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The Koch brothers funded the Republican takeover of Wisconsin in 2010 and the election of Scott Walker as governor. Walker quickly cracked down on unions and stripped them of their rights. He pushed vouchers. He attacked Wisconsin’s great public university system. Meanwhile, the Republican legislature gerrymandered the state to guarantee control of the legislature. The state is evenly divided between Republicans and Democrats, but Republicans control both houses of the legislature.

That is why many observers considered the election of a new State Supreme Court to be the most important election in the nation. After the retirement of a Republican justice, the Court was split 3-3.

A liberal—Janet Protasiewicz—ran against a conservative—Dan Kelly. The liberal won. This means that the Court will have a Democratic majority.

The two biggest issues likely to be resolved by the Court are abortion rights and gerrymandering. The new Court now has the votes to restore abortion rights that were withdrawn by the U.S. Supreme Court in the Dobbs decision. It is likely that a lawsuit will challenge the deeply unfair gerrymandering of the state, and the new majority is sure to insist on a fair reapportionment.

A great day for democracy!

Heather Cox Richardson is a historian who writes on today’s issues with a critical lens. Here, she analyzes a very important election in Wisconsin that is key in reversing an unfairly gerrymandered state map and restoring abortion rights.

A key fight over democracy is currently taking place in Wisconsin. On April 4, voters in the state will choose a new judge for Wisconsin’s Supreme Court. That judge will determine the seven-person court’s majority, a majority that will either uphold or possibly strike down the state’s gerrymandered voting maps that are so heavily weighted toward Republicans as to make it virtually impossible for Democrats to win control of the legislature.

Political scientists judge Wisconsin to be the most gerrymandered state in the country. The state is divided pretty evenly between Democrats and Republicans, although the Democrats have won 13 of the past 16 statewide elections. But despite the state’s relatively even political split, the current district maps are so heavily tilted for Republicans that Democrats have to win the statewide vote by 12 points just to get a majority in the assembly: 50 of the 99 seats. Republicans, though, can win a majority with just 44% of the vote.

The process of changing Wisconsin into a stronghold of Republican power began in the 2010 elections, when Republicans launched Operation REDMAP to take over state legislatures before the redistricting process based on the 2010 census began. That year, the billionaire brothers Charles G. and David H. Koch pumped money into Wisconsin. Along with a strong talk radio media ecosystem, they helped to elect Governor Scott Walker to curb the power of public sector unions, which they blamed for what they considered excessive state spending.

The election of Governor Walker and a Republican legislature began the process of taking control of the state. Using granular voting data and sophisticated mapping software, the Republicans gerrymandered the state so severely that they retained control of the assembly going forward even though Democrats won significantly more votes.

As Ari Berman explained in Mother Jones, Republicans used that power to take away the bargaining rights of public sector unions in order to defund and demoralize one of the Democratic Party’s core constituencies. Berman quotes right-wing strategist Grover Norquist, who wrote that the Wisconsin policies were a national model. “If Act 10 is enacted in a dozen more states, the modern Democratic Party will cease to be a competitive power in American politics…. It’s that big a deal.” The assembly also passed at least 33 new laws during the Walker years to change election procedures and make it harder to vote.

When Democrat Tony Evers won election as governor in 2018, Democrats won all four statewide races. They also won 53% of the votes for state assembly—203,000 more votes than the Republicans did—but because of gerrymandering, the Democrats got just 36% of the seats in the legislature. The Republicans there immediately held a lame duck session and stripped powers from Evers and Democratic attorney general Josh Kaul. Then they passed new laws to restrict voting rights. The legislature went on to block Evers’s appointees and block his legislative priorities, like healthcare, schools, and roads.

Polls showed that voters opposed the lame duck session by a margin of almost 2 to 1, and by 2020, 82% of Wisconsin voters had passed referenda calling for fair district maps.

But when it came time to redistrict after the 2020 census, the Republican-dominated legislature carved up the state into an even more pro-Republican map than it had put into place before. Ultimately, the new maps gave Republicans 63 out of 99 seats in the assembly and 22 out of 23 in the state senate. They came within two assembly seats of having a supermajority that would enable them to override any vetoes by the governor, essentially nullifying him, although Evers had been reelected by 53.5% of the vote (a large margin for Wisconsin).

With gerrymandered districts virtually guaranteeing their reelection, Republicans are insulated from popular opinion. In the 2021–2022 session, they ignored the governor, refusing to confirm Evers’s appointees and going nearly 300 days without passing a single bill. They also ignored popular measures, refusing to let 98% of Democratic bills even be heard and refusing to address gun safety issues—although 81% of Wisconsinites wanted background checks for gun sales—or abortion rights, even though 83% of Wisconsin residents wanted at least some abortion rights protected after the Supreme Court’s overturning of Roe v. Wade last June put back into effect a law from 1849.

This radicalized Wisconsin assembly also mattered nationally when it became a centerpiece of Trump’s attempt to overturn the 2020 presidential election. Nearly 75% of the Republicans in it worked to cast doubt on that election. After an audit turned up “absolutely no evidence of election fraud”—according to a Wisconsin judge—they tried to take control of elections away from a bipartisan commission and turn it over to the legislature they control. Senator Ron Johnson led the effort, calling for Republicans to take control of the elections because, he said, Democrats can’t be expected to “follow the rules.” In the 2022 election, the Trump-endorsed Republican candidate for governor, Tim Michels, promised, “Republicans will never lose another election in Wisconsin after I’m elected governor.”

Their effort failed only because they fell two seats shy of the supermajority they needed.

By shaping the state maps and limiting the power of Democratic constituencies, Republicans have also taken control of the state supreme court, which sides with the Republican lawmakers’ attempts to cement their own power. Now voters have the chance to shift the makeup of that court. Doing so would make it possible that new challenges to the gerrymandered maps would succeed, returning fairness to the electoral system.

Wisconsin journalist Dan Shafer, who writes The Recombobulation Area, is following the race closely. His coverage reveals how the candidates’ framing of the election mirrors a larger debate about democracy. Theoretically, the election is nonpartisan, but Republicans paid former state supreme court justice Dan Kelly $120,000 to consult on Trump’s false elector scheme to overturn the 2020 presidential election, and he was on the payroll of the Republican National Committee until last December. In 2012 he defended the Republicans’ gerrymandered maps in court.

For her part, Milwaukee County judge Janet Protasiewicz has made it clear she opposes the gerrymandered maps. “Let’s be clear here: The maps are rigged. Absolutely positively rigged,” she said in a candidates’ forum in January. “They do not reflect the people in the state. They do not reflect accurate representation, either in the State Assembly or the State Senate. They are rigged, period. I don’t think it would sell to any reasonable person that the maps are fair.”

Shafer notes that supreme court terms are for ten years, so if the court does not shift in this election, it, along with the gerrymandered maps, will remain in place “for the foreseeable future.” The race ultimately comes down to checks and balances, he says. The court has not checked the legislature, which has entrenched one-party rule in Wisconsin.

“This isn’t to say the maps should be redrawn to instead benefit Democrats,” Shafer continues. “Far from it. It’s about fairness. Some years Democrats will win a majority, other years Republicans will win a majority. If one party isn’t doing their job, voters should be able to do something about it. It’s about crafting a system that reflects the people of Wisconsin and can be responsive to the state’s voters. We don’t have that right now. And that has to be the goal.”

Notes:

The Recombobulation Area

Wisconsin is the most gerrymandered state in the country. The race for Wisconsin Supreme Court could change that. 

The Recombobulation Area is a six-time TEN-TIME Milwaukee Press Club award-winning weekly opinion column and online publication written and published by veteran Milwaukee journalist Dan Shafer. Learn more about it here…

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12 days ago · 13 likes · Dan Shafer

The Recombobulation Area

The race for Wisconsin Supreme Court kicks into gear at WisPolitics forum

The Recombobulation Area is a six-time Milwaukee Press Club award-winning weekly opinion column and online publication written and published by veteran Milwaukee journalist Dan Shafer. Learn more about it here…

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3 months ago · 5 likes · 3 comments · Dan Shafer

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The Mississippi Free Press reported recently on a failed effort in Mississippi to restore the public’s right to initiate and vote on statewide referenda.

Mississippi citizens will not be able to organize and vote on issues using ballot initiatives again any time soon after a Mississippi Senate leader allowed legislation that would have revived the option to die on calendar due to multiple concerns—including his fear that voters could use an initiative to repeal the state’s “right-to-work” law, which severely limits labor union organizing in the state.

The Mississippi Supreme Court nullified the ballot initiative process in a 2021 ruling that also killed a voter-approved medical marijuana law. Senate Concurrent Resolution 533, which lawmakers in the upper chamber passed on Feb. 9, would have restored a more limited version of the ballot initiative process.

The House made substantial modifications to the Senate’s bill, though, including removing a provision that said voters would not be able to “amend or repeal the constitutional guarantee that the right of any person to work shall not be denied or abridged on account of membership or nonmembership in any labor union or organization.” They also inserted a prohibition on using ballot initiatives to amend Mississippi’s highly restrictive abortion laws, which polls show most voters oppose.

After the House made its changes, Mississippi Senate Accountability, Efficiency, Transparency Committee Chairman John A. Polk could have sent the bill back to the Senate floor for concurrence or he could have called for a conference between the two chambers to iron out their differences. Instead, the Hattiesburg Republican allowed it to die on deadline Thursday.

Polk told the Mississippi Free Press he did not see a path to an agreement.

“We were so far apart. I don’t think there was any way we would ever get an agreement in conference,” the senator said.

The chairman said it “was disturbing to me” that House lawmakers removed language from the bill that would have prohibited voters from altering Mississippi’s right-to-work law.

“They took that out of the bill we sent, and that was disturbing to me because I’m not sure why they did it,” he said. “Mississippi needs and should be a right-to-work state.”

While supporters of right-to-work laws say they increase worker freedom by banning union membership requirements as a condition of employment, opponents argue that such laws lower wages and weaken worker protections by curtailing the ability of labor unions to organize.

Open the link and read the rest of the story.

Democracy is not alive and well in a state that refuses to acknowledge the will of the people but prefers to limit the voice of the public by gerrymandering control of the legislature.

Glenn Sacks teaches social studies at James Monroe High School in the Los Angeles Unified School District. He is one of the UTLA (United Teachers of Los Angeles) representatives for his school and also a strike captain in both 2019 and 2023. I was pleased to join the 2019 strike and walk the picket line with UTLA. Wish I could have been in L.A. for this one too.

The public schools of Los Angeles were closed this past week by a three-day strike, led by the low-wage staff represented by SEIU 99—about 30,000 workers, including bus drivers, teacher aides, custodians, cafeteria workers, gardeners, and special education assistants. The UTLA struck in support of the SEIU; UTLA’s 35,000 members include teachers, counselors, therapists, nurses and librarians.

A tentative settlement was reached after Mayor Karen Bass intervened to mediate. The SEIU was seeking a 30% wage increase, and they won it. The agreement must be approved by the membership.

Glenn Sacks reported the unions’ victory directly to me:

Friday afternoon SEIU and LAUSD reached an agreement which addresses SEIU’s central demands. The agreement includes:

• a 30% wage increase

• Retroactive pay of $4000-$8000, depending on job classification, including a $1000 bonus for all
• Increase to average annual salary from $25,000 to $33,000
• 7 hours of work guaranteed for Special Education Assistants
• Fully paid health care benefits, including family coverage, for Teacher Assistants, Community Representatives, After School Program Workers and others)

The average pay for SEIU workers went from $15.00 an hour to $22.52 an hour.

As the UTLA often says: “When we fight, we win.”

Sacks wrote this article for FOX News. Good for him for getting published in a place usually dominated by anti-union views!

I don’t blame our bosses for being surprised.

For decades Los Angeles Unified School District’s workforce has been divided into eight different unions. Our contracts expire at different times and labor law often ties our hands, so LAUSD plays us off against each other, to the detriment of all employees.

Service Employees International Union Local 99 represents 30,000 LAUSD bus drivers, teaching assistants, maintenance workers and cafeteria staff. Recently SEIU announced a three-day “Unfair Practice Charge” strike based on its well-founded accusations that LAUSD’s mistreatment of SEIU workers violates California labor law.

LAUSD probably expected that with teachers coming in to work, along with personnel brought in from LAUSD headquarters on an emergency basis, they could roll right over SEIU, as school districts often do to campus workers in similar situations.

Except this week, Los Angeles teachers said “No.”

Over half of LAUSD’s SEIU workers have children in LAUSD. Many of our students have aunts, uncles, grandparents, cousins and older siblings who work at LAUSD.

There is only one way UTLA educators could keep faith with our students, their families and the workers whose labor enables us to educate our students — by honoring SEIU’s picket lines.

Our sympathy strike (aka “solidarity strike”) is very much in line with the traditions of American labor. American labor unions were built through labor solidarity, and in recent decades, unions have been undermined because union leaders have abjured sympathy strikes.

On this issue, recently one publication often critical of teachers unions unwittingly paid UTLA a complement:

“State law allows one bargaining unit to go on a sympathy strike with another union, but
Bradley Marianno, an assistant education professor at the University of Nevada, Las Vegas, said it’s ‘highly unusual,’ for a teachers union to join a walkout with non-teaching employees.

“‘They may issue statements of support, but to join in strike is a different, and relatively rare, matter.’”

SEIU has historically been a much weaker union than UTLA. Their membership is divided into many different job classifications, they are often on campus at different times, and their heavily minority, immigrant and female membership is at a much lower socioeconomic level.

Despite this, SEIU’s performance this week was remarkably strong, reflecting the raw anger of its members over low wages and LAUSD abuses, which were well-documented by the national media this week.

UTLA has its own contract battle with LAUSD, but its robust showing this week also reflects our sympathy for our SEIU colleagues and the fact that UTLA has become a strong, disciplined labor union.

LAUSD Superintendent Alberto Carvalho has found himself increasingly isolated, as many key players in Los Angeles education, including Austin Beutner, LAUSD superintendent from 2018 to 2021, school board Member Kelly Gonez, who served as president of the LAUSD Board of Education from 2020 until earlier this year, and LAUSD school board President Jackie Goldberg have all made statements undermining Carvalho in his battle against SEIU.

Earlier this week dozens of CA Legislators signed a letter backing SEIU, telling Carvalho to “resolve this.”

As in 2019, many of LAUSD’s own school administrators made it clear their hearts aren’t in this battle either, with some walking early morning picket lines with us or bringing us coffee and donuts.

Carvalho, humbled by the firestorm he foolishly ignited, has pivoted, shifting from stonewalling and even mocking SEIU workers towards a humble, “I feel your pain” posture.

Some of our critics claim our strike hurts our students, yet meeting SEIU demands will improve our schools.

To pick one example among many, each day special education students are deprived of two hours of their special education assistants’ time. Why?

LAUSD keeps these paraprofessionals at only six hours a day, so they won’t be considered full-time employees. This petty chiseling at the expense of our students typifies the way LAUSD mistreats its SEIU employees.

Other critics assert that parents have turned against teachers unions. These people are kidding themselves.

Polls show LAUSD parents support educators. A Loyola Marymount University poll taken earlier this year asked “LAUSD teachers requested an increase in salary. If labor negotiations cannot reach an agreement, would you support or oppose LAUSD teachers going on strike to meet their demands?”

Among those living within LAUSD’s boundaries, 76% supported teachers. Among those aged 18-29 — people who most likely attended LAUSD schools not long ago — 88% supported teachers.

Moreover, throughout this week of picket lines and massive rallies, the public showed they were behind us with continual honking horns, raised fists and shouts of approval.

As we walk to and from rallies in our union colors, we’ve had truck drivers and firefighters walk up to us, pat us on the back, and tell us, “Good luck.”

Leaving one rally a construction worker walked up to me, shook my hand, and said, “Give ’em hell!”

We did.

Josh Cowen is a Professor of Educational Policy at Michigan State University. He has spent many years as a voucher researcher and recently concluded that vouchers are a failed experiment, based on a multitude of research studies.

As soon as anyone becomes a critic of charter schools or vouchers, the choice lobby attacks them and claims they are paid by the teachers’ unions. I know this from personal experience. A few years ago, a choice lobbyist accused me of taking union money to buy the house I lived in; I assured her that I paid for my home all by myself.

Funny that the shrill well-paid lobbyists act as though unions are criminal enterprises, when in reality they have historically enabled poor and working class people to gain a foothold in the middle class, to have job security, health benefits, and a pension. They also give public schools a voice at the table when governors propose larger classes, lower standards for new teachers, or decreased funding for schools. I believe we need unions now, more than ever. Whenever I hear of a charter school unionizing or of workers in Starbucks or some other big chain forming a union, it makes my day.

Josh Cowen has undoubtedly been subject to the same baseless criticism from the same union-haters whose salaries are paid by plutocrats. He shares his thoughts here about teachers’ unions.

Here in Michigan, the Democratic legislature just re-affirmed our state’s longstanding commitment to working families by removing anti-labor provisions from state law. The move doesn’t apply to teachers and other public employees, because the conservative U.S. Supreme Court sided a few years back with Right-wing activists in their efforts to hinder contributions to public sector unions, but it’s still good news for the labor movement overall.

And I wanted to use their effort—alongside Republican efforts in other states to threaten teachers for what they say in classrooms—to make a simple point.

We need teachers unions. Other folks more prominent than me, like AFT’s Randi Weingarten, have made this point recently too. But I wanted to add my own voice as someone who has not been a union member, and someone who—although I’ve appeared with Randi on her podcast and count many union members as friends—has never been an employee or even a consultant.

If you want to talk dollars, The Walton Family Foundation once supported my research on charter schools to the tune of more than $300,000. Arnold Ventures supported my fundraising for a research center at Michigan State–$1.9 million from them. And the US Department of Education awarded my team more than $2 million to study school choice—while Betsy DeVos was secretary.

Think about that when I say school vouchers are horrific. And understand, I’m getting no support from teachers’ unions.

Instead it is I who supports them.

I’ve been studying teacher labor markets almost as long as school vouchers. Mostly my research has looked at teacher recruitment and retention. But I’ve also written about teachers’unions specifically. There’s a debate among scholars on what unions do and whether their emphasis on spending translates into test score differences. In the “rent seeking” framework economists use, the concern is that dollars spent on salaries don’t have direct academic payoffs.

There is no question that spending more money on public schools has sustained and generational impacts on kids. Research has “essentially settled” that debate, according to today’s leading expert on the topic.

But I want to branch out from dollars and cents and test scores to talk about teacher voice.

And I want to do that by raising a few questions that I’ve asked myself over the last couple years:

Why should the voice of a billionaire heiress from Michigan with no experience in public schools count for more than the voices of 100,000 teachers in my state’s classrooms every day?

Why should the simple fact that they work with children made by other people mean that teachers surrender their own autonomy and judgment not just as professionals but as human beings?

Why should educators have to work under what amounts to gag orders, afraid to broach certain topics or issues in the classroom? Some states are setting up hotlines to report on teachers as if they’re parolees, and a bill in New Hampshire would essentially give the fringe-Right Secretary of Education subpoena power to haul teachers in front of a special tribunal for teaching “divisive concepts.” This, after a Moms for Liberty chapter put out a bounty on New Hampshire teachers who were likewise divisive on an issue. Read: an issue of race or gender.

It’s not just threats to teacher employment. We know this. There are threats to teachers’ lives. How many teachers have died alongside their students—other people’s children—over the years in school shootings?

Why does the Right claim to trust teachers enough to arm them with guns in response to those shootings, but not enough to let them talk about race, gender, or any other “divisive concept?” Even some conservative commentators have worried publicly that we’re asking teachers to do too much. Why are we asking them to be an armed security force too?

‘In her recent history of “The Teacher Wars”, The New York Times’ Dana Goldstein noted that teachers formed unions, and fought for teacher tenure, to protect themselves not just professionally but personally. For free speech. To prevent harassment from supervisors—then as now, teachers were mostly professional women—and to keep from being fired for pregnancy or marital status.

So really, attacks on teachers are nothing new. Instead, teachers seem to be one of the few professions that it’s still acceptable in political conversation—even a mark of supposed intellectual sophistication in some circles—to ponder the shortcomings of the educators who work with our kids every day.

There’s nothing sophisticated about attacking hardworking, thoughtful, and dedicated people. And the only result of doing so will be the further erosion of our public, community schools. And that’s really the point. Just a few days ago, we learned that the big data that I and many others have gotten used to working with finally caught up to the on-the-frontlines warnings of educators everywhere: teachers are exiting the profession at unprecedented rates.

I’ve taken no money from teachers’ unions for any of the work I do. I’ve never been a member of a union—teachers’ or otherwise. Until now. Because after writing this today, I made a donation to my state’s primary teachers’ union and became a general member: a person “interested in advancing the cause of education…not eligible for other categories of membership.”

There’s a word for that in the labor movement. You hear it a lot here in Michigan, where I grew up and now teach future teachers in a college of education. That word is Solidarity.

Sign me up.

The 74 Million—a news site funded by charter supporters and billionaires—reports that Rep. Hakeem Jeffries will downplay his support for charter schools now that he is Minority Leader of House Democrats. Charters have lost ground among Democrats, and Jeffries wants to unite the party. Importantly, he doesn’t want to alienate the teachers’ unions, which are an important part of the Democratic Party’s base.

Most Democratic members of Congress realized that charters were a step towards vouchers, and that both were deeply embedded in the Trump MAGA agenda.

For a time, during the Obama years, Obama and his Secretary of Education Arne Duncan sold charters as a “progressive” idea that would nurture innovation. After thirty years, the charter claims dimmed. Too many scandals, too little innovation. Too many charter chains making profits or paying outlandish salaries. Too many charters that opened and closed within three years. Too many charters that believed harsh discipline was “innovative.”

The charter lobby considered Hakeem Jeffries one of its best friends, but that was before Trump chose Betsy DeVos as Secretary of Education. She was an outspoken friend of School choice, including charter schools. In recent years, red states have embraced charters and vouchers in their frenzy to privatize public schools and transfer public funding to private organizations.

Now, it’s clear to most Democrats that Republicans own the issue of charters and vouchers, not Democrats.

When Biden’s Secretary of Education Miguel Cardona proposed modest rules to clean up the federal Charter Schools Program, which hands out $440 million a year to start new charter schools, the charter lobby made wild claims about how any accountability would irreparably harm new charters, but Democrats didn’t go along. The usual charter supporters in the Senate—Booker, Bennett, and Feinstein—complained about the new rules, but when the Senate voted on a motion to overturn them, not a single Democrat voted for the motion.

Today, the strongest allies of charter schools in Congress are conservative Republicans, like Virginia Foxx (NC), chair of the House Education Committee.

Here is the most important election of 2023: Control of the Wisconsin Supreme Court. The election is April 4, 2023.

The current Court is 4-3, with a Republican majority. A win by Democrats will reverse the balance and be crucial on issues of abortion, gerrymandering, and schools. It is also a chance to reverse the damage done by Republican Scott Walker.

Charlie Sykes writes in The Bulwark, a site established by Never-Trumpers:

The election that the media has dubbed “the most important election nobody’s ever heard of,” is just weeks away, and has already drawn international attention.

The “Stakes are monstrous,” declared Britain’s Guardian. “Wisconsin judicial race is 2023’s key election.”

Voting is under way in an under-the-radar race that could wind up being the most important election in America this year.

The NYT headlined: “2023’s Biggest, Most Unusual Race Centers on Abortion and Democracy.” Within weeks, the Times reported, “Wisconsin will hold an election that carries bigger policy stakes than any other contest in America in 2023.”

The state’s high court now has a 4-3 conservative majority, but one of the conservative members is retiring, which has created an opening for progressives to flip the high court for the first time in decades.

And everything is on the line: from Act 10, which limited public employee collective bargaining rights, to gerrymandering, abortion, and the way presidential elections are decided.

“If you change control of the Supreme Court from relatively conservative to fairly liberal, that will be a big, big change and that would last for quite a while,” said David T. Prosser Jr., a conservative former justice who retired from the court in 2016.

The contest will almost certainly shatter spending records for a judicial election in any state, and could even double the current most expensive race. Wisconsinites are set to be inundated by a barrage of advertising, turning a typically sleepy spring election into the latest marker in the state’s nonstop political season.

The Wapo reports that the election “will have sweeping consequences, as the court in the coming years is likely to decide whether to uphold the state’s near-total ban on abortion. It also could wade into disputes over gerrymandering and the outcome of the next presidential election.”

The Bulwark’s headline also captured the stakes “Wisconsin Supreme Court Race a Test for Democracy.”

On paper, the contest is non-partisan, but nobody even bothers to pretend anymore. Next Tuesday’s free-for-all primary includes four candidates: two progressives: Janet Protasiewicz and Everett Mitchell; and two conservatives: Dan Kelly and Jennifer Dorow.

The conventional wisdom (which is likely correct) is that the primary will set up a contest between left and right. The same conventional wisdom (on both sides of aisle) thinks that Protasiewicz is the strongest progressive candidate, while Dorow — who achieved a sort of media stardom for presiding over a high-profile criminal case — is the most electable conservative. Kelly, who was named to the Court by former Governor Scott Walker at the urging of the Federalist Society, has already lost a statewide election — a rare defeat for an incumbent justice.

**

But now we get to the strangest twist in this high-stakes story: After decades of ignoring or downplaying crucial judicial elections like this one, Democrats and their allies are very much focused on the Wisconsin contest.

Meanwhile, Wisconsin conservatives have chosen this moment to crack up.

While progressive dollars pour into the state, Republicans have launched a bitter, high-stakes, and often quite personal, civil war that seems designed to take out the candidate who may give them the best chance to hold onto control of the state’s high court…

To finish the article, subscribe to The Bulwark.

We are living in a perilous that demonstrates the need for tenure and unions. With so many astroturf parent groups making spurious charges against public schools and their teachers, who will dare to stand up to bullies? In New Hampshire, it’s the president of the state AFTDeb Howes.

Contact:
Deb Howes
president@aft-nh.org
603-930-9248


AFT-NH Statement on Bill on ‘Obscene Materials’ in K-12 and Higher Education Classes, Public Libraries

CONCORD, N.H.—The following is a statement from AFT-New Hampshire President Deb Howes on HB 514, a bill to provide a procedure for people to complain about so-called obscene materials in K-12 and higher education classes and public libraries but that does not even clearly define what would be considered obscene:

“For all intents and purposes, this legislation about the dissemination of obscene materials is a book ban bill. Incredibly, the bill’s sponsors don’t even have the guts to clearly define what would be considered obscene, so it’s really meant to intimidate teachers and deprive students—both school-aged and adults—of books that one person who files a complaint deems objectionable. It practically begs parents or guardians to complain about a particular book to their local school board in the case of public schools, opening the way to a chaotic free-for-all. For public universities, public libraries and museums, it adds the Department of Education to the agencies that can initiate legal hearings to find material ‘obscene’ after receiving anonymous citizen complaints. Higher education faculty actually could be arrested, charged and indicted if they are found to be using a book that is judged to be obscene, whatever that means.

“This is disgusting and meant to censor students’ education and deprive them of quality books. Book bans have no place in New Hampshire K-12, public libraries or higher education classes. We will fight vigorously to ensure that our students have the books they need to receive a well-rounded, honest education. We also will stand firm for the right to access the whole world of ideas through public libraries and universities.”

# # #

Jan Resseger looks behind the daily news and ties together fast-moving events in the red states. The sudden proliferation of voucher programs is no accident, she writes, nor is it a response to public demands. It is a carefully crafted, well-funded strategy to defund public schools, to smash teachers’ unions, and to implement a rightwing ideology that does not benefit students or improve education.

She writes:

This week in Iowa, Governor Kim Reynolds signed an Education Savings Account, universal voucher program into law. And last week in Utah, the same kind of voucher plan took the first step toward adoption when it was passed by Utah’s House of Representatives.

The Des Moines Register reports on Iowa’s new vouchers. The program will “phase in over three years and eventually allow all Iowa families to use up to $7,598 a year in an ‘education savings account’ for private school tuition. If any money is left over after tuition and fees, families could use the funds for specific educational expenses, including textbooks, tutoring, standardized testing fees, online education programs and vocational and life skills training. The $7,598 per private school student is the same amount of funding the state provides to public school students and is expected to rise in future years… The bill allows the Iowa Department of Education to contract with a third party to administer the education savings accounts, but the state has not yet issued a request for proposals from companies seeking to manage the funds.”

It would appear that the Iowa Legislature tried to calm the fears of the public school community by promising that, “Public school districts would also receive an additional $1,205 in funding for students receiving education savings accounts who live within the public school district’s boundaries.” But despite that promise, a drop in overall public school funding is expected: “By the fourth year, the (Legislative Services) agency estimates public school districts will receive $49.8 million in new per-student funds for private school students within the public district’s boundaries. The agency also expects a net decrease of $46 million in public school funding as a result of more students attending private schools.”

It is hard to keep track of all the states that now have school vouchers or are considering voucher programs and to know which states have the latest flavor of vouchers—Education Savings Accounts (ESAs). Most ESA programs, unlike Iowa’s, don’t even require that families use the vouchers at private schools. In most places, ESA’s can be used for educational programs, for educational tools and materials like books and computers, and for homeschooling. In some states families can use the money for so-called micro-schools in which families come together and hire a teacher to work with children in someone’s home.

Why is there so much so much legislative activity about expanding vouchers? Several factors are important to consider, and many of them were the subject of economist Gordon Lafer’s analysis in The One-Percent Solution. Lafer’s book focused on the public policy that flowed from state legislatures after the Tea Party wave election in 2010, but his observations are still on point as we begin 2023. Lafer enumerates all the reasons why far-right ideologues and big corporate moneyed interests seek to undermine and privatize public schools: “At first glance, it may seem odd that corporate lobbies such as the Chamber of Commerce, National Federation for Independent Business, or Americans for Prosperity would care to get involved in an issue as far removed from commercial activity as school reform. In fact, they have each made this a top legislative priority… The campaign to transform public education brings together multiple strands of the agenda… The teachers’ union is the single biggest labor organization in most states—thus for both anti-union ideologues and Republican strategists, undermining teachers’ unions is of central importance. Education is one of the largest components of public budgets, and in many communities the school system is the single largest employer—thus the goals of cutting budgets, enabling new tax cuts for the wealthy, shrinking the government, and lowering wage and benefit standards in the public sector all coalesce around the school system… There are always firms that aim to profit from the privatization of public services, but the sums involved in K-12 education are an order of magnitude larger than any other service, and have generated an intensity of corporate legislative engagement unmatched by any other branch of government. Finally, the notion that one’s kids have a right to a decent education represents the most substantive right to which Americans believe we are entitled, simply by dint of residence… (F)or those interested in lowering citizens’ expectations of what we have a right to demand from government, there is no more central fight than around public education. In all these ways, then, school reform presents something like the perfect crystallization of the corporate legislative agenda.” (The One-Percent Solution, pp 128-129)

It is hard for public school advocates to mobilize nationally against the expansion of vouchers. Voucher battles are fought state by state because public education and the funding of public education is a state-by-state issue. Advocates are likely to focus on public education legislation in their own state and not to pay attention to what’s happening elsewhere. And citizens are not likely to pay much attention to what is happening in the legislature. Once again, Gordon Lafer identifies the problem: “(M)any of the factors that strengthen corporate political influence are magnified in the states. First, far fewer people pay attention to state government, implying wider latitude for well-funded organized interests… Apart from labor unions and a handful of progressive activists, the corporate agenda… encounters little public resistance at the state level because hardly anyone knows about or understands the issues… So, too, corporate lobbies’ financial advantage is magnified in the states. Citizens United marked a sea change in state as well as federal politics.” (The One Percent Solution, pp. 34-36)

Christopher Lubienski, a professor of education policy at Indiana University who has studied the impact of school privatization and the politics around privatizing public schools, recently published a reminder that school privatization is driven by the power of the corporate agenda. Expansion of vouchers has never been an expression of voters’ overall preference: “School choice is continuing to expand across the United states…. But these successes often come in spite of overwhelming voter opposition to school choice programs… According to the pro-voucher organization EdChoice.org, the U.S. has over 75 publicly funded private school choice programs, including vouchers, and education savings accounts, as well as another 45 charter school programs. But all of these programs have been implemented by legislators, not the electorate… In fact, voters have been allowed to weigh in on school choice programs only nine times since 2000, and they almost always reject them, often by overwhelming margins. Only twice did school choice programs pass through the ballot box. In 2012, Georgia voters empowered their legislature with the ability to create charter schools. That same year… Washington voters passed a charter school referendum.”

Who are the far-right advocacy groups and think tanks powerfully promoting Education Savings Account vouchers? They include the usual suspects: the American Legislative Exchange Council and a state- by-state group of think tanks that are ALEC’s partners in the State Policy Network, EdChoice, the Goldwater Institute, the Heritage Foundation, and the Institute for Justice, which provides two model laws—“Education Savings Account Act: Publicly Funded,” and “Education Savings Account Act: Tax-Credit Funded“—so that state legislators can merely adapt a canned statute to their own state’s particular needs. SourceWatch reports corporate funding streams for these and other far-right think tanks that promote vouchers—funding from the Koch Brothers, the Bradley Foundation, and investments from the Donor’s Capital Fund, a powerful investor of corporate dark money since the 2010, U.S. Supreme Court ruling in Citizens United.

In the past two years, the campaign to undermine public schooling and promote the expansion of vouchers has developed a new strategy to convince parents that their children in public schools are being brainwashed by critical race theory and surrounded by discussion of gender and sexual orientation. In a new report published by the Network for Public Education this week, political scientist Maurice Cunningham traces the money behind what may appear to be a spontaneous emergence of parents’ groups—Parents Defending Education, Moms for Liberty, and No Left Turn in Education. Cunningham points to clues that these are not local grassroots groups of parents; their websites, for example, betray a big investment in communications. And while, for example, the founders of Parents Defending Education (PDE) claim to be a bunch of working moms, Cunningham explains: “PDE took in $3,178,272 in contributions and grants in 2021… Donor’s Trust, a dark money donor associated with the Koch network donated $20,250 to PDE in 2021. The Achelis & Bodman Foundation which funds voucher and charter school programs and targets public education, contributed $25,000. Searle Freedom Trust, another right-wing donor with ties to Donors Trust, contributed $250,000 in 2021. We don’t know all the names on the checks, but we do know that those checks had to be pretty large, that the attorneys and consultants sit at the hierarchy of right-wing operatives, and that the board members and staffers are connected to the highest levels of conservative donors including the Koch network.”

The same people who are promoting vouchers are working to scare parents with the huge, culture war campaign driven by identifiable funders and a mass of dark money supporting an education marketplace and undermining parents’ confidence in public schools. But as Christopher Lubienski, the scholar who has studied the effect of the privatization of public education reminds us, expanding vouchers has not improved the outcomes for our children: “(R)ecent research is repeatedly showing that… vouchers are not a good investment. Although publicly funded vouchers may be propping up some private schools that might otherwise go out of business, they are not really helping the people they purport to help. In fact… study after study shows that students using vouchers are falling behind where they would have been if they had remained in public schools. Thus, policymakers might think twice about defying voters on initiatives that actually cause harm to children.”

The political theorist Benjamin Barber warns that school choice does not really provide freedom for families: “We are seduced into thinking that the right to choose from a menu is the essence of liberty, but with respect to relevant outcomes the real power, and hence the real freedom, is in the determination of what is on the menu. The powerful are those who set the agenda, not those who choose from the alternatives it offers. We select menu items privately, but we can assure meaningful menu choices only through public decision-making.” (Consumed, p. 139)

KIPP leadership is not pleased by the efforts of KIPP teachers and other staff in Columbus who want to join a union. Major funders of KIPP, like the Walton Family Foundation, don’t like unions. Some of their teachers object to their “Union-busting” tactics.

Megan Henry of the Columbus Dispatch wrote this article, which was also published in USA Today.

The Ohio Federation of Teachers is accusing KIPP Columbus of using a “unionbusting persuasion campaign” as the charter school’s employees attempt to unionize.

The campaign has involved mandatory and voluntary meetings with “antiunion consultants” and a visit from KIPP’s new CEO Shavar Jeffries, according to OFT President Melissa Cropper.

“Public education funding should be used to educate Ohio students. It should not be used to persuade and intimidate workers who are exercising their legally protected right to organize a union,” Cropper said.

KIPP Columbus received at least $15 million in public funding for the 2021-22 school year, which represents the majority of its funding, union organizers said.

“It is incumbent on KIPP to spend that funding on education, not union-busting,” Cropper said. “If KIPP wants to claim that they are paying for their union-busting through a different source of funding, we feel that is essentially a shell game.”

Teachers, social workers, paraprofessionals, intervention specialists and student life coordinators from KIPP’s primary, elementary, middle and high school are attempting to organize as the KIPP Columbus Alliance for Charter Teachers and Staff (KIPP Columbus ACTS) through OFT.

“We believe that unfair labor practices have occurred, and we may file formal charges on that,” Cropper said. “Currently, we are calling on KIPP to do the right thing and allow their employees to have a secret ballot union election without intimidation and anti-union lobbying from management.”

The Dispatch asked KIPP Columbus officials to address the allegations of union-busting, but they didn’t respond to those specific questions in their written response.

“We are encouraging all of our colleagues to consider all relevant information – from multiple sources – about what it could mean to join a union and what the collective bargaining process entails,” KIPP Columbus said in a statement. “Many of our colleagues have asked questions about these topics, and we are working diligently to ensure that those questions are answered promptly.”

Zach Usmani, a social worker at KIPP elementary and a member of the organizing committee, said the anti-union consultants didn’t share their names during the two-hour meeting he was required to attend.

“It seems very strange that they don’t want to share any information,” Usmani said. “It makes me question what’s going on. People are now even more frustrated because they are getting pulled from their students to go to these meetings.”

Jeffries took over as KIPP’s CEO the first week of January and visited KIPP Columbus that same week, but staff questioned the purpose of his visit.

KIPP Columbus, which is part of a national network of college preparatory schools, has about 2,000 students.

“He used this platform to again push anti-union messaging on our staff,” Usmani said.

Jeffries is planning a tour of all KIPP regions and has already been to Atlanta, Boston, New York and Philadelphia, said KIPP Foundation spokesperson Maria Alcón-Heraux. He also plans to go to Washington, D.C. and New Orleans in the coming weeks, Alcón-Heraux said.

“Shavar Jeffries spoke to KIPP Columbus staff and students about his vision for more alignment across KIPP regions as we deliver educational excellence and equity at a nation-leading level,” Alcón-Heraux said of the visit here.

In December, KIPP Columbus charter schools administration declined to voluntarily recognize KIPP Columbus ACTS.

“While we respect our colleagues’ rights to join a union, we believe that our current model is the best way to create an innovative learning environment for students while supporting and empowering our valued teachers and staff,” KIPP Columbus said in a statement.

Seventy-eight percent of KIPP Columbus’ roughly 130-person staff signed union cards. Union cards were filed with the National Labor Relations Board on Nov. 15, but KIPP Columbus hired the Vorys legal firm, which filed a legal challenge with the NLRB on Nov. 16, which has delayed a secret-ballot union election. An NLRB election won’t be scheduled until the legal challenge is resolved, which could take months, Cropper said.

KIPP Columbus began in 2008 as KIPP Journey Academy with 50 students in the fifth grade at a former Columbus City Schools building in Linden and has since expanded to its present 150-acre campus at 2900 Inspire Drive on the city’s Northeast Side. That campus houses the KIPP Columbus Elementary, KIPP Columbus Primary, KIPP Columbus Middle, KIPP Columbus High, the KIPP Columbus Battelle Environmental Center, the KIPP Columbus Early Learning Center, and the KIPP Athletics & Wellness Complex.

KIPP teachers and staff are unionized at the nonprofit public charter school’s operations in New York City, Baltimore and St. Louis.

If the union is approved by KIPP Columbus’ educators, it would be the 10th charter school to join the OFT. The other OFT unionized charter schools in Ohio are in the Cleveland area: Stepstone Academy in Cleveland, Menlo Park Academy in Cleveland, three schools in the Summit Academy chain (Parma, Painesville and Lorain) and four schools in the ACCEL charter chain.

mhenry@dispatch.com @megankhenry