I discovered Lisa Gonzalez’s blog on Substack recently. It is called “Eleanor’s Squad.” I read this post, which originally appeared on November 11, Memorial Day, as a tribute to members of her family and other people of Hispanic origin who served our country with their heart and soul.

The big surprise in reading her post was learning that about 20% of our population is Hispanic. Most have citizenship, some don’t. ICE is arresting people because they have brown skin. Many are citizens and must suffer days of detention before they are released. Very likely, some are unjustly deported. No way that Stephen Miller and Kristi Noem will deport 20%. Not to mention the many other Americans who do not have white skins,

Gonzalez writes:

“For those that will fight for it… freedom has a flavor the protected shall never know.”
— Tim Craft, U.S. Marine Corps

I was born on the Fourth of July — fireworks overhead, and a tornado tearing through the edges of town. Maybe that’s why I carry the American spirit of both celebration and storm. And although I was born on the day this nation celebrates its freedom, my uncles and my cousin taught me what the word freedom really costs.

Four men—two Army soldiers, two Marines—each the sons or grandsons of a Puerto Rican foundry worker who came home every night with grease on his hands and pride in his posture. My grandfather never finished high school, but he was proud of his country and raised sons who served—earning medals, scars, and degrees without anyone handing them a thing. They served in Vietnam, in Germany, in Bosnia, in Iraq. They carried radios, rifles, and the weight of a flag that didn’t always claim them back.

One of them was shot up in the jungles of Vietnam and learned he had a newborn niece—me—from a telegram delivered as he was being flown to a hospital. He still carries the shrapnel, and the leukemia that came later from Agent Orange. The medals came too, but no medal will ever heal what he saw. They are proof that he bled when his country asked him to.

And yet, every one of them could be stopped for being brown or speaking Spanish and asked to prove their citizenship. That’s what it means to be a veteran of both war and bigotry: to have risked your life for a nation that still questions whether you belong in it.

And while their loyalty has never been in question on the battlefield, it’s still doubted in the streets and at the ballot box. That’s not only insulting—it’s mathematically absurd.

For the first time in American history, one in five people living in the United States identify as Latino. According to a 2024 study by the University of California, Los Angeles and California Lutheran University, our population has passed 68 million—two million more than just a year before. Latino labor now includes more than thirty-five million workers, growing more than seven times faster than the non-Latino labor force.

Together, our labor produces a $4.1 trillion GDP—large enough to rank as the world’s fifth-largest economy, larger than India’s. And yet, men like my uncles—who bled for this country—can still be told to “show their papers.”

What kind of nation demands proof from the very people who sustain it? What kind of nation questions the citizenship of those who keep it alive? What kind of patriotism forgets the hands that built the bridges fought its wars, and believed in its promise long after it stopped believing in them?

Economist Matthew Fienup, executive director of the Center for Economic Research and Forecasting at California Lutheran University, put it plainly: “Time and time again, we find that hard work, self-sufficiency, optimism, and perseverance are the characteristics that underlie the strength and resilience of U.S. Latinos.”

Because resilience is in our DNA.

What we have can’t be taught.

My family didn’t inherit America; they helped make it. And now the numbers finally tell the stories they always knew—and Stephen Miller wants you to forget: that Latino service, labor, and love of country are not exceptions—they are the backbone of the republic.

For at least three decades, the U.S. Census published the most popular surnames in America. The last list, released in 2010, showed us the truth they’re trying to bury:
Garcia. Rodriguez. Martinez. Hernandez. Lopez. Gonzalez.

Thirty percent of the nation’s top twenty surnames trace back to families who crossed oceans, borders, and language lines to build this country. And that’s just from 2010—because, for some reason, they decided not to publish the most popular surnames from 2020. That’s how truth gets contained so the lies are easier to spread (see author’s note).

And that last surname—Gonzalez—is ours.
It’s the name sewn onto uniforms and stitched into birth certificates; the name called out on roll calls and whispered in hospital rooms. It’s the name that’s been saluted, misspelled, profiled, and still carried with pride.

They’ve never needed to prove their loyalty. They’ve already lived the truth of a Marine’s words I once saw hanging on my uncle’s wall: “For those that will fight for it…freedom has a flavor the protected shall never know.”

That’s what my family understands—what so many Latino families understand—that freedom isn’t a speech; it’s a promise you keep even when the country doesn’t keep it for you.

They’ve paid for that promise in ways the record books don’t list. As boys, they learned what doors were for—sometimes to open, sometimes to close. White families smiled until the invitations reached their daughters; then the air shifted, polite and poisonous. They learned early that courtesy was armor, and excellence the stealthy weapon that left those who tried to thwart their progress in the dust.

Decades later, after wars and degrees and decorations, they have worked twice as hard to be called qualified. Men who have led troops into fire get reduced to talking points while those who cosplay as soldiers that never saw battle call themselves patriots and wrap themselves in excuses instead of service. They call veterans like my uncles DEI hires, as if discipline, intellect, and courage were diversity quotas. Their ignorance speaks volumes about who’s truly afraid of real merit.

And yet my family will keep showing up, still believing in a country that too often forgets them. Their endurance is not compliance; it’s faith in the possibility that the nation will one day live up to the flag they salute.

The uncle who came home from Vietnam carrying shrapnel and a telegram that said he had a niece was eventually blessed with a beautiful granddaughter—two firecrackers born decades apart who share the same birthday—they all share granddaughters joined by the same Spanish name, carrying the same pride and promise of what this country was meant to be.

They are proof that our story doesn’t end with propaganda, lies, or hatred. The promise lives on in the next generation—in children who instinctively understand that freedom and fairness mean the same thing. Now they carry our family name into classrooms and playgrounds where they will learn what it means to be both proud and careful. They may not know the weight of the history yet, but they feel its rhythm—the music of stubborn belonging that refuses to be silenced.

On Veterans Day, we hang flags and post photos, but the real observance happens in the quiet—in the lives still shaped by service and by the contradictions it exposes. It lives in the way my uncles still stand a little straighter when they hear the anthem, even as the country they defended still asks them to prove they belong. It lives in the children and grandchildren who bear their names and inherit both the pride and the vigilance that freedom demands.

Freedom isn’t fireworks; it’s endurance—the decision to keep showing up, to keep believing, to keep building the country that was promised. So on this Veterans Day, I honor them all: the men and women who valiantly served and fought the wars abroad, the children and grandchildren who carry their names forward, and the families who love this nation enough to tell the truth.
Freedom’s flavor runs in our blood now—salt, sweat, and faith—and with every July Fourth candle we blow out, we’re still making good on the promise they fought to defend.

Author’s Note

On November 11, 2025, while finalizing this piece, I personally watched two official U.S. Census Bureau pages vanish in real time—the main genealogy index for the 2010 “Frequently Occurring Surnames” report and its linked sub-page, as well as those for 2000, and 1990. One moment they were live; but after refreshing, they both returned a 404 error. As of this writing, the surname dataset no longer appears in the Census archive, and the 2020 update has never been released.

Before the links went dark, I saved the files and screenshots that show what those pages contained: the 2010 table listing Garcia, Rodriguez, Martinez, Hernandez, Lopez, and Gonzalez among America’s twenty most common surnames—each more than 90 percent Hispanic in origin.

Below is my downloaded copy of that list, saved before the disappearance. Here is the link that used to list them:

Original URL (now 404): https://www.census.gov/topics/population/genealogy/data/2010_surnames.html

Some truths deserve a backup—and screenshots.

Ismael Loera writes in The Fulcrum about the recent scandal at Success Academy, the celebrated charter chain that regularly posts high test scores. Recordings leaked, showing that the leadership required teachers and all other staff to contact legislators on behalf of charter schools.

To a seasoned New Yorker who follows the shenanigans at charter schools, this is no scandal. It’s simply the charter school way of doing business. Both students and staff are props for their political and financial interests. Loera lives in Boston, so she might not be accustomed to Success Academy’s tactics.

Success Academy has been systematic about mobilizing its teachers and its students to demand legislation to protest any restrictions and to oppose accountability. This not a New York City phenomenon. It’s the way that charters get a firm foothold in state legislatures.

The fact that Loera finds this blatant political activity disturbing seems to reflect a certain naïveté. The charter lobbyists in every state have worked as other lobbyists do: they write the legislation; they build in privileges and protections; they attack the motives of anyone demanding accountability. Eva Moskowitz has been more eative than most charter leaders in using students to pack legislative hearings, to take buses to the state Capitol, and to engage in activities to protect the charters’ interests.

Loera wrote:

When I was running a school, I knew that every hour of my team’s day mattered. A well-prepared lesson, a timely phone call home to a parent, or a few extra minutes spent helping a struggling student were the kinds of investments that added up to better outcomes for kids. 

That is why the leaked recording of Success Academy CEO Eva Moskowitz pressuring staff to lobby elected officials hit me so hard. In an audio first reported by Gothamist, she tells employees, “Every single one of you must make calls,” assigning quotas to contact lawmakers. On September 18th, the network of 59 schools canceled classes for its roughly 22,000 students to bring them to a political rally during the school day. What should have been time for teaching and learning became a political operation.

This is not simply about one leader’s poor judgment. It exposes a structural reality in the charter model. Unlike traditional public schools, charters must continually secure their share of taxpayer dollars, which creates pressures that blur the line between education and politics. Public money intended for classrooms can easily be redirected toward political activity.

Success Academy has a history of doing this, having mobilized staff and families for rallies during the early days of Mayor Bill de Blasio’s administration. More recently, charter leaders aimed pointed comments at Zohran Mamdani’s opposition to lifting the charter school cap in NYC beyond the current limit of 275, avoiding his name but making clear he was the target. That level of hostility toward an elected official’s policy stance edges close to electioneering and shows how charters use taxpayer resources and compromise public trust.

The pattern makes clear that this is not a one-time mistake but a recurring strategy. If a school cannot survive without turning its teachers and its students into a lobbying force, then it does not deserve to survive.

The costs of this pressure are real. Every hour assigned to calling legislators is an hour lost to lesson planning, supporting a struggling reader, or improving curriculum. Involving children in rallies goes even further, turning students into props for a cause they did not choose. Families send their children to school to learn, and taxpayers expect their dollars to fund classrooms, not political campaigns.

I know from personal experience how easily this kind of mission drift happens. As a charter school leader, I once sat through an anti-union presentation about blocking organizing. The tactic was different, but the impulse was the same: using institutional power to shape employees’ civic choices. Whether the issue is suppressing a union drive or directing staff to advocate for legislation, coercing political activity erodes trust and undermines the purpose of schools.

Charter networks have also invested heavily in professional lobbying. Families for Excellent Schools, a former NYC advocacy group for charters, once spent nearly $10 million on lobbying in a single year in New York. Success Academy itself reported $160,000 in federal lobbying in 2024. Those outlays are legal. But was Moskowitz trying to save money by conscripting educators and even students into the work that paid lobbyists usually do? That is legally questionable. The fact that someone on the inside took the risk to leak the recording shows some recognition of how inappropriate these practices were.

Lawmakers have already taken notice. State Senators John Liu and Shelley Mayer called the Moskowitz rally “an egregious misuse of instructional time and state funds” and urged a formal investigation

Publicly funded institutions should never compel political participation, and clear boundaries protect everyone. Leaders know their limits, employees know their rights, and families can trust that students will not be pulled into political theater.

Policy reforms can strengthen those boundaries. Oregon bars employers from disciplining workers who refuse to attend political or religious meetings, and Connecticut bans mandatory political meetings outright. New York should adopt similar protections and go further for publicly funded schools. Any requirement that employees engage in political lobbying during work hours or with public resources should be explicitly prohibited. Students should never be taken out of class to participate in political events.

Some will argue this is only one leader’s excess. That response ignores the incentives built into a model that ties school growth and charter renewal to political capital. Unless lawmakers act, the cycle will repeat. The safer and fairer path is to set boundaries that keep politics out of the school day, protect staff from coercion, and safeguard children’s learning.

When I left school leadership, a mentor told me, “The real test of a model is what it makes people do under pressure.” The Success Academy scandal is a test for the charter sector, and it’s failing. Institutions that rely on coerced speech to sustain themselves are not just bending rules; they are breaking faith with the families and taxpayers who fund them.

Ismael Loera is the Director of People and Culture at Room to Grow and a Paul and Daisy Soros and Public Voices Fellow with the OpEd Project.

Make no mistake. Trump is Putin’s ally. Putting Trump in charge of negotiations to end the war in Ukraine is akin to putting the fox in charge of guarding the henhouse. On more than one occasion, Trump has sent his emissaries to devise a “peace plan” without asking Ukraine or the representatives of Europe to participate in the discussions.

Trump campaigned by claiming that he could end the war in a single day. All that was required would be a phone call to his good friend Putin.

That hasn’t happened, but Trump continues to threaten to cut off all aid to Ukraine unless Zelensky capitulates to Putin’s demands. These demands would give Putin everything he wants.

Max Boot spelled out the situation in The Washington Post:

Russia’s barbaric assault on Ukraine continues: A single Russian drone and missile strike on an apartment block in western Ukraine last week killed at least 31 civilians. Meanwhile, Russia is ramping up its campaign of sabotage in Europe: Polish authorities blamed the Kremlin for a Nov. 15 explosion on a rail line used to transport supplies to Ukraine. As German Chancellor Friedrich Merz said recently, Europe “is not at war” but it is also “no longer at peace” with Russia.

The growing threat from Vladimir Putin’s despotic, expansionist regime calls for Churchillian resolution, unity and strength on the part of the transatlantic alliance. Instead, Neville Chamberlain-style irresolution and confusion reigns on both sides of the Atlantic. The situation is far more concerning in the United States than in Europe, with the Trump administration having seemingly endorsed, at least for now, a “peace plan” that would give Russia a victory at the negotiating table that it hasn’t earned on the battlefield.

The Europeans have stepped up, providing weapons and funding to Ukraine as U.S. support has dried up. The European Union has a plan to do even more by sending Kyiv some $200 billionin frozen Russian assets as a “loan” that would likely never be repaid. Obviously, given the current corruption scandal in Kyiv, safeguards on the disbursement of the money would be needed. But this is a vital — indeed, irreplaceable — source of funding that can keep Ukraine afloat for years. Yet tiny Belgium, where most of the funds are frozen, is wringing its hands and holding up the plan. There is no Plan B: Europe has to send the Russian funds or else Ukraine will run out of money. So why dither and delay?

As for the peace plan floated by the White House last week: The 28-point plan amounts to a holiday wish list from the Kremlin. It would require Ukraine to cede the entire Donbas region — even the parts that Russian troops have been unable to conquer — and to cut the size of its armed forces by roughly a third. Ukraine would not be allowed to join NATO, and NATO would not be allowed to dispatch peacekeeping troops to Ukraine. Ukraine would hold elections within 100 days and “all Nazi ideology” would be “prohibited”; this is Kremlin code for toppling the Zelensky government. Russia isn’t being asked to limit the size of its armed forces or to hold elections; all the demands are on Ukraine.

What does Ukraine get in return? A separate draft agreement specifies that in the event of renewed Russian aggression, the United States could respond with “armed force, intelligence and logistical assistance, economic and diplomatic actions.” But the U.S. wouldn’t be compelled to do anything. Ukraine would be left to rely on a worthless Russian pledge of “nonaggression” — something it already promised in the 1994 Budapest Memorandum.

This isn’t a peace plan. It’s a blueprint for Ukraine’s capitulation. If implemented, it would turn this pro-Western, democratic nation, which has been courageously resisting Russian aggression since 2014, into a Kremlin colony….

In the New York Times, Thomas Friedman was scathing in his view of the Trump-Putin “peace plan.”

He predicted that Trump would not get the Nobel Peace Prize, which he covets, but would certainly win the ““Neville Chamberlain Peace Prize” — awarded by history to the leader of the country that most flagrantly sells out its allies and its values to an aggressive dictator.”

He wrote:

This prize richly deserves to be shared by Trump’s many “secretaries of state” — Steve Witkoff, Marco Rubio and Dan Driscoll — who together negotiated the surrender of Ukraine to Vladimir Putin’s demands without consulting Ukraine or our European allies in advance — and then told Ukraine it had to accept the plan by Thanksgiving…

If Ukraine is, indeed, forced to surrender to the specific terms of this “deal” by then, Thanksgiving will no longer be an American holiday. It will become a Russian holiday. It will become a day of thanks that victory in Putin’s savage and misbegotten war against Ukraine’s people, which has been an utter failure — morally, militarily, diplomatically and economically — was delivered to Russia not by the superiority of its arms or the virtue of its claims, but by an American administration…

He was the British prime minister who advocated the policy of appeasement, which aimed to avoid war with Adolf Hitler’s Germany by giving in to his demands. This was concretized in the 1938 Munich Agreement, in which Chamberlain, along with others in Europe, allowed Germany to annex parts of Czechoslovakia. Chamberlain boasted it would secure “peace for our time.” A year later, Poland was invaded, starting World War II and leading to Chamberlain’s resignation — and his everlasting shame.

To all the gentlemen who delivered this turkey to Moscow, I can offer only one piece of advice: Be under no illusions. Neither Fox News nor the White House spokeswoman Karoline Leavitt will be writing the history of this deal. If you force it upon Ukraine as it is, every one of your names will live in infamy alongside that of Chamberlain, who is remembered today for only one thing:

This Trump plan, if implemented, will do the modern equivalent. By rewarding Putin’s unprovoked invasion of Ukraine based on his obsession with making it part of Mother Russia, the U.S. will be putting the whole European Union under Putin’s thumb. Trump’s message to our allies will be clear: Don’t provoke Putin, because as long as I am commander in chief, the United States will pay no price and we will bear no burden in the defense of your freedom.

Which is why, if this plan is forced on Ukraine as is, we will need to add a new verb to the diplomatic lexicon: “Trumped” — to be sold out by an American president, for reasons none of his citizens understand (but surely there are reasons). And history will never forget the men who did it — Donald Trump, Steve Witkoff, Marco Rubio, Dan Driscoll — for their shame will be everlasting.

As a Wall Street Journal editorial on Friday put it: “Mr. Trump may figure he can finally wash his hands of Ukraine if Europe and Ukraine reject his offer. He’s clearly sick of dealing with the war. But appeasing Mr. Putin would haunt the rest of his presidency. If Mr. Trump thinks American voters hate war, wait until he learns how much they hate dishonor. … A bad deal in Ukraine would broadcast to U.S. enemies that they can seize what they want with force or nuclear blackmail or by pressing on until America loses interest.”

Mind you, I am not at all against a negotiated solution. Indeed, from the beginning of this war I have made the point that it will end only with a “dirty deal.” But it cannot be a filthy deal, and the Trump plan is what history will call a filthy deal.

Even before you get to the key details, think of how absurd it is for Trump to strike a deal with Putin and not even include Ukraine and our European allies in the negotiations until they were virtually done. Trump then declared it must be accepted by Thursday, as if Ukraine’s president, Volodymyr Zelensky, who has a parliament that he needs to win acceptance from, could possibly do so by then, even if he wanted to.

As my Times colleague David Sanger observed in his analysis of the plan’s content: “Many of the 28 points in the proposed Russia-Ukraine peace plan offered by the White House read like they had been drafted in the Kremlin. They reflect almost all Mr. Putin’s maximalist demands.”

Ukraine would have to formally give Russia all the territory it has declared for itself in eastern Ukraine’s Donetsk and Luhansk regions. The United States would recognize that as Russian territory. No NATO forces could be based inside Ukraine to ensure that Russia could never invade again. The Ukrainian military would be capped at 600,000 troops, a 25 percent cut from current levels, and it would be barred from possessing long-range weapons that could reach Russia. Kyiv would receive vague security guarantees from the U.S. against a Russian re-invasion (but who in Ukraine, or Moscow, would trust them coming from Trump?).

Under the Trump plan, $100 billion in frozen Russian assets would be put toward U.S.-led efforts to rebuild and invest in Ukraine, and the U.S. would then receive 50 percent of the profits from that investment. (Yes, we are demanding half of the profits generated by a fund to rebuild a ravaged nation.)

Trump, facing blowback from allies, Congress and Ukraine, said Saturday that this was not his “final offer” but added, if Zelensky refuses to accept the terms, “then he can continue to fight his little heart out.” As always with Trump, he is all over the place — and as always, ready to stick it to Zelensky, the guy fighting for his country’s freedom, and never to Putin, the guy trying to take Ukraine’s freedom away.

What would an acceptable dirty deal look like?

It would freeze the forces in place, but never formally cede any seized Ukrainian territory. It would insist that European security forces, backed by U.S. logistics, be stationed along the cease-fire line as a symbolic tripwire against any Russian re-invasion. It would require Russia to pay a significant amount of money to cover all the carnage it has inflicted on Ukraine — and keep Moscow isolated and under sanctions until it does — and include a commitment by the European Union to admit Ukraine as a member as soon as it is ready, without Russian interference.

This last point is vital. It is so the Russian people would have to forever look at their Ukrainian Slavic brothers and sisters in the thriving European Union, while they are stuck in Putin’s kleptocracy. That contrast is Putin’s best punishment for this war and the thing that would cause him the most trouble after it is over.

This would be a dirty deal that history would praise Trump for — getting the best out of a less than perfect hand, by using U.S. leverage on both sides, as he did in Gaza.

But just using U.S. leverage on Ukraine is a filthy deal — folding our imperfect hand to a Russian leader who is playing a terrible one.

There is a term for that in poker: sucker.

James Traub wrote anoter excellent analysis of Trump’s “peace plan.” It would be worth your while to open the link and read in full.

He concludes:

My first reaction on reading the Trump Administration’s 28-point peace plan for Ukraine was shame. That’s a different emotion from the anger I feel when Trump does something deplorable at home, like use the Justice Department to terrorize his enemies. When he abandons people elsewhere I feel ashamed of my country before the world.

This latest exercise in coercive diplomacy does not merely give the Russians what they want and deprive the Ukrainians of what they need. What is extra specially Trumpian, and thus shameful, about the proposal is that its second beneficiary is the United States. Point 10 guarantees the United States “compensation” for the completely unspecified security guarantees alluded to in Point 5. From whom? The plan doesn’t say, but presumably the answer is Ukraine, from which Trump demanded a preposterous $500 billion earlier this year in exchange for ongoing support. So we will profiteer off Ukraine’s subjection….

If the United States walks away, we will have vindicated Putin’s belief that in the end nothing matters except force. We will leave Europe to live in fear of an emboldened Russia. We will have washed our hands of a democratic and patriotic nation.

Rebecca Redelmeier writes in Chalkbeat about passage of a new law in Pennsylvania mandating the use of “evidence-based” reading instruction. By that, they mean that teachers should teach reading by relying on what is called “the science of reading.” This terminology is based on a federal report that was released to the public in 2000, affirming the importance of phonics, the connections of letters and sounds.

The Department of Education spent $6 billion testing the “science of reading” recommendations. The program–Reading First–was abandoned after investigations found conflicts of interest and self-dealing among Department staff who awarded contracts.

When Reading First was evaluated, the results were unimpressive. Students did well in phonics but comprehension levels were unchanged.

Now states are mandating the same approaches that were tested 25 years ago.

Redelmeier wrote:

Pennsylvania will require schools to adopt evidence-based reading curriculum by the 2027-28 school year and institute new literacy instruction training for teachers.

The new requirements come as part of the state’s 2025-26 budget, which Gov. Josh Shapiro signed into law Wednesday, four months past the budget deadline. Literacy instruction and initiatives will get $10 million in the budget. The $50.1 billion budget deal puts $665 million total towards public schools. 

Moments before signing the bill, Shapiro said the budget invests in “something known as structured literacy,” referring to an approach to reading instruction that includes teaching students phonics and phonemic awareness, which research supports as effective.

The approach “puts a renewed emphasis on teaching [kids] to read well and training our teachers to teach reading effectively,” Shapiro said.

Last year, national test scores showed only about 1 in 3 Pennsylvania fourth graders could read at a proficient level. 

Some Pennsylvania school districts previously used reading curriculums that did not follow research-backed methods. In Philadelphia, the school district implemented an evidence-based curriculum last school year. But the rollout has been rocky. Students’ reading scores dippedafter the first year.

The curriculum mandate brings Pennsylvania up to speed with several other states that have passed laws that require literacy instruction to follow the science of reading, a body of research that has found young children need phonics instruction to learn how to read well.

Andy Spears of the Tennessee Education Report writes that a lawsuit has been filed in state courts challenging the Tennessee voucher plan. Not only does it violate the state constitution, the plaintiffs say, but the cost will bankrupt the public schools.

Spears writes:

Tennessee’s expanded, universal school voucher scheme violates a state requirement to maintain a system of free public schools, a new lawsuit says. 

The Education Law Center, on behalf of a group of Tennessee parents, filed the suit in Davidson County Chancery Court. 

“I taught for 12 years, and I fought to get my children into Rutherford County Schools because I knew the quality of education here,” said Jill Smiley, Rutherford County parent and former teacher. “Now the state is systematically defunding the very schools families like mine depend on. You can’t expect excellent schools on a shrinking budget.” 

The suit cites the requirement in the Tennessee Constitution that the state establish and support a system of free public schools. 

According to the plaintiffs: 

The lawsuit argues the voucher law violates the Education Clause of the Tennessee Constitution in two ways: 

  • The Education Clause’s adequacy requirement: By diverting public funds away from already underfunded public schools, the law prevents Tennessee from providing students with the adequate education guaranteed by the state constitution. 
  • The Education Clause’s mandate of a single system of public schools: By funding schools outside the system of free public schools, the voucher law violates this Education Clause mandate. 

Estimates by state analysts suggest the program will cost more than $140 million this year alone and may cost over $1 billion a year within 5 years. 

Additionally, an issue advocacy group calling itself Tennessee Leads says it will fight to expand the school voucher program as well as the state’s charter schools so that as many as 450,000 students are removed from the state’s public school system by 2031.

Kristen Buras lives in New Orleans and has written several notable books about the charter school takeover of the city’s schools. After two decades at Emory University and Georgia State University, she currently works in New Orleans as a scholar-activist. She is cofounder and director of the New Orleans-based Urban South Grassroots Research Collective, a coalition with Black educational and cultural groups that melds community-based research and organizing for racial justice. Buras has written multiple books on urban educational policy, including Charter Schools, Race, and Urban Space: Where the Market Meets Grassroots Resistance and What We Stand to Lose: Black Teachers, the Culture They Created, and the Closure of a New Orleans High School.

Her latest report appears here:

The Stories Behind the Statistics: Why a Report on ‘Large Achievement Gains’ in Charter Schools Harms New Orleans’ Black Students

Buras’ latest report exposes how “Large Achievement Gains” in New Orleans’ charter schools mask persistent inequities

The National Center for Charter School Accountability (CCSA), a project of NPE, has released a new independent report, The Stories Behind the Statistics: Why a Report on ‘Large Achievement Gains’ in Charter Schools Harms New Orleans’ Black Students, authored by noted scholar Dr. Kristen Buras. The report delivers a penetrating critique of the widely circulated “success narrative” surrounding the charter-school takeover of New Orleans following Hurricane Katrina. It challenges the Education Research Alliance for New Orleans (ERA)’s claims of significant achievement gains. It reveals how shifting metrics, questionable data, and students’ lived experiences paint a far more complex—and troubling—picture.

The Stories Behind Statistics raises substantial concerns about the foundations of ERA’s conclusions. First, it details how Louisiana officials repeatedly modified the school performance metrics in ways that boosted the apparent success of charter schools, creating an illusion of dramatic improvement. Second, it questions the reliability of the data ERA relied upon, noting allegations, lawsuits, and documented violations—including grade-fixing, financial mismanagement, and other irregularities—that have occurred across the New Orleans charter sector. Third, the report underscores the longstanding lack of meaningful oversight and accountability for charter schools, which further undermines confidence in the performance data.

Finally, the report scrutinizes ERA’s surveys on teaching quality and school climate, demonstrating that the experiences of Black students—when examined at the school level—are far more negative than ERA’s brief suggests. To bring these realities into focus, Dr. Buras incorporates original qualitative research, including firsthand testimony from students and parents describing their experiences in New Orleans charter schools.

The Stories Behind the Statistics urges policymakers, researchers, and the public to look beyond celebratory headlines and examine the deeper structural issues that continue to shape the city’s all-charter experiment—issues that profoundly affect the educational experiences of Black youth and their families.

According to Network for Public Education President Diane Ravitch, “As cities and states across the nation look to New Orleans as a model of charter-school reform, this report cautions how important it is to dig deeper than surface metrics. Without transparency, accountability, and attention to student experience, reforms that appear successful on paper may in fact perpetuate inequities and undermine educational justice for students.” 

Jonathan Larsen reported the details of the press conference held by Mayor-Elect Zohran Mamdani and President Trump after their private meeting. Everyone was expecting fireworks since the two had traded insults. But their friendly, even warm, exchange surprised everyone.

Maybe I’m fascinated in this meeting because I live in NYC, but mostly I’m fascinated for what this meeting shows about Mamdani and Trump.

Jonathan Larsen wrote on his Substack blog (whose name is unprintable on this blog):

It was built up as the next Rumble in the Jungle. The Ado on Pennsylvania Avenue, or something.
But CNN ended up calling it “bizarrely chummy.” Or, in British speak, “surprisingly cordial,” as the BBC put it.

It actually wasn’t bizarre. Professional journalists shouldn’t have been surprised and should be embarrassed to admit they were. After all, New York City Mayor-elect Zohran Mamdani asked for Friday’s meeting with Pres. Donald Trump.

Trump, obviously, agreed. Setting the meeting without being open to cordiality and chumminess is what would be bizarre and surprising. But even with that in mind, the extent of Trump’s cordial chumminess was, admittedly, remarkable.

Trump ended up beaming in pictures with Mamdani on the same day he gave Rep. Marjorie Taylor Greene (R-GA) a kick in the ass as she headed out the door.

“It was a great honor meeting Zohran Mamdani, the new Mayor New York City!” Trump posted afterward, erasing still Mayor Eric Adams.

On point after point — communism, Israel, crime — Trump without a second thought brushed off right-wing and centrist-Democratic priorities and fear-mongering and even his past bellicosity.

Along the way, Trump explicitly tossed a Republican ally under the bus, essentially saying she’s lying about Mamdani because, hey, campaigning, amirite?

The meeting itself was peppered with more Trump positivity than any one media account conveyed, so I broke down all the Trump love for Mamdani into categories1:

Defending Mamdani

On Mamdani calling him a despot: “I’ve been called much worse than a despot, so it’s not, it’s not that insulting, but maybe — I think he’ll change his mind after we get to working together.” The whole exchange is worth watching:

[it appears on TikTok.]

https://www.tiktok.com/t/ZP8Uj92YT/

•“That’s another thing I think we have in common, we want to see peace in the Middle East.”

•Trump: “You said a lot of my voters actually voted for him and—:
Mamdani: “One in ten.”
Trump: “—and I’m OK with that.”

•“He may have different views, but in many ways, you know, we were discussing when [Sen.] Bernie Sanders [I-VT] was out of the race. I picked up a lot of his votes and people had no idea because he was strong on not getting ripped off in trade. And lots of the things that I’ve practiced and been very successful on — tariffs, a lot of things — Bernie Sanders and I agreed on … But no, I feel very comfortable, I would be, I would feel very, very comfortable being in New York [under Mayor Mamdani] and I think much more so after the meeting.”

•“I think you’re going to have hopefully a really great mayor. The better he does, the happier I am.”

•“We had some interesting conversation and some of his ideas really are the same ideas that I have.”

•Q: “Would you feel comfortable living in New York City under a Mamdani administration?”

Trump: “Yeah, I would. I really would, especially after the meeting, absolutely. …We agree on a lot more than I would have thought.”

•“I think he’s different, all right? I think he’s different and that can be a very positive way. But I think he’s different than — you know, your typical guy; runs, wins, becomes mayor maybe and nothing exciting — because he [Mamdani] has a chance to really do something great for New York. New York is at a very critical point and he does need the help of the federal government to really succeed and we’re going to be helping him. But he’s different than, you know, your average candidate. He came out of nowhere. I said — he has a great campaign manager standing over there — he came out of, he came out of nowhere. What did you start off at, one or two? And then — I watched, I said, who is this guy? — he was at one, then he was at three, then he was at five, then he was at nine. Then he went up to 17. I said, that’s getting a little bit interesting, right? And then all of a sudden he wins the primary that nobody expected he was going to win. It’s a great, a great tribute. I mean, it’s an amazing thing that he did.”

That last one is where you can really see one of the pillars on which Trump’s obvious affection for Mamdani lies. He won. He beat the insiders, the ones who care about norms and tribal alliances.

It’s hard not to suspect that Trump’s affection for Mamdani was heightened by the fact that Mamdani beat disgraced former Gov. Andrew Cuomo (D-NY) even after Cuomo’s last-minute endorsement from Trump himself.
Rejecting Media Bullshit

While Mamdani frequently ignored or instantly pivoted from questions premised on Let’s You and Him Fight, Trump, too, swatted away questions to avoid areas of conflict.
Look at the previous exchange about being a despot. Trump rescued Mamdani by stipulating that the media don’t get it.

Q: “Are you affirming that you think President Trump is a fascist?”
Mamdani: “I’ve spoken about—”
Trump: “That’s OK. You could just say yes.”
Mamdani: “OK.”
Trump: “It’s easier — it’s easier than explaining it. I don’t mind.”

Later, again, Trump refused to take the bait and handed off to Mamdani, who immediately ran with it, where he wanted to go. Amazingly, this question was about Trump’s opinion on Mamdani vowing to arrest Israeli Prime Minister Benjamin Netanyahu to face the international charges against him, something of huge importance to much of Trump’s base.

Since I’m tired of copying what Larsen wrote, I urge you to open the link.

The best part is that Larsen points out that Trump stabbed Elise Stefanik in the back. Stefanik is running for Governor against Kathy Hochul. Hochul endorsed Mamdani. Neither Chuck Schumer nor Hakeem Jeffries did, to avoid offending orthodox Jewish voters or the Wall Street crowd and powerful corporate interests.

Stefanik has been running TV ads based on terrifying voters about Mamdani, portraying him as a Muslim who will impose Sharia law and do all the horrible things to Jews and women that terrorists do.

But Trump really liked him! They have a bromance going.

Stefanik should join the Marjorie Taylor Greene club. Another MAGA woman tossed aside like a squeezed lemon.

We have seen many repulsive sights in the Oval Office since Trump was sworn in last January. The covering of the room in fake gold ornaments is an abomination. Trump’s rude treatment of Zelensky was an outrage.

But the top abomination, at this moment, was his loving embrace of Saudi Arabia’s Crown Prince Mohammed bin Salman, who should be reviled for his brutal murder of journalist Jamal Khashoggi.

What next? A Presidential Medal of Honor for Putin?

Trump has many personal commercial ties to Saudi Arabia. Cynically speaking, Trump is building alliances by making personal deals with potentates who increase his family wealth. Surely, we cannot forget that MBS arranged to give Son-in-law Jared Kushner $2 billion after Trump left office in 2021. Kushner had no experience in financial investing. His background was real estate. Now, Trump’s real estate buddies Steve Witkoff and Howard Lutnick, are Trump’s envoys to Russia, the Middle East, and other hotspots. They too (and their children) are taking in millions and billions, because they are in “the room where it happens.”

The New York Times wrote recently about how Lutnick’s sons are making lucrative deals , which are helped by the fact that their father is Secretary of Commerce. “But never in modern U.S. history has the office intersected so broadly and deeply with the financial interests of the commerce secretary’s own family, according to interviews with ethics lawyers and historians…”

The New York Times also chronicled the ways that billionaire Steve Witkoff’s sons are cashing in with investments in the Middle East and in cryptocurrency, building on their father’s connection to Trump.

This is not what the Founders intended.

But maybe those of us who worry about abstract ideas like ethics and laws are in the wrong. Maybe the best way to make a deal with the devil is to get in bed with him, speak his language, and buy his friendship. That’s Trump’s way. And nobody does it better.

Sabrina Haake writes:

Trump just threw a lavish state party to welcome a Saudi murderer. He defended the murderer’s crime, blamed the victim, and viciously attacked a reporter for asking the question on everyone’s mind: What about Jamal Khashoggi?

Of all the shameful metaphors for the corruption, ignorance, and rot presently infecting the White House, this one wears the Trump crown.

A brutal regime dismembers its critic

Jamal Khashoggi was a US resident and journalist for the Washington Post during its halcyon years, before it fell to corporate interests that now serve Trump.

Khashoggi was also a frequent critic of the Saudi government. He frequently criticized the royal ruling family, not for their lavish lifestyles, but for their suppression of dissent, their refusal to allow free speech among the Saudi people, and their widespread human rights abuses.

On Oct. 2, 2018, Khashoggi was murdered in Istanbul. He had gone to see about a visa for his Turkish fiancée at the Saudi consulate’s office, where he was attacked, stangled, and dismembered.

A recording made by Turkish intelligence agents in the building captured the whole gruesome ordeal: Khashoggi could be heard struggling against Saudi guards of the royal Crown Prince as his killing was recorded, complete with screams, the sounds of strangulation, then quiet, before a bone saw was heard dismembering his body.

US Intelligence knows bin Salman did it

In 2021, US intelligence reports concluded that Saudi Arabia’s Crown Prince Mohammed bin Salman, aka “the Bone Saw Prince,” had personally ordered the operation.

The US Director of National Intelligence supplied reasons supporting that conclusion, including:

· bin Salman’s total control of decision-making in the Saudi Kingdom;

· The direct involvement of bin Salman’s key adviser in the brutal attack, along with members of his personal security team; and

· bin Salman’s stated support for using violence to silence critics of the Saudi government abroad, including Khashoggi.

US intelligence added that, “Since 2017, the Crown Prince has had absolute control of the Kingdom’s security and intelligence organizations, making it highly unlikely that Saudi officials would have carried out an operation of this nature without the Crown Prince’s authorization.”

Despite these publicly available facts, Trump treated bin Salman to an unusually lavish state reception, complete with military officers in full dress carrying both Saudi and American colors. As the US taxpayer-funded Marine band played, Trump and Mr. Bone Saw were treated to a fly-over of advanced fighter jets, samples of the 48 F-35 jets Trump already sold to Saudi Arabia, despite national security concerns that China would be able to steal the aircraft’s advanced technology.

Trump courts a murderer to line his own pockets

Trump’s personal wealth has increased by over $3 billion since his return to office, largely from ethics-adjacent crypto schemes, foreign real estate deals, meme coins that have no value, and overt pay to play transactions. His lavish courtship of bin Salman fits neatly into the same corrupt pattern, promoting Trump’s illegal,private, for-profit interests.

The Trump Organization now has multiple, large-scale projects pending in Saudi Arabia, including a new Trump Tower and a Trump Plaza development in the works in Jeddah, along with two other projects planned in Riyadh. These deals are publicly known; it’s likely billions more are exchanging hands under the table.

Trump is also in private partnership with the Saudi-owned, “International Luxury Real Estate Developer,” Dar Global. There’s also a separate $2 billion deal where an Abu Dhabi-based, UAE-backed investment firm used a cryptocurrency from the Trump family’s venture, World Liberty Financial, to invest in another crypto exchange, profiting Trump royally.

And no one has forgotten Trump’s son in law, Jared Kushner’s, $2 billion private “investment” fee from the Saudis, packaged when Saudi Arabia’s Public Investment Fund (PIF) announced a $55 billion acquisition. Kushner’s fee is widely regarded as payment for providing political cover and guaranteeing Trump’s regulatory protection. After the PIF’s own advisors initially rejected the deal, bin Salman personally overruled them and pushed it through.

Trump didn’t mention these deals this week when he rolled out the red carpet on taxpayers’ dime, but claimed instead with trademark ambiguity that the Saudis were going to “invest as much as $1 trillion in the US.”

Trump endorses the unthinkable

Journalists around the world, not to mention Khashoggi’s family, had to endure the nightmare of watching Trump fawn all over bin Salman. In every photo from the mainstream media, Trump couldn’t keep his hands off him, as if Trump were absorbing Saudi wealth through his fingers.

Tuesday, when journalist Mary Bruce asked bin Salman about intelligence reports concluding that he ordered the Khashoggi murder, Trump jumped in, answering for him. “He knew nothing about it! You don’t have to embarrass our guest by asking something like that.”

Trump then suggested Khashoggi got what he had coming for criticizing the government, saying, “A lot of people didn’t like that gentleman (Khashoggi) that you’re talking about, whether you like him or didn’t like him, things happen.”

After sending this chilling message to his critics, Trump then attacked Bruce for asking a “horrible,” insubordinate,” and “just a terrible question,” dressing her down in garbled syntax before cameras of the world with, “You’re all psyched up. Somebody psyched you over at ABC and they’re going to psych it. You’re a terrible person and a terrible reporter,” and later demanded that ABC lose its broadcast license.

Saudi Arabia’s Crown Prince Mohammed bin Salman is condemned throughout the civilized world as a brutal 5th Century pariah. Trump just spent a taxpayer fortune to rebrand him “one of the most respected people in the world” to elevate and promote Trump’s own private business ventures.

It is fitting that Trump committed this atrocity in a formerly dignified room recently desecrated with tacky gold medallions. The Oval Office is now a bordello whose pimp is selling America to the highest bidder, and we, his trafficked victims, are letting him do it.

Sabrina Haake is a columnist and 25+ year federal trial attorney specializing in 1st and 14th A defense. Her Substack, The Haake Take, is free.

Watching the press conference that followed NYC Mayor-elect Zohran Mamdani’s meeting with Trump felt like stepping into an alternate universe.

Before they met, Mamdani called Trump names and promised to “Trumpproof” the city. Trump called Mamdani a “radical lunatic,” “a communist,” and lots of ethnic and religious slurs. He also threatened to cut off federal aid to the city.

But after they met, Mamdani was beaming and Trump was gushing with praise for the vibrant young Mayor-elect. He even gave Mamdani that special smile that he usually reserves for Putin.

As a resident of NYC, I’m very happy with the outcome but puzzled. I haven’t met Mamdani but he clearly has magic powers.

Dean Obeidallah, who is Muslim, explains what happened on his blog:

For those shocked by how smitten Donald Trump was with Zohran Mamdani during their Oval Office meeting on Friday, it’s simply because you don’t know about the special powers, we, Muslims have. One of them is the ability to mesmerize people. Now, we only use this super Muslim power in special moments. We just can’t go around captivating people all day because we would have too many people chasing us around like smitten puppy dogs.

How does this spell get cast? Some online have speculated that Zohran called Trump “Habibi.” I can neither confirm nor deny that the word “Habibi” –or “Habibiti” for a woman—is part of how we do this.

But the trance I saw Trump in means Zohran likely dropped a special potion of Middle Eastern spices into Trump’s Diet Coke or McDonald’s cheeseburger. While I’m sworn to secrecy on the full list of ingredients, it likely involves sumac, cumin, cardamom with a hint of Trump’s favorite Doritos nacho cheese flavor. How powerful is it? Just look at the photo below. We all want someone to look at us with that type of affection!

Now with the kidding aside-or could it there really be a Muslim superpower?! I get why people would be stunned by what transpired. Trump had slammed Zohran days before the meeting as a “communist.” And during the mayoral campaign, Trump had attacked Zohran on everything from his looks —“TERRIBLE”—to his voice—“grating”—and even threatened to look into stripping him of citizenship and arresting him.

And Zohran in return had repeatedly trashed Trump calling him everything from “corrupt” to a “fascist” to a “despot.” He even mocked Trump during his victory speech a few weeks ago taking a shot at him being nearly 80 years old with the comment “I know you’re watching, I have four words for you: Turn the volume up.”

That was all gone yesterday—at least from Trump’s point of view. There was Trump pushing back on reporters that are from pro-Trump media outlets saying at one point, “I’ll stick up for you.” Trump added later he would live in New York under Mayor Mamdani and even said he was “confident that he [Zohran] can do a very good job”.

Now if you watch the clips– such as the one below– as Trump is defending Zohran and looking at him with puppy dog eyes, Zohran is simply being Zohran. He’s professional, poised and like always focused on his message of affordability for New Yorkers.

Trump ❤️ Mamdani

People can debate why Trump was glowing. I’ve met Zohran and chatted with him here in NYC over the past few years. He’s exceedingly smart—plus he does his homework on issues, etc. That means Zohran knew exactly what to say to Trump to elicit this response—and executed it perfectly.

In addition, Trump is at his lowest point in the polls in the second term. Trump is especially underwater on the economy with a Fox News poll this week finding that 76 percent now rate the U.S. economy negatively under Trump.

Trump needs to be near a winner—and that is what Zohran is. But while this meeting was both entertaining and inspiring, the best part was what happened immediately after it ended. And that was the outrage from the anti-Muslim bigots who to put it bluntly: Lost their sh*t.

For starters, there was GOP Rep. Elise Stefanik who is running for New York governor in 2026. Her campaign has been focused on smearing Zohran and all Muslims. She’s like a female George Wallace but instead of demonizing Blacks–she is hating on Muslims. 

Her main line of attack is to call Zohran a “jihadist.” Well in the Oval Office meeting, Trump was asked if he agreed that Zohran was a jihadist? In response Trump said no, adding, “I just met with a man who’s a very rational person.”

In response, Stefanik became hysterical because this undermines her campaign based on hate. She quickly vented her anger online repeating Zohran is a jihadist. Her freak out was a joy to behold.

Then there were bigots like Laura Loomer—who increasingly looks a cautionary tale for Botox abuse. After Zohran won, she posted a series of anti-Muslim comments such as calling Zohran a “jihadi” and writing “Mamdani will encourage Muslims to commit political assassinations to acquire power and silence critics.”

Yesterday, she was outraged with the Zohran-Trump love fest. She went on a long Twitter rantslamming the meeting and that Republicans need to oppose his agenda or lose. But deep down with Loomer it’s always about anti-Muslim hate.

Others like WABC radio’s Sid Rosenberg—who inadvertently helped Zohran win with his anti-Muslim comments that Andrew Cuomo joined in during the campaign—loves Trump. But he was fully triggered by this meeting. He told the NY Times “to watch them shake hands and smile” made him want to lose his lunch.

Of course there were countless other MAGA loving, Muslim hating scumbags on social media who went ballistic over the meeting. They live to be outraged.

Only time will tell if this meeting helps the people of New York City, Trump’s sagging approval numbers, etc. But one thing we knew it did already was piss off the anti-Muslim haters. If enjoying that is wrong, I don’t want to be right!

Jan Resseger is a determined and purposeful writer.

On Tuesday, Part 1 of this post explored the Trump Administration’s seizure of the Congressional “power of the purse” as part of a strategy to accomplish the President’s goal of shutting down the U.S. Department of Education by firing hundreds of the Department’s staff who administer and oversee enormous grant programs like Title I and special education programs funded by the 1975 Individuals with Disabilities Education Act, along with many other essential programs that protect students’ rights and fulfill the Department’s mission of ensuring that children across all the states can equitably have a quality public school education. Part 1 also examined how the U.S. Supreme Court has shunted many of the legal challenges filed against Trump administration onto a “shadow docket” of temporary decisions with a long wait for a hearing on their merits and a final ruling by the Supreme Court on their legality.

Today, Part 2 will examine three primary examples of what appear to be the Trump administration’s shameless violation of the core Constitutional principles we have long valued for protecting the rights of children and their teachers in our nation’s system of K-12 public schools.

The First Amendment Protection of Freedom of Speech — Beginning in February and continuing through the year, the Trump administration has been pressuring colleges and universities and K-12 public schools to adopt its own interpretation of the Civil Rights Act of 1964 and the administration’s idiosyncratic interpretation of a 2023 Supreme Court decision in Students for Fair Admissions v. Harvard. While most experts believe that Students for Fair Admissions was a narrowly tailored decision to eliminate affirmative in college admissions, the Trump administration has alleged it also bans all “diversity, equity, and inclusion” programming and policy in K-12 public schools and in higher education.

In August, the NY Times Dana Goldstein ideology the Trump administration has been trying to impose on educational institutions and teachers: “While there is no single definition of D.E.I., the Trump administration has indicated that it considers many common K-12 racial equity efforts to fall under the category and to be illegal. Those include directing tutoring toward struggling students of specific races, such as Black boys; teaching lessons on concepts such as white privilege; and trying to recruit a more racially diverse set of teachers. The administration has also warned colleges that they may not establish scholarship programs or prizes that are intended for students of specific races, or require students to participate in ‘racially charged’ orientation programs… The administration has also argued that because the Supreme Court overturned affirmative action in college admissions in 2023, all racially conscious education programs are illegal.”

Can the Trump administration impose its ideology on educational institutions and get teachers punished or fired if they cover unpleasant parts of our nation’s history? Many experts call this a violation of the First Amendment’s protection of free speech. To define how the First Amendment protects the freedom of speech in educational institutions, Yale Law School professor Justin Driver quotes the words of Supreme Court Justice Robert Jackson in the 1943 Supreme Court decision in West Virginia State Board of Education v. Barnette: “If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or any other matters of opinion or force citizens to confess by word or act their faith therein.” (Justin Driver, The Schoolhouse Gate, pp. 65-66)

The Vagueness Doctrine — In addition to the violation of the right to freedom of speech, there is another serious legal problem in the Trump administration’s efforts to scrub “diversity, equity, and inclusion” from K-12 public schools and from the policies of the nation’s universities.  Writing for the NY TimesMatthew Purdy explored how the Trump administration’s vague rules, mandates and executive orders are designed to frighten people into complying:

“Federal District Court judges across the country and across the political spectrum…  (have faulted) the administration for using broadly cast executive orders and policies to justify ‘arbitrary and capricious’ actions. Many of these judges have explicitly invoked something called the vagueness doctrine, a concept that for centuries has been foundational to American law. The notion is simple: Unless laws are clearly stated, citizens cannot know precisely what is and is not permitted, handing authorities the power to arbitrarily decide who is in violation of a law or rule. Vagueness has long been seen as a clear divide between democracies run by laws and autocracies run by strongmen….”

The Cornell Law School Legal Information Institute explains how the vagueness doctrine protects due process of law: “Vagueness doctrine rests on the due process clauses of the Fifth and Fourteenth Amendments of the U.S. Constitution. The Supreme Court stated in Winters v New York, that U.S. citizens should not have to speculate the meaning of a law due to its vagueness, the law should be clear on its face.”

Purdy adds that many of Trump’s educational executive orders and the rules being imposed by Linda McMahon’s Department of Education ought to be declared void for vagueness. Without being sure  precisely what steps are required, universities have settled with the administration by making financial deals to protect their research funding; public school administrators have changed bathroom policies for trans students; and teachers have felt afraid to teach honestly about our nation’s history.  Purdy describes “Valerie Wolfson, the 2024 New Hampshire history teacher of the year… whose post-Civil War curriculum includes Reconstruction, the rise of the K.K.K. and the Jim Crow era. ‘I do not know how I could discuss them without creating a risk of being accused of presenting a narrative of the United States as racist,’ she says… None of Donald Trump’s edicts have deployed vagueness as effectively as his attack on D.E.I. …   The line between what is and isn’t allowed may be vague, but the penalty for crossing it is certain. The version cooked up by the Department of Education’s Office for Civil Rights is a textbook case…  The message—and the threat—from the Department of Education was received loud and clear across the country.” (This blog covered Purdy’s article in more detail.)

Birthright Citizenship — One of President Trump’s executive orders stands out in its utter contradiction of the language of the Fourteenth Amendment. In an executive order last January, the President ended birthright citizenship. Birthright citizenship does not, thank goodness, deny any child’s right to public education because a 1982 Supreme Court decision in Plyler v. Doe does protect the right for every child residing in the United States to a free public education.  However without the protection of birthright citizenship, children in this country are denied the protection of virtually all other rights.

In February a Federal District Court judge temporarily stayed Trump’s executive order banning birthright citizenship; the case was appealed; and later on June 27, the U.S. Supreme Court released a final decision. However the Supreme Court Justices twisted the meaning of the case without addressing the core issue of birthright citizenship itself. Instead the justices turned the decision into a ruling on procedure—declaring that local Federal District Courts cannot block the imposition of federal policy nationwide.

For Scotus Blog, Amy Howe explains how today’s Supreme Court abrogated its responsibility by ignoring the core issue in the birthright citizenship case: “(O)n July 23, a divided panel of the U.S. Court of Appeals for the 9th Circuit (had) ruled that the executive order ‘is invalid because it contradicts the plain language of the Fourteenth Amendment’s grant of citizenship to ‘all persons born in the United States and subject to the jurisdiction thereof ‘.”

Responding to the decision of the appeals court, U.S. Solicitor General D. John Sauer failed to ask the justices to fast-track its petition, urging the Supreme Court to review the ruling. Howe adds: “Although Sauer had the option to ask the court to fast-track its petition, he chose not to.  Accordingly, if the justices decide to take the case… it will likely schedule oral arguments for sometime in 2026 and reach a decision at the end of the… term—most likely in late June or early July.”

All three of these serious Constitutional principles remain at issue today in Trump’s attempt to deny the rights of educators and undermine the protection of students’ rights.

Disciplining ourselves to name and and understand what appear to be troubling legal violations by the Trump  administration is an important step toward building the political will for reform.