Archives for category: Race

Writing in The New Yorker, where she is a contributing columnist, Jeannie Suk Gersen analyzes the SCOTUS decision that ended affirmative action. Gersen is a Harvard Law School professor.

Gersen writes that the High Court forbade explicit consideration of race in evaluating candidates for admission, but it left a small opening:

Since universities can no longer consider applicants’ race in deciding whether to offer them admission, the immediate practical question is what information they can consider about applicants. In a key sentence, toward the end of his ruling, Roberts said, “Nothing in this opinion should be construed as prohibiting universities from considering an applicant’s discussion of how race affected his or her life, be it through discrimination, inspiration, or otherwise.” (Harvard cited the sentence in a message to its community after the Court’s decision.) Roberts’s point was that “the student must be treated based on his or her experiences as an individual—not on the basis of race.”

It remains to be seen whether colleges will find “race-neutral” ways of identifying students of color so they can maintain a diverse enrollment. One way is to de-emphasize standardized testing, which enlarges the pool of Black candidates.

Colleges and universities have long contended that demographic diversity is an important goal. The learning experience is enriched, they argued, when students come from different backgrounds and bring different perspectives.

But the goal of diversity was thrown out by the Roberts’ court. The six-justice majority ruled that diversity is no longer to be considered by courts to be “a compelling interest.”

She writes:

But even the liberal dissenters, in their strong defense of the need for race-conscious affirmative action, seemed not quite willing to tether their support of the policy to the goal of student-body diversity. That is because the dissenters, in two opinions, penned by Justice Sonia Sotomayor and by Justice Ketanji Brown Jackson, were focussed on the continuing need to remedy the devastating, ongoing effects of the historical subjugation of Black Americans.

Perhaps the most unfortunate aspect of the affirmative-action precedents is that since 1978, in Regents of the University of California v. Bakke, the Court has said that the goal of remedying past societal discrimination and injustice is not a compelling interest for schools to pursue in admissions. The dissents in the S.F.F.A. cases underscored not only that the sins that the United States has visited on Black people did not end after slavery and Jim Crow but also that the original justification for affirmative action which the Court approved five decades ago—diversity—was entirely incommensurate to the profound problem to be addressed and was doomed to fail. ♦

Suppose the goal of affirmative action was to fast track large numbers of students from historically disadvantaged groups into the professions and the upper ranks of the business and corporate world. On that ground, it’s clear that affirmative action has been a remarkable success. It has propelled many hundreds of thousands, or even millions, of men and women into medicine, law, education, social work, and every other field.

But the problem that affirmative action was created to solve is very far from solved. Despite the strides that have been made, Blacks, Hispanics, people from Indigenous groups are still very far from equality. They continue to suffer from the historic injuries of the past.

I wonder: if the lawyers for the universities had justified affirmative action not on the value of diversity but on the basis of righting historic wrongs, would the Court have ruled differently? I don’t think so. The six hard-right Justices are on a mission to roll back civil rights law, to curb the power of government to right wrongs, and you encourage the emergence of a society in which people pull themselves up by their bootstraps without relying on government.

We know the problems with the bootstrap theory of progress. In a world where there is so much inequality, some people don’t need to pull themselves up. They are already on top. Others, those on the bottom, may not have any bootstraps at all. Rugged individualism will not reduce social and economic inequality.

Sadly, we can no longer look to the Supreme Court to protect either precedents or rights. Instead, we must tremble for our future whenever they announce a new decision.

The only hope for our democracy is an electoral sweep that makes possible an FDR or an LBJ.

It’s not likely to happen in 2024, given Trump’s loyal base, but I believe our survival as a democracy depends on re-electing Biden. Neither Trump nor DeSantis is qualified for the Presidency. The American renaissance is likely to happen when enough citizens realize that the Republican Party is no longer interested in protecting the Constitution and the rule of law. Will that be after Trump leaves politics? Will it be 2028? 2032?

Liz Cheney said recently that the biggest problem in our politics is that the people keep electing “idiots.” We will have our Renaissance when voters realize that governing requires reason and intelligence. That would mean a blue wave to sweep the idiots out of office.

This is one of the best letters that Heather Cox Richardson has written since I started reading her posts. It puts the current Supreme Court’s radical decisions into historical perspective. This Court, hand-picked by Leonard Leo and the Federalist Society, is engaged in a shameless effort to move the clock back to the world as it existed before the New Deal. This Court threatens our democracy and our rights.

She writes:

Today the Supreme Court followed up on yesterday’s decision gutting affirmative action with three decisions that will continue to push the United States back to the era before the New Deal.

In 303 Creative LLC v. Elenis the court said that the First Amendment protects website designer Lorie Smith from having to use words she doesn’t believe in support of gay marriage. To get there, the court focused on the marriage website designer’s contention that while she is willing to work with LGBTQ customers, she doesn’t want to use her own words on a personalized website to celebrate gay marriages. Because of that unwillingness, she said, she wants to post on her website that she will not make websites for same-sex weddings. She says she is afraid that in doing so, she will run afoul of Colorado’s anti-discrimination laws, which prevent public businesses from discriminating against certain groups of people.

This whole scenario of being is prospective, by the way: her online business did not exist and no one had complained about it. Smith claims she wants to start the business because “God is calling her ‘to explain His true story about marriage.’” She alleges that in 2016, a gay man approached her to make a website for his upcoming wedding, but yesterday, Melissa Gira Grant of The New Republic reported that, while the man allegedly behind the email does exist, he is an established designer himself (so why would he hire someone who was not?), is not gay, and married his wife 15 years ago. He says he never wrote to Smith, and the stamp on court filings shows she received it the day after she filed the suit.

Despite this history, by a 6–3 vote, the court said that Smith was being hurt by the state law and thus had standing to sue. It decided that requiring the designer to use her own words to support gay marriage violated the First Amendment’s guarantee of free speech.

Taken together with yesterday’s decision ruling that universities cannot consider race as a category in student admissions, the Supreme Court has highlighted a central contradiction in its interpretation of government power: if the Fourteenth Amendment limits the federal government to making sure that there is no discrimination in the United States on the basis of race—the so-called “colorblind” Constitution—as the right-wing justices argued yesterday, it is up to the states to make sure that state laws don’t discriminate against minorities. But that requires either protecting voting rights or accepting minority rule.

This problem has been with us since before the Civil War, when lawmakers in the southern states defended their enslavement of their Black (and Indigenous) neighbors by arguing that true democracy was up to the voters and that those voters had chosen to support enslavement. After the Civil War, most lawmakers didn’t worry too much about states reimposing discriminatory laws because they included Black men as voters first in 1867 with the Military Reconstruction Act and then in 1870 with the Fifteenth Amendment to the Constitution, and they believed such political power would enable Black men to shape the laws under which they lived.

But in 1875 the Supreme Court ruled in Minor v. Happersett that it was legal to cut citizens out of the vote so long as the criteria were not about race. States excluded women, who brought the case, and southern states promptly excluded Black men through literacy clauses, poll taxes, and so on. Northern states mirrored southern laws with their own, designed to keep immigrants from exercising a voice in state governments. At the same time, southern states protected white men from the effects of these exclusionary laws with so-called grandfather clauses, which said a man could vote so long as his grandfather had been eligible.

It turned out that limiting the Fourteenth Amendment to questions of race and letting states choose their voters cemented the power of a minority. The abandonment of federal protection for voting enabled white southerners to abandon democracy and set up a one-party state that kept Black and Brown Americans as well as white women subservient to white men. As in all one-party states, there was little oversight of corruption and no guarantee that laws would be enforced, leaving minorities and women at the mercy of a legal system that often looked the other way when white criminals committed rape and murder.

Many Americans tut-tutted about lynching and the cordons around Black life, but industrialists insisted on keeping the federal government small because they wanted to make sure it could not regulate their businesses or tax them. They liked keeping power at the state level; state governments were far easier to dominate. Southerners understood that overlap: when a group of southern lawmakers in 1890 wrote a defense of the South’s refusal to let Black men vote, they “respectfully dedicated” the book to “the business men of the North.”

In the 1930s the Democrats under President Franklin Delano Roosevelt undermined this coalition by using the federal government to regulate business and provide a social safety net. In the 1940s and 1950s, as racial and gender atrocities began to highlight in popular media just how discriminatory state laws really were, the Supreme Court went further, recognizing that the Fourteenth Amendment’s declaration that states could not deprive any person of the equal protection of the laws meant that the federal government must protect the rights of minorities when states would not. Those rules created modern America.

This is what the radical right seeks to overturn. Yesterday the Supreme Court said that the Fourteenth Amendment could not address racial disparities, but today, like lawmakers in the 1870s, it signaled that it would not protect voting in the states either. It rejected a petition for a review of Mississippi’s strict provision for taking the vote away from felons. That law illustrates just how fully we’re reliving our history: it dates from the 1890 Mississippi constitution that cemented power in white hands. Black Mississippians are currently 2.7 times more likely than white Mississippians to lose the right to vote under the law.

The court went even further today than allowing states to choose their voters. It said that even if state voters do call for minority protections, as Colorado’s anti-discrimination laws do, states cannot protect minorities in the face of someone’s religious beliefs. In her dissent, Justice Sonia Sotomayor wrote that for “the first time in its history,” the court has granted “a business open to the public a constitutional right to refuse to serve members of a protected class.”

It is worth noting that segregation was defended as a deeply held religious belief.

Today, using a case concerning school loans, the Supreme Court also took aim at the power of the federal government to regulate business. In Biden v. Nebraska the court declared by a vote of 6 to 3 that President Biden’s loan forgiveness program, which offered to forgive up to $20,000 of federally held student debt, was unconstitutional. The right-wing majority of the court argued that Congress had not intended to give that much power to the executive branch, although the forgiveness plan was based on law that gave the secretary of education the power to “waive or modify any statutory or regulatory provision applicable to the student financial assistance programs…as the Secretary deems necessary in connection with a…national emergency…to ensure” that “recipients of student financial assistance…are not placed in a worse position financially in relation to that financial assistance because of [the national emergency]”.

The right-wing majority based its decision on the so-called major questions doctrine, invented to claw back regulatory power from the federal government. By saying that Congress cannot delegate significant decisions to federal agencies, which are in the executive branch, the court takes on itself the power to decide what a “significant” decision is. The court established this new doctrine in the West Virginia v. Environmental Protection Agencycase, stripping the EPA of its ability to regulate certain kinds of air pollution.

“Let’s not beat around the bush,” constitutional analyst Ian Millhiser wrote today in Vox, today’s decision in Biden v. Nebraska “is complete and utter nonsense. It rewrites a federal law which explicitly authorizes the loan forgiveness program, and it relies on a fake legal doctrine known as ‘major questions’ which has no basis in any law or any provision of the Constitution.”

Today’s Supreme Court, packed as it has been by right-wing money behind the Federalist Society and that society’s leader, Leonard Leo, is taking upon itself power over the federal government and the state governments to recreate the world that existed before the New Deal.

Education Secretary Miguel Cardona called out the lurch toward turning the government over to the wealthy, supported as it is by religious footsoldiers like Lorie Smith: “Today, the court substituted itself for Congress,” Cardona told reporters. “It’s outrageous to me that Republicans in Congress and state offices fought so hard against a program that would have helped millions of their own constituents. They had no problem handing trillion-dollar tax cuts to big corporations and the super wealthy.”

Cardona made his point personal: “And many had no problems accepting millions of dollars in forgiven pandemic loans, like Senator Markwayne Mullin from Oklahoma had more than $1.4 million in pandemic loans forgiven. He represents 489,000 eligible borrowers that were turned down today. Representative Brett Guthrie from Kentucky had more than $4.4 million forgiven. He represents more than 90,000 eligible borrowers who were turned down today. Representative Marjorie Taylor Greene from Georgia had more than $180,000 forgiven. She represents more than 91,800 eligible borrowers who were turned down today.”

In the majority opinion of Biden v. Nebraska, Chief Justice John Roberts lamented that those who dislike the court’s decisions have accused the court of “going beyond the proper role of the judiciary.” He defended the court’s decision and urged those who disagreed with it not to disparage the court because “such misperception would be harmful to this institution and our country.” But what is at stake is not simply these individual decisions, whether or not you agree with them; at stake is the way our democracy operates.

Norman Ornstein of the American Enterprise Institute didn’t offer much hope for Roberts’s plea. “It is not just the rulings the Roberts Court is making,” he tweeted. “They created out of [w]hole cloth a bogus, major questions doctrine. They made a mockery of standing. They rewrite laws to fit their radical ideological preferences. They have unilaterally blown up the legitimacy of the Court.”

In a shot across the bow of this radical court, in her dissent to Biden v. Nebraska, Justice Elena Kagan wrote that “the Court, by deciding this case, exercises authority it does not have. It violates the Constitution.”

In a decision handed down today, the United States Supreme Court banned the use of race-based affirmative action in college admissions. The six conservative justices voted for the decision, the three moderate-liberal justices voted against it.

The media coverage stresses the likelihood that entrants to elite universities will become more Asian and more white, because of reliance on standardized tests, where those two groups typically have higher scores.

But we do not yet know how much it matters to eliminate official policies of affirmative action.

Most colleges in this country admit everyone who applies, so the elimination of affirmative action won’t change anything for them.

The elite colleges have many more applicants than openings. This is where the elimination of affirmative action is expected to matter. The top colleges often have five or ten times more applicants than spaces.

But selective colleges don’t rely solely on standardized test scores to fill their freshman class. They consider a variety of factors, including grade point average, the student’s participation in non-academic activities, students’ essays, and other factors. They may give preferences to fill their athletic teams, to provide enrollment for all majors, to recruit talented musicians, to accept “legacy” students, the children of alums.

In addition, growing numbers of selective colleges are test-optional, so the tests don’t matter for them.

After nearly 50 years of affirmative action, most elite colleges have internalized the norms of equity, diversion and inclusion. They have welcomed the diversification of faculty, students, and staff. How likely are they to abandon those norms? Not likely, in my view.

My own undergraduate college is led by a very respected African American woman; the director of admissions is also an African American woman. Harvard University has a new president, an African American woman. I doubt that the ethnic profiles of such institutions will change much if at all.

Conservatives have forgotten that President Richard Nixon started affirmative action. That decision was hotly debated but never abandoned until now. At the time, in the late 1970s, I questioned a system that gave points for skin color but in retrospect, I think Nixon’s policy was a great success. It generated a significant number of Black professional. That’s good for Anerican society.

I doubt that the decision today will curtail access to higher education for Black students, not even in the elite colleges that are the target of today’s decision. Diversity, equity and inclusion have become the norm.

The Houston Chronicle studied the demographics of the 29 schools that were the targets of the state takeover. Most had grades from the state of B. Even the school that precipitated the takeover—Wheatley High School—went from an F to a C. The takeover superintendent, Mike Miles, is a military man and a Broadie with no classroom experience. He was previously superintendent in Dallas, where he boasted of his lofty goals, but left after three years, having driven out a large number of teachers (he claims the only ones who left were those with low ratings). Once again, he has a plan, but his plan lacks any evidence behind it.

It’s now been two weeks since Superintendent Mike Miles announced his plans to overhaul 29 Houston Independent School District campuses under his “New Education System” plan. Now that HISD has released more details, the Houston Chronicle compiled and analyzed data on each of the campuses to get a clearer picture of the schools impacted by Miles’ plan.

Instead of focusing exclusively on struggling campuses, Miles’ New Education System plan mainly targets elementary and middle schools that “feed” into three struggling high schools in the district. Though the plan will reconstitute 29 total schools as a part of the system, a spokesperson for HISD clarified that only 28 traditional campuses will be impacted. The 29th school will be a temporary alternative education program which will be reformed and evaluated separately.

The schools chosen to participate in Miles’ “New Education System” are three high schools and their feeder schools.

The schools are largely low-income, Black and Latino schools

According to the Houston Chronicle’s analysis, each school included in Miles’ plan is either majority Black or majority Hispanic/Latino. The vast majority of students at each campus are also from low-income families.

At the schools impacted by Miles’ plan, the average percentage of economically disadvantaged students – which is measured by the amount of students who qualify for free and reduced price lunches – is higher than the average across HISD. In the 2021-2022 school year, the average percentage of economically disadvantaged students at the campuses in Miles’ plan was 98%, while the district average was 83%, according to data from the National Center for Education Statistics.

New Education System schools demographics

Every school in Mike Miles’ New Education System plan has either a majority Black or majority Latino student population, and most students at the schools are from low-income families, according to data from the 2021-2022.

Most of the schools are 90-95% Black.

Most schools are already performing well

In terms of accountability ratings, many of the schools targeted in Miles’ overhaul have not underperformed in recent years. In 2022, the majority of schools included in the plan received “A” or “B” ratings, and only five of the schools were given a “Not Rated” label under SB 1365 – which exempted schools from ratings that would have received a “D” or “F” last year.

Though the three high schools at the heart of the Miles’ plan – Kashmere, North Forest and Wheatley – have had three of the five highest failure rates in the district, North Forest and Wheatley both received passing ratings in 2022.

Additionally, Miles’ plan includes four campuses that are unconnected to the three struggling high schools. These campuses include Highland Heights Elementary and Henry Middle, which also have some of the worst failure rates in the district, and Sugar Grove Academy and Marshall Elementary, which both received passing ratings in 2022 but have struggled in prior years.

So, at the point of takeover, the most troubled schools in HISD were on an upswing, making progress under the leadership of an experienced educator (who was quickly hired by Prince George’s County in Maryland). And now they are led by a Broadie who failed to make a difference in Dallas.

It would not be a stretch to believe that Governor Abbott, a mean and vindictive man—is punishing Houston for not voting for him.

Paul Bowers is an education journalist and blogger in South Carolina. He is a graduate of Siuth Carolina’s public schools and his children attend them. He writes here about what happened when the state banned books that made students uncomfortable, which are typically known as “divisive concepts laws.” Heaven forbid that students learn anything that would be considered controversial or divisive!

He wrote:

A most predictable outcome has arisen in South Carolina. After passing a gag order to stop the imaginary threat of “critical race theory” in schools, the state has purged a memoir about American racism from the syllabus in a high school classroom.

An outcome such as this was the obvious purpose of the teacher censorship provisos that Republican lawmakers slipped into the last two years’ state budgets, which forbid public school teachers from teaching that “an individual should feel discomfort, guilt, anguish, or any other form of psychological distress on account of his race or sex,” along with a long list of other vague speech prohibitions.1


Bristow Marchant, a reporter at The State newspaper, reported on Monday that in the spring of 2022, students in an Advanced Placement Language and Composition class at Chapin High School complained to the Lexington-Richland 5 School Board after being assigned Ta-Nehisi Coates’ 2015 bestseller Between the World and Me.
“I am pretty sure a teacher talking about systemic racism is illegal in South Carolina,” one student wrote.

To be clear, it is not illegal for teachers to talk about systemic racism in South Carolina. But in a season of unhinged school board rants by the Moms for Liberty network, vague condemnations of “critical race theory” by the state education superintendent, micromanagement of classroom materials by the governor himself, and frivolous lawsuits filed by the all-white South Carolina Freedom Caucus alleging anti-white bias in schools, the unofficial state policy is to intimidate teachers into silence regardless of what the law says.

In this case, a school principal caved to pressure and censored the book. The school board caved too. If recent history is any indicator, we can expect The College Board to cave, as they did in Florida when Gov. Ron DeSantis and his allies demanded a whitewashing of the AP African American Studies curriculum. (Coates’ writing was removed there, too.)

Here in South Carolina, the teacher was left standing up for herself, writing to her district superintendent with a spirited defense of the book’s inclusion in a unit on persuasive essays. Her courage is an inspiration. We can’t abandon her to the mob.

Book bans remain massively unpopular in the United States. In a poll conducted last year by the EveryLibrary Institute, just 18% of respondents said they supported banning books on issues of race and “critical race theory.” A small, entitled minority doesn’t get veto power over what the rest of our children learn. This is a message we can take to every school board, library board, and county council where the censors choose to wield their influence.

It can be daunting to stand up to the intimidation tactics of groups like Moms for Liberty, who got their start harassing and threatening their neighbors in Florida school districts. The piles of dark money behind these groups and others like the State Freedom Caucus Network can make them seem larger and more powerful than they really are. But never forget that we outnumber them.

$24.18 via Bookshop, a perfect gift for that special school board member in your life

Ta-Nehisi Coates is a literary giant who doesn’t need someone like me to defend his bona fides, but I’ll say this anyway: The politicians who seek to ban his work are revealing a lot about themselves.

Please open the link to read the rest of Bowers’ post.

The Brown Decision was released by the U.S. Supreme Court on May 17, 1954, precisely sixty-nine years ago. It was a historic decision in many ways. It was the beginning of the end of de jure segregation in every aspect of American society. Of course, de facto segregation persists in schools, housing, and in many aspects of life. It would have been impossible to imagine in 1954 that the nation would elect a Black man as President in 2008 and again in 2012.

The decision was unanimous. America could not claim to be a nation of freedom, liberty, democracy, and equality when people of color were excluded from full participation in every aspect of public life and walled off from the mainstream of American society in their private lives. Segregation and discrimination were hallmarks of the American way. Black people were not only restricted in the right to vote, were not only underrepresented in legislatures and other decision-making bodies, but were excluded from restaurants, hotels, movie theaters, public transport, public beaches, and from all other places of public accommodation, as well as private commerce. Segregation was imposed by law in the South and some border states, and by custom in northern, western, and midwestern states.

The Brown Decision struck a blow against this cruel reign of prejudice and bigotry in American life. We are far, very far, from fulfilling the promise of the Brown Decision. To make progress, we must be willing to look deeply into the roots of systemic racism and dismantle the structures that condemn disproportionate numbers of Black families to live in poverty and in segregated neighborhoods. A number of Republican-led states have made such inquiries illegal.

The present movement for vouchers, which is strongest in Republican-dominated states, will not move us closer to the egalitarian goals of the Brown Decision. Vouchers are inherently a divisive concept. They encourage people to congregate with people just like themselves. Heightened segregation along lines of race, religion, social class, and ethnicity are a predictable result of vouchers.

The voucher movement began as a hostile response to the Brown decision, led by racist governors, members of Congress, legislatures, White Citizens Councils, parents who did not want their children to attend schools with Black children, and white supremacists who wanted to protect their “way of life.” They refused to comply with the Supreme Court decision. They called Earl Warren a Communist. They engaged in “massive resistance.” They quickly figured out that they could fund private academies for whites only, and some Southern states did. And they figured out that they could offer “vouchers” or “scholarships” to white students to attend white private and religious schools.

I recommend three books about the history of the ties between segregationists, the religious right, and vouchers. I reviewed all three in an article called “The Dark History of School Choice” in The New York Review of Books. Although it is behind a paywall, you can read one article for free or subscribe for a modest fee.

The Power Worshippers: Inside the Dangerous Rise of Religious Nationalism, by Katherine Stewart

Overturning Brown: The Segregationist Legacy of the Modern School Choice Movement, by Steve Suitts

Schoolhouse Burning: Public Education and the Assault on American Democracy, by Derek W. Black

In addition, I recommend Nancy MacLean’s superb Democracy in Chains: The Deep History of the Radical Right’s Stealth Plan for America. It links the voucher moment to the Koch brothers and other libertarians, including Milton Friedman. I reviewed it in the same journal. MacLean is the William H. Chafe Professor of History and Public Policy at Duke University.

Nancy MacLean wrote the following article for The Washington Post nearly two years ago. In the past two years, the voucher movement has gained even more ground in Republican-dominated states. If it is behind a paywall, you can read it here.

She wrote:

The year 2021 has proved a landmark for the “school choice” cause — a movement committed to the idea of providing public money for parents to use to pay for private schooling.

Republican control of a majority of state legislatures, combined with pandemic learning disruptions, set the stage for multiple victories. Seven states have created new school choice programs, and 11 others have expanded current programs through laws that offer taxpayer-funded vouchers for private schooling and authorize tax credits and educational savings accounts that incentivize parents moving their children out of public schools.

On its face, this new legislation may sound like a win for families seeking more school options. But the roots of the school choice movement are more sinister.

White Southerners first fought for “freedom of choice” in the mid-1950s as a means of defying the U.S. Supreme Court’s 1954 Brown v. Board of Education decision, which mandated the desegregation of public schools. Their goal was to create pathways for White families to remove their children from classrooms facing integration.

Prominent libertarians then took advantage of this idea, seeing it not only as a means of providing private options, but also as a tool in their crusade to dismantle public schools altogether. This history reveals that rather than giving families more school options, school choice became a tool intended to give most families far fewer in the end.

School choice had its roots in a crucial detail of the Brown decision: The ruling only applied to public schools. White Southerners viewed this as a loophole for evading desegregated schools.

In 1955 and 1956, conservative White leaders in Virginia devised a regionwide strategy of “massive resistance” to the high court’s desegregation mandate that hinged on state-funded school vouchers. The State Board of Education provided vouchers, then called tuition grants, of $250 ($2,514 in 2021 dollars) to parents who wanted to keep their children from attending integrated schools. The resistance leaders understood that most Southern White families could not afford private school tuition — and many who could afford it lacked the ideological commitment to segregation to justify the cost. The vouchers, combined with private donations to the new schools in counties facing desegregation mandates, would enable all but a handful of the poorest Whites to evade compliance.

Other Southern states soon adopted voucher programs like the one in Virginia to facilitate the creation of private schools called “segregation academies,” despite opposition from Black families and civil rights leaders. Oliver Hill, an NAACP attorney key to the Virginia case against “separate but equal” education that was folded into Brown, explained their position this way: “No one in a democratic society has a right to have his private prejudices financed at public expense.”

Despite such objections, key conservative and libertarian thinkers and foundations, including economists Milton Friedman and Friedrich Hayek, Human Events editor Felix Morley and publisher Henry Regnery, backed the White Southern cause. They recognized that White Southerners’ push for “freedom of choice” presented an opportunity to advance their goal of privatizing government services and resources, starting with primary and secondary education. They barely, if ever, addressed racism and segregation; instead, they spoke of freedom (implicitly, White freedom).

Friedman began promoting “educational freedom” in 1955, just as Southern states prepared to resist Brown. And he praised the Virginia voucher plan in his 1962 book, “Capitalism and Freedom,” holding it up as a model for school choice everywhere. “Whether the school is integrated or not,” he wrote, should have no bearing on eligibility for the vouchers. In other words, he knew the program was designed to fund segregation academies and saw it as no barrier to receiving state financing.

Friedman was far from alone. His fellow libertarians, including those on the staff of the William Volker Fund, a leading funder on the right, saw no problem with state governments providing tax subsidies to White families who chose segregation academies, even as these states disenfranchised Black voters, blocking them from having a say in these policies.

Libertarians understood that while abolishing the social safety net and other policies constructed during the Progressive era and the New Deal was wildly unpopular, even among White Southerners, school choice could win converts.

These conservative and libertarian thinkers offered up ostensibly race-neutral arguments in favor of the tax subsidies for private schooling sought by white supremacists. In doing so, they taught defenders of segregation a crucial new tactic — abandon overtly racist rationales and instead tout liberty, competition and market choice while embracing an anti-government stance. These race-neutral rationales for private school subsidies gave segregationists a justification that could survive court review — and did, for more than a decade before the Supreme Court ruled them unconstitutional.

When challenged, Friedman and his allies denied that they were motivated by racial bigotry. Yet, they had enough in common ideologically with the segregationists for the partnership to work. Both groups placed a premium on the liberty of those who had long profited from white-supremacist policies and sought to shield their freedom of action from the courts, liberal government policies and civil rights activists.

Crucially, freedom wasn’t the ultimate goal for either group of voucher supporters. White Southerners wielded colorblind language about freedom of choice to help preserve racial segregation and to keep Black children from schools with more resources.

Friedman, too, was interested in far more than school choice. He and his libertarian allies saw vouchers as a temporary first step on the path to school privatization. He didn’t intend for governments to subsidize private education forever. Rather, once the public schools were gone, Friedman envisioned parents eventually shouldering the full cost of private schooling without support from taxpayers. Only in some “charity” cases might governments still provide funding for tuition.

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

Today, the ultrawealthy backers of school choice are cagey about this long-term goal, knowing that care is required to win the support of parents who want the best for their children. Indeed, in a sad irony, decades after helping to impede Brown’s implementation, school choice advocates on the right targeted families of color for what one libertarian legal strategist called “forging nontraditional alliances.” They won over some parents of color, who came to see vouchers and charter schools as a way to escape the racial and class inequalities that stemmed from White flight out of urban centers and the Supreme Court’s willingness to allow White Americans to avoid integrating schools.

But the history behind vouchers reveals that the rhetoric of “choice” and “freedom” stands in stark contrast to the real goals sought by conservative and libertarian advocates. The system they dream of would produce staggering inequalities, far more severe than the disparities that already exist today. Wealthy and upper-middle-class families would have their pick of schools, while those with far fewer resources — disproportionately families of color — might struggle to pay to educate their children, leaving them with far fewer options or dependent on private charity. Instead of offering an improvement over underfunded schools, school choice might lead to something far worse.

As Maya Angelou wisely counseled in another context, “When people show you who they are, believe them the first time.” If we fail to recognize the right’s true end game for public education, it could soon be too late to reverse course.

Update: According to Future-Ed, citing pro-voucher EdChoice (which used to be the Milton and Rose Friedman Foundation), “Currently, 32 states provide an estimated $4 billion in subsidies to some 690,000 students through tuition vouchers, education savings accounts, and tax-credit scholarships.” Several Republican-led states are considering or have already universal vouchers, which would subsidize the tuition of all students in private schools, including the children of wealthy families. Currently, most students who use vouchers were already enrolled in private and religious schools. In one state alone, Florida, the added cost of vouchers might be as much as $4 billion a year, just for the children already in private schools.

Dr. Leslie Fenwick gave the Diane Silvers Ravitch Lecture at Wellesley College a few weeks ago. It was just posted online. Dr. Fenwick is the Dean Emeritus at Howard University. She began her career as a teacher. Among her current affiliations: the U.S. Military Academy at West Point, the National Museum of African American History at the Smithsonian, the American Association of Colleges of Teacher Education.

Dr. Fenwick spoke about the after-effects of the Brown decision on Black professionals. When Southern states were compelled to integrate, tens of thousands of Black teachers and principals were fired and replaced by white teachers and principals with lesser qualifications. She documents these events in her new book Jim Crow’s Pink Slip: The Untold Story of Black Principal and Teacher Leadership. It is really the “untold story of the disappearance of Black principals and teachers.”

Dr. Fenwick was the runner-up to Miguel Cardona in the Biden administration’s selection of Secretary of Education. She is a strong supporter of experienced teachers, experienced principals, and well-resourced public schools. She is critical of corporate reform. After watching this lecture, you should watch her dissect corporate reform in this one, “Looking Behind the Veil of School Reform.” It is the country’s loss not having her at the helm now, speaking out eloquently and forcefully against ignorance, bigotry and greed.

In a week or so, this lecture will be posted on the archive of online lectures at the college, including this lecture series, which has included internationally renowned scholars such as Pasi Sahlberg and Yong Zhao.

Today was a big day in the Florida legislature, where GOP legislators are busy banning and defunding whatever they don’t like. DEI is the WOKE enemy of the moment. Professors who teach about racism or sexism need not apply.

TALLAHASSEE — As Gov. Ron DeSantis and his allies target “woke” ideology, the Florida House on Wednesday gave final approval to a bill that includes preventing colleges and universities from spending money on diversity, equity and inclusion initiatives.

The bill (SB 266), which now will go to DeSantis, touched off a fierce debate about Florida’s higher-education system and campus speech.

“Diversity, equity and inclusion, like so many other terms adopted by the woke left, is being used as a club to silence things, to say that if you don’t agree with them, you are somehow racist or homophobic or whatever other word that you want to use to criticize people,” said Rep. Randy Fine, R-Brevard County. “The fact of the matter is these terms have been hijacked by those who want to use them to bully and use them to shut down debate, to actually do the opposite of what these words are supposed to do.”

But bill critics said diversity, equity and inclusion efforts are important and that the legislation will drive away top faculty members and students.

The New York Times reported that the College Board plans to revise its controversial AP African-American studies course. Last year, it was about to roll out a syllabus when a writer in The National Review said it was a radical Marxist course that would teach students to hate America. The state of Florida, under Governor DeSantis’ direction, negotiated with the College Board to remove topics and authors that it wanted removed. DeSantis announced that unless the course satisfied Florida, the state would ban it.

The College Board revised the course to satisfy Florida, and many schols of African-American studies objected.

Now the College Board says the course will be revised yet again, this time to satisfy the angry scholars.

The College Board said on Monday that it would revise its Advanced Placement African American studies course, less than three months after releasing it to a barrage of criticism from scholars, who accused the board of omitting key concepts and bending to political pressure from Gov. Ron DeSantis, who had said he would not approve the curriculum for use in Florida.

While written in couched terms, the College Board’s statement appeared to acknowledge that in its quest to offer the course to as many students as possible — including those in conservative states — it watered down key concepts.

“In embarking on this effort, access was our driving principle — both access to a discipline that has not been widely available to high school students, and access for as many of those students as possible,” the College Board wrote on it website. “Regrettably, along the way those dual access goals have come into conflict.”

The board, which did not respond immediately to an interview request, said on its website that a course development committee and experts within the Advanced Placement staff would determine the changes “over the next few months.”

The College Board, a billion-dollar nonprofit that administers the SAT and A.P. courses, ran headlong into a conflict between two sides unlikely to find any room for compromise. Black studies scholars believe that concepts the board de-emphasized — like reparations, Black Lives Matter and intersectionality — are foundational to the college-level discipline of African American studies. Conservatives — politicians, activists and some parents — believe the field is an example of liberal orthodoxy, and they are concerned that schools have focused too much on issues such as racism and systemic oppression.

Stay tuned. If DeSantis boycotts the course, other red states will follow. Will the College Board stick with the scholars or the market?

Politico reported that rightwing cultural warriors lost most school board elections, despite their big-money backers. Voters in Illinois and Wisconsin were not swayed by fear-mongering about critical race theory, LGBT issues, and other spurious claims of the extremists. These results should encourage the Democratic Party to challenge the attacks on public schools in the 2024 elections. An aggressive defense of public schools is good politics.

Amid all the attention on this month’s elections in Wisconsin and Illinois, one outcome with major implications for 2024 flew under the national radar: School board candidates who ran culture-war campaigns flamed out.

Democrats and teachers’ unions boasted candidates they backed in Midwestern suburbs trounced their opponents in the once-sleepy races. The winning record, they said, was particularly noticeable in elections where conservative candidates emphasized agendas packed with race, gender identity and parental involvement in classrooms.

While there’s no official overall tally of school board results in states that held an array of elections on April 4, two conservative national education groups did not dispute that their candidates posted a losing record. Liberals are now making the case that their winning bids for school board seats in Illinois and Wisconsin show they can beat back Republican attacks on divisive education issues.

The results could also serve as a renewed warning to Republican presidential hopefuls like Donald Trump and Ron DeSantis: General election voters are less interested in crusades against critical race theory and transgender students than they are in funding schools and ensuring they are safe.

“Where culture war issues were being waged by some school board candidates, those issues fell flat with voters,” said Kim Anderson, executive director of the National Education Association labor union. “The takeaway for us is that parents and community members and voters want candidates who are focused on strengthening our public schools, not abandoning them.”

The results from the Milwaukee and Chicago areas are hardly the last word on the matter. Thousands more local school elections are set for later this year in some two dozen states. They are often low turnout, low profile, and officially nonpartisan affairs, and conservatives say they are competing aggressively.

“We lost more than we won” earlier this month, said Ryan Girdusky, founder of the conservative 1776 Project political action committee, which has ties to GOP megadonor and billionaire Richard Uihlein and endorsed an array of school board candidates this spring and during the 2022 midterms.

“But we didn’t lose everything. We didn’t get obliterated,” Girdusky told POLITICO of his group’s performance. “We still pulled our weight through, and we just have to keep on pushing forward on this.”

Labor groups and Democratic operatives are nevertheless flexing over the defeat of candidates they opposed during races that took place near Chicago, which received hundreds of thousands of dollars in support from state Democrats and the attention of Democratic Gov. JB Pritzker, and in Wisconsin. Conservative board hopefuls also saw mixed results in Missouri and Oklahoma.

Democrats hope the spring school election season validates their playbook: Coordinate with local party officials, educator unions and allied community members to identify and support candidates who wield an affirming pro-public education message — and depict competitors as hard-right extremists.

Yet despite victories in one reliably blue state and one notorious battleground, liberals are still confronting Republican momentum this year that could resemble November’s stalemated midterm results for schools and keep the state of education divided along partisan lines.

Conservative states are already carrying out sharp restrictions on classroom lessons, LGBTQ students, and library books. And they are beginning to refine their message to appeal to moderates.

Trump, DeSantis, former Vice President Mike Pence, former South Carolina Gov. Nikki Haley and other Republican presidential hopefuls are leaning on school-based wedge issues to court primary voters in a crowded White House campaign.

Open the link. The wedge issues are working against the Republicans. Most people know and like their tearchers and their public schools.