ignore the law. They’re not allowed to enforce it any more, even though Congress passed it and a president signed it. 

Robert Reich put his finger on it yesterday afternoon, noting in his excellent newsletter that: 

“[A] majority of the current Supreme Court — the abominable Roberts Court — has bent over backwards to ignore those laws.

“This must be seen for what it really is — a systemic effort by the six Republican appointees on the court to shrink congressional authority and enlarge the authority of the executive branch.

“If there was any doubt before, there should be none now: The Supreme Court is part of the anti-democracy movement led by Trump and the billionaires behind him.”

This agreement with Trump’s racist efforts to purge America of Black and brown refugees aren’t only losses for those would-be immigrants. As Reich points out, these decisions are stripping power from Congress, from the basic idea that the people’s elected representatives get to write laws that the Constitution requires a president to obey.

The Court’s defenders will tell you I’m being unfair in that assessment, claiming that the justices are just neutral umpires reading statutes as written. But that’s a lie, and recent history proves it.

Back in 2021, this very same Court struck down Joe Biden’s pandemic eviction moratorium, the one keeping millions of struggling families in their homes during a deadly COVID surge, ruling that his CDC had reached “past what Congress allowed” and declaring that if such a moratorium were going to continue, Congress, and not the president, would have to specifically authorize it.

Just a few years later, the same conservative bloc reasoned its way to blocking Joe Biden’s student debt relief, insisting Congress would never hand a president that kind of authority without saying so in unmistakable language. 

When a Democratic president acts, in other words, they read laws Congress has passed with a magnifying glass and demand crystal-clear permissions. But when Trump (or, presumably, future Republican presidents) wants to shred the asylum process or wants his immigration purges of nonwhite people placed beyond the reach of any judge, the magnifying glass disappears and the words suddenly bend whichever way Trump wants.

These six lawyers in robes started from the outcome that today’s captured hard-right MAGA Republican Party and its white supremacist Dear Leader wants and reverse-engineered their reasoning to reach it, and the reasoning changes from case to case because the only thing that has to stay fixed is who wins. 

As Sotomayer wrote, pointing to that magnifying glass in her dissent to yesterday’s Mullin v. Al Otro Lado decision: 

“The Court’s illogical interpretation [of Congress’ written law] is driven almost entirely by a fixation on a single word: ‘in.’”

And the consequences of these decisions aren’t merely academic: people will die because of the actions these corrupt Republicans just took allowing the President and his whiteness enforcers to ignore the statutes that Congress wrote, both parties passed, and presidents signed into law. As Sotomayor also wrote in her dissent:

“One woman who had fled Honduras after receiving death threats from gang members was beaten, cut, and knocked unconscious by an unknown man after being turned back from a port of entry. Another asylum seeker who was turned back at a port three times was later raped in the presence of her child. 

“Those living in migrant camps were subjected to break-ins, robberies, and assaults, ‘fac[ing] serious harm at the hands of criminal organizations, including kidnapping, extortion, physical violence, and sexual assault.’ Some were ‘murdered in Mexico while waiting for an opportunity to be processed by U. S. officials.’ 

“Desperate to flee these conditions and secure the opportunity to apply for asylum, ‘[s]ome attempted to reach U. S. soil by other means,’ including by attempting to cross the border between ports of entry by trekking through deserts or swimming across the Rio Grande. Often, these efforts had tragic ends. 

“One couple that grew discouraged after a month of waiting in a camp near the border decided to cross the river and ask for asylum once they reached U. S. soil, but they were caught in a swift current and drowned. Another woman also drowned, along with her 2-year-old son, after she gave up waiting in a tent camp and attempted to swim across the river. Hundreds of others have met a similar fate, and many more died crossing the desert along the southern border, all making 2020 and 2021 some of the ‘deadliest year[s] for migrant crossings’ in various regions of the southern border.”

I lived and worked in Germany in the 1980s, and you couldn’t be there in those years without feeling how the entire postwar refugee framework — in America and across postwar Europe — grew out of one unbearable lesson, that turning desperate people away at the door and sending them back to die is something decent nations swore they’d never do again.

In 1939, the United States turned away the St. Louis, a ship carrying 937 Jewish refugees fleeing Hitler’s Nazi Germany purge of all “non-Aryan” people. The ship returned to Europe where the Nazis seized its passengers, ultimately murdering 254 of them in the “detention centers” Germany ran in occupied countries. 

Americans were horrified and humiliated as the story became known well after the war, and the Refugee Act of 1980 was our nation writing the promise that we’d never repeat such a horror into law; it passed with broad bipartisan support. 

On Thursday of this week five unelected men and one unelected woman in robes decided that promise is now optional for a president who welcomes white South African “refugees” but wants to purge American of people whose skin is darker than his.

I’ve argued for years, including in The Hidden History of the Supreme Court and the Betrayal of America, that Republicans on this Court long ago seized powers the Framers never gave it, and have — since Nixon flipped the court to the right and appointed Lewis Powell (of Powell Memo infamy) in 1972 — spent the last fifty years using them on behalf of the morbidly rich and the party that serves them. 

From Buckley in 1976 and Bellotti (written by Powell himself in 1978) through Citizens United in 2010, this generation’s Republican justices — each carefully placed on the Court by big money interests since the 1980s — rewrote our democracy and turned it into an auction; earlier this term they even gutted what was left of the Voting Rights Act to help solidify raw GOP political power. 

Now they’re telling Congress its laws are merely suggestions whenever a Republican president disagrees.

Justice Louis Brandeis warned us a century ago that, “[W]e can have democracy in this country or we can have great wealth concentrated in the hands of the few, but we can’t have both.” The morbidly rich men who put these justices on the Court made their choice, and the justices are delivering for them, tearing another bite out of our democracy with every decision.

The good news is that the branch the Court just tried to sideline is the one closest to you. Ahilan Arulanantham, who argued the Syrian case, urged Congress to act to overrule the Court, and he’s right, because Congress can restore judicial review, can rewrite these statutes in language even Sam Alito can’t twist, can expand and rebalance the Court itself, and can be made to do all of it if enough of us demand it. 

Call your senators and representative at 202-224-3121 and tell them a Court declaring Congress irrelevant is a five-alarm constitutional emergency: we need a judicial code of ethics for SCOTUS so they have the follow the same laws as all other federal judges must; impeachment hearings for Thomas, Alito, Kavanaugh, and Roberts; 18-year term limits; and a rapid expansion of the Court to at least 13 members to bring it into line with previous, historic ratios to other senior courts. 

None of this changes unless ordinary people refuse to let it stand. So get loud, stay in it, and if this piece helped you understand what really happened yesterday, share it and send people to hartmannreport.com so more of us understand exactly what we’re up against, exactly who to hold responsible, and how.

The best part of subscribing to Slate is Mark Joseph Stern’s legal commentary. In this post, he explains the tortured and wholly inadequate logic behind the decision to strike down a Hawaii law that allowed owners of private property to prohibit people from bringing guns into their establishments. Property rights vs. gun rights. The six rightwing members of the U.S. Supreme Court chose gun rights over property rights and pretended that it was a traditional, well-established practice throughout American history. In the preface, Stern described Justice Alito’s opinion as “deranged.” Surely it is deranged to be so indifferent to human life, especially hypocritical from the six who banned abortion because of their devotion to a “right to life.”

I suppose the resolution is that fetuses have a right to life but human beings, once born, do not have a right to live. Thus, no place is protected from guns except courthouses, schools, and the Halls of Congress. How long will it be until it’s okay to carry guns in schools? The justices will never allow guns in their courthouses.

Stern writes:

The Supreme Court’s 6–3 decision in Wolford v. Lopez on Thursday confirms our worst fears about the supermajority’s Second Amendment jurisprudence: It is a freewheeling policy project utterly unmoored from history that allows the Republican-appointed justices to implement their preferred gun laws under the thin guise of judicial review. These justices struck down Hawaiʻi’s law restricting guns on private property not because the Constitution required them; to the contrary, the state proved beyond doubt that its statute was deeply rooted in history and tradition. Rather, the supermajority killed the law because it was offended that Hawaiʻi would dare try to mitigate the violence that SCOTUS has unleashed through its radical, incoherent gun rights jurisprudence. Justice Samuel Alito’s opinion for the court bristles with annoyance toward the state government’s attempts to protect people on private property from getting shot to death. Constitutional law has given way to six justices’ ad hoc nullification of any law that favors human life over the paranoid obsessions of gun enthusiasts.

Wolford involves a Hawaiʻi law that prohibits individuals from carrying guns on private property unless the owner affirmatively consents. (California, Maryland, New Jersey, and New York have enacted similar statutes—all now likely invalid.) The state intended this rule to respect property rights by creating a default rule that nobody takes a firearm onto someone’s land without their permission. Gun advocates promptly challenged it under Bruen, the Supreme Court’s 2022 decision holding that a burden on the right to bear arms is unconstitutional unless it has enough “historical analogues” from the distant past. They claimed that Hawaiʻi could not identify a sufficient number of these “analogues” to justify its law.

There are key problems with this argument, as Justice Ketanji Brown Jackson explained in dissent. First, Bruen ostensibly compels courts to figure out what conduct the Second Amendment protected when ratified; if a contemporary law infringes on that conduct, it is presumptively unconstitutional. But, Jackson wrote, “there is no right to carry a gun onto private property without the permission of the owner.” The majority did not even contest this point, because it is uncontestable. Instead, Alito ratcheted up Bruen’s level of generality: Rather than asking if Hawaiʻi’s law actually burdens a concrete, well-defined right, he merely asked if it “hampers” an individual’s ability to take their gun anywhere they want. Because it does, he concluded, it must be supported by appropriate “historical analogues.”

Then, having defined the right to bear arms as broadly as possible, Alito demanded granular specificity from older statutes that echo Hawaiʻi’s. The state offered many; its list included 18th-century laws in Pennsylvania, Maryland, New Jersey, and New York that required permission from a property owner before carrying a gun on his land, as well as 19th-century laws in Florida, Louisiana, and Texas that restricted the unapproved carrying of guns on “the premises or plantations of any citizen.” Even under Bruen’s stringent standard, aren’t these statutes enough to shore up Hawaiʻi’s modern version?

No, Alito wrote, because each is “distinguishable” from Hawaiʻi’s. The state’s true goal, he asserted, is to enshrine “local attitudes” and “a Hawaiian tradition” that “disfavor the carrying of guns” in public to prevent violence. By contrast, the 1700s laws were mere “anti-poaching” rules meant to mitigate “harms and risks associated with unauthorized hunting.” So, under Bruen, they are not “relevantly similar” to Hawaiʻi’s in terms of “how and why” they were enacted. Meanwhile, the 1860s laws were post–Civil War “Black codes” meant to oppress former slaves. So Alito dismissed them as a “tainted artifact” that did not qualify as Bruen “analogues.”

Each of these moves infuriated Jackson. To start, she bemoaned the majority’s “boundless” Second Amendment that “presumptively protects” the right “to carry anywhere and everywhere.” Alito’s “newfound understanding of the first step of Bruen,” Jackson wrote, “obliterates any need for reference back to original meaning.” After Wolford, “judges are now free to insert any meaning they desire into the text of the Second Amendment and then demand the government provide analogues to fit that interpretation.”

As to those analogues: Jackson ridiculed Alito’s refusal to acknowledge that they show how “states routinely required affirmative consent for armed carry onto private property” at the founding. The 1700s statutes were not, in fact, limited to poaching, but were also meant to prevent “armed trespass, property theft or damage, and gun violence, whether intentional or accidental.” Lawmakers helpfully wrote down these aims, which Alito ignored. The purpose of these laws, Jackson wrote, was to “vindicate property rights” by mitigating “concerns associated with violations of those rights by armed individuals on private land.” That, of course, is precisely what Hawaiʻi seeks to do today.

And what about the Southern laws from the post–Civil War era that protected private property from armed trespassers? Jackson acknowledged that “confronting the origins of these laws is certainly uncomfortable. The Black Codes were ugly. And racist. And deplorable.” But that does not “automatically render these laws irrelevant to a fair assessment of the right to carry firearms.” If the majority chooses to “tether its Second Amendment analysis to facts about America’s past, it must contend with our nation’s entire history, warts and all.” Excluding laws that appear “ugly” to modern eyes empowers the court “to cavalierly pick and choose which parts of the historical record count,” giving it “discretion to cull the history” in “service of a single goal: preventing the government from responding to issues arising from the possession of firearms.”