Descendants of the celebrated painter Norman Rockwell wrote an article in USA Today protesting the Trump administration’s selective use of his work to portray an all-white America. The Department of Homeland Security has issued propaganda that includes Rockwell paintings to illustrate that the U.S. has no racial diversity. Whites only.

His children, grandchildren and great-grandchildren wrote this article.

If Norman Rockwell were alive today, he would be devastated to see that his own work has been marshalled for the cause of persecution toward immigrant communities and people of color.

The Rockwell family

A group of mostly White Americans stands beneath a billowing national flag, right hands to their hearts. Construction workers crawl ant-like over a close-up of the upraised torch in the hand of the Statue of Liberty. A craggy Daniel Boone in raccoon-skin cap gazes off into the distance against a purple background, cradling his rifle.

These are three Norman Rockwell paintings that recently appeared without authorization in social media posts by the U.S. Department of Homeland Security. They bore these labels: “Protect our American way of life,” “Manifest Heroism” and a quote from Calvin Coolidge, “Those who do not want to be partakers of the American spirit ought not to settle in America.”

Norman Rockwell – our father, grandfather and great-grandfather – painted more than 4,000 works during his career, many of them depicting what are considered classic scenes from 20th century American life: Boy Scouts, doctor visits, squabbling couples, soda shops, soldiers returning from war, linemen and so much more.

From 1916 to 1963, he regularly painted covers for the Saturday Evening Post, which by and large depicted only White people. The scarcity of people of color in Rockwell’s paintings has led those who are not familiar with his entire oeuvre to draw the conclusion that his vision was of a White America, free of immigrants and people of color. But nothing could have been further from the truth.

Norman Rockwell used art to confront racism, injustice in America

Rockwell was profoundly shaken by the injusticestoward Black Americans that were brought to the forefront during the Civil Rights Movement. He felt an urgent need to raise his voice against the racism and injustice he witnessed all around him.Need a news break? Check out the all new PLAY hub with puzzles, games and more!

In January of 1964, just one month shy of his 70th birthday, his iconic painting “The Problem We All Live With” appeared in Look magazine. The painting was inspired by the experiences of Ruby Bridges, a 6-year-old girl who had been escorted by U.S. Marshals to desegregate her New Orleans school in 1960.

“The Problem We All Live With”–Norman Rockwell

The painting focuses on a young Black girl in a white dress walking to school surrounded by unmistakable signs of racism and violence. A horrifying epithet scrawled across a wall dotted by rotten tomatoes recently hurled and the burly bodies of the four U.S. Marshalls accompanying her all point to the horrifying historical moment depicted in the scene. But perhaps most haunting of all is that title: “The Problem We All Live With,” an eternal present tense, inviting us to engage with the ravages of racism in our society, to open our eyes to the injustice and violence.

“I was born a White Protestant with some prejudices that I am continuously trying to eradicate,” Rockwell said in an interview in 1962. “I am angry at unjust prejudices, in other people and in myself.”

His efforts to eradicate prejudices both within himself and others led him to explore issues of racism, violence and segregation well into his 70s: “Golden Rule” (1961), “Murder in Mississippi” (1965) and “New Kids in the Neighborhood (Negro in the Suburbs)” (1967) all demonstrate his deep commitment to equality and anti-racism.

“New Kids in the Neighborhood” Norman Rockwell

If Norman Rockwell were alive today, he would be devastated to see that not only does the problem Ruby Bridges confronted 65 years ago still plague us as a society, but that his own work has been marshalled for the cause of persecution toward immigrant communities and people of color.

We ‒ as his eldest son, grandchildren and great-grandchildren ‒ believe that now is the time to follow in his footsteps and stand for the values he truly wished to share with us and all Americans: compassion, inclusiveness and justice for all.

***********************************

In addition to the contested use of Rockwell’s paintings, the Trump administration’s Department of Labor has used the retro images below as part of its recruitment/branding campaign (slogans like “Make America Skilled Again,” “Build America’s Future,” “American Workers First,” “Your Nation Needs You”). The DOL ran them on social media (USDOL posts on X/Twitter, Facebook and Instagram). The posters present America as an all-white nation of male workers. No diversity. Broad shoulders. Blonde hair. Open-collar. He-men. Red-blooded white American men. No Rosie the Riveter.

Last night I watched a PBS Frontline documentary: The Rise of RFK Jr.

This documentary is fascinating. It shows young Bobby’s idyllic childhood at the family’s sprawling, luxurious compound in Virginia. He grew up in a world of joy, fun, and privilege.

You can see how deeply he was scarred by the murder of his father, with whom he was very close. This was an experience no child should endure.

He is sent away to a boarding school, where he is soon kicked out. Then another, then Harvard, which was a given, in light of his name. At Harvard, he becomes addicted to drugs and a drug dealer. Pot, cocaine, heroin.

He goes to law school, flunks the bar exam, but eventually passes. He marries an eligible young woman, has children, divorces her. Still a drug addict. Meets a beautiful Catholic girl, marries her, has four children. He begins to find his niche as an environmental lawyer. Life is looking up. But he’s a sex addict and he keeps a record of his conquests–at least 37. His wife finds the record and hangs herself.

He believes he is destined for greatness. He is a Kennedy so he keeps looking for the vehicle that will catapult him to fame. He discovers angry mothers who are looking for the cause of their children’s autism. He latches on to the issue and becomes their champion. He also becomes a prominent anti-Vaxxer and conspiracy theorist.

He briefly runs for president in 2024 but soon realizes that his prospects are nil. Trump offers a big job if he joins his campaign. Bobby accepts his offer, to the dismay of his family.

Bobby speaks to large, adoring crowds. He loves it.

Trump appoints him to lead the government’s public health agency–Health and Human Services. His family is appalled. They know he is unqualified. They know he has no respect for science. He promises the Senate committee that he won’t stop vaccines, despite his long history as a critic of them. He wins approval.

He begins to fire prominent scientists and thousands of experienced employees. He throws the agency into turmoil.

So here we are.

If Chief Justice John Roberts or Justice Alito or Justice Thomas had puta stay on the orders of lower federal courts to fully fund SNAP–the program that pays fo feed 42 million impoverished Americans, we could safely conclude that they are cruel and don’t care whether poor people can afford a meal.

But it was shocking on Friday night to learn that it was Justice Ketanji Brown Jackson–one of the most liberal members of the High Court–who ordered a 48-hour stay in the lower court’s order to fully fund SNAP.

How could this be?

Steve Vladeck, a law professor at Georgetown University and noted Constitutional scholar, explains that Justice brown was acting strategically and hoped to outmaneuver the conservative majority.

Follow his reasoning. Open the link and finish reading his analysis.

He wrote:

A very quick explainer on what (and why) Justice Jackson issued an “administrative stay” in the SNAP case late on Friday night, and on what’s likely to happen next

STEVE VLADECK

Welcome back to “One First,” a (more-than) weekly newsletter that aims to make the U.S. Supreme Court more accessible to lawyers and non-lawyers alike. I’m grateful to all of you for your continued support, and I hope that you’ll consider sharing some of what we’re doing with your networks:

I wanted to put out a very brief post to try to provide a bit of context for Justice Jackson’s single-justice order, handed down shortly after 9 p.m. ET on Friday night, that imposed an “administrative stay” of a district court order that would’ve required the Trump administration to use various contingency funds to pay out critical benefits under the Supplemental Nutrition Assistance Program (SNAP).

It may surprise folks that Justice Jackson, who has been one of the most vocal critics of the Court’s behavior on emergency applications from the Trump administration, acquiesced in even a temporary pause of the district court’s ruling in this case. But as I read the order, which says a lot more than a typical “administrative stay” from the Court, Jackson was stuck between a rock and a hard place—given the incredibly compressed timing that was created by the circumstances of the case.

In a world in which Justice Jackson either knew or suspected that at least five of the justices would grant temporary relief to the Trump administration if she didn’t, the way she structured the stay means that she was able to try to control timing of the Supreme Court’s (forthcoming) review—and to create pressure for it to happen faster than it otherwise might have. In other words, it’s a compromise—one with which not everyone will agree, but which strikes me as eminently defensible under these unique (and, let’s be clear, maddening and entirely f-ing avoidable) circumstances.

I. How We Got Here

Everyone agrees that, among the many increasingly painful results of the government shutdown, the U.S. Department of Agriculture (USDA) can no longer spend the funds Congress appropriated to cover SNAP—a program that helps to fund food purchases for one in eight (42 million!) Americans. Everyone also agrees that there are other sources of appropriated money that the President has the statutory authority to rely upon to at least partially fund SNAP benefits for the month of November. The two questions that have provoked the most legal debate is whether (1) he has the authority to fully fund SNAP; and (2) either way, whether federal courts can order him to use whatever authorities he has.

The dispute in the case that reached the Supreme Court on Friday involves a lawsuit that asked a federal court in Rhode Island to order the USDA first to partially fund SNAP for November, and then to fully fund it. Having already ordered the USDA to do the former, yesterday, Judge McConnell issued a TRO ordering it to do the latter (to fully fund SNAP for November)—and to do so by the end of the day today.

Even as the President seemed to be giving inconsistent public statements about what the federal government was going to do, the Justice Department appealed Judge McConnell’s ruling to the First Circuit—and also sought a stay of that ruling pending appeal. And given the urgency of the timing, it asked the First Circuit to issue an “administrative stay”—a temporary pause while the court of appeals decided whether to issue a more indefinite stay for the duration of the government’s appeal. (For a longer explainer of the difference between an “administrative” stay and a stay pending appeal, see this post.)

With the First Circuit not having ruled on the administrative stay by late Friday afternoon, the Justice Department went to the Supreme Court for both of the types of relief it had sought from the First Circuit—a stay pending appeal and an administrative stay while the Court considered the former. Shortly after that filing, at 6:08 p.m. ET, the First Circuit publicly declined to enter an administrative stay—issuing a two-page order explaining why. As the order concluded, “The government’s motion for a stay pending appeal remains pending, and we intend to issue a decision on that motion as quickly as possible.”

That kicked the ball squarely into the Supreme Court’s … court (sorry; it’s late).

II. Why It Was Justice Jackson’s Problem

All emergency applications are filed in the first instance with the “Circuit Justice” assigned to that particular court of appeals/geographic area. For the Boston-based First Circuit, that’s Justice Jackson. And with one equivocal exception, every “administrative” stay of which I’m aware has come from the Circuit Justice, not the full Court. Thus, the onus was on Justice Jackson to either enter the administrative stay herself, or risk being overruled by the full Court.

In an order circulated to the Court’s press corps at 9:17 p.m. ET, Jackson issued the administrative stay sought by the Trump administration. But her order says a lot more than the typical administrative stay—which usually contains nothing other than boilerplate. As Jackson wrote, “Given the First Circuit’s representations, an administrative stay is required to facilitate the First Circuit’s expeditious resolution of the pending stay motion.” Thus, she stayed the two orders from Judge McConnell “pending disposition of the motion for a stay pending appeal” in the First Circuit, “or further order of Justice Jackson or of the Court.” And as the order concludes, “This administrative stay will terminate forty-eight hours after the First Circuit’s resolution of the pending motion, which the First Circuit is expected to issue with dispatch.”

The first thing to say about this order is that I’ve never seen anything quite like it before. Circuit Justices don’t usually explain administrative stays, and certainly not with this much detail about the timing. Here, Justice Jackson is clearly telling the First Circuit to hustle—a message I am sure the court of appeals will receive and act upon.

As for why Justice Jackson did it, to me, the clue is the last sentence. Had Jackson refused to issue an administrative stay, it’s entirely possible (indeed, she may already have known) that a majority of her colleagues were ready to do it themselves. I still think that this is what happened back in April when the full Court intervened shortly before 1 a.m., without explaining why Justice Alito hadn’t, in the A.A.R.P. Alien Enemies Act case. And from Jackson’s perspective, an administrative stay from the full Court would’ve been worse—almost certainly because it would have been open-ended (that is, it would not have had a deadline). The upshot would’ve been that Judge McConnell’s order could’ve remained frozen indefinitely while the full Court took its time. Yesterday’s grant of a stay in Trump v. Orr, for instance, came 48 days after the Justice Department first sought emergency relief.

Instead, by keeping the case for herself and granting the same relief, in contrast, Justice Jackson was able to directly influence the timing in both the First Circuit and the Supreme Court, at least for now. She nudged the First Circuit (which I expect to rule by the end of the weekend, Monday at the latest); and, assuming that court rules against the Trump administration, she also tied her colleagues’ hands—by having her administrative stay expire 48 hours after the First Circuit rules. Of course, the full Court can extend the administrative stay (and Jackson can do it herself). But this way, at least, she’s putting pressure on everyone—the First Circuit and the full Court—to move very quickly in deciding whether or not Judge McConnell’s orders should be allowed to go into effect. From where I’m sitting, that’s why Justice Jackson, the most vocal critic among the justices of the Court’s behavior in Trump-related emergency applications, ruled herself here—rather than allowing the full Court to overrule her. It drastically increases the odds of the full Supreme Court resolving this issue by the end of next week—one way or the other.

I am, of course, just speculating. But if so, I think it’s both a savvy move from Justice Jackson and a pretty powerful rejoinder to the increasingly noisy (and ugly) criticisms of her behavior from the right. Given the gravity of this issue, it makes all the sense in the world for a justice in Jackson’s position to do whatever she could to ensure that the underlying question (must the USDA fully fund SNAP for November?) is resolved as quickly as possible—even if that first means pausing Judge McConnell’s rulings for a couple of days. If the alternative was a longer pause of McConnell’s rulings, then this was the best-case scenario, at least for now. And regardless, imposing this compromise herself, rather than forcing her colleagues to overrule her, is, to me, a sign of a justice who takes her institutional responsibilities quite seriously, indeed—even when they lead away from the result she might otherwise have preferred if it were entirely up to her.

III. What Comes Next?

Open the link now to find out what is likely to happen to the funds that feel 42 million low-income Americans.

Reuters reported that the U.S. Supreme Court put a hold on a lower court’s order to fully fund the SNAP program, which provides food for low-income people. About one of every eight Americans will go hungry because of the Court’s order. The lower federal district court in Rhode Island ordered the administration to fully fund SNAP. An appeals court declined to overrule the Rhode Island order. The administration was willing to offer about half of the funds needed.

But Chief Justice John Roberts concluded there was no rush to feed hungry people. I bet he went home to a dinner of steak, potatoes, green beans, and salad, accompanied by a splendid Cabernet.

The New York Times, however, said it was Justice Ketanji Brown Jackson who halted the lower court order. She too had a grand meal tonight while 42 million Americans go hungry. Let’s see: filet of sole and salad with a bottle of Chardonnay.

The New York Times reported:

Food stamps: Justice Ketanji Brown Jackson late Friday temporarily halted a lower court order that would have required the Trump administration to fund food stamps in full, fueling new uncertainty around the anti-hunger program’s immediate fate. The justice did not rule on the legality of the White House’s actions. Instead, she imposed a pause meant to give an appeals court more time to weigh the legal arguments raised by the government, as it seeks to withhold funding for the Supplemental Nutrition Assistance Program during the shutdown. Some states had already said that they were preparing to send out full food stamp benefits. 

Reuters reported:

WASHINGTON – The U.S. Supreme Court on Friday allowed President Donald Trump’s administration to withhold for now about $4 billion needed to fully fund a food aid program for 42 million low-income Americans this month amid the federal government shutdown.

The court’s action, known as an administrative stay, gives a lower court additional time to consider the administration’s formal request to only partially fund the Supplemental Nutrition Assistance Program, known as SNAP or food stamps, for November. Chief Justice John Roberts, who issued the stay, set it to expire in two days.

The administration had filed an emergency request hours earlier asking the justices to put on hold a Rhode Island-based judge’s order that gave the administration until Friday to fully fund the program, which costs $8.5 billion to $9 billion per month.

Judge Karin Immergut was appointed to the bench by President Trump in 2019. But unlike Trump’s appointees to the U.S. Supreme Court, Judge Immergut puts the Constitution and the law above partisanship.

She had previously issued a temporary injunction against sending federal troops to Portland. Today she turned her order into a permanent injunction. She was not convinced that there was a need for federal troops in that all she saw were relatively small and peaceful demonstrations that could be handled by local law enforcement.

The Trump administration will appeal her decision.

The Department of Homeland Security insisted that troops were needed to quell rioting. Judge Immergut was not persuaded.

The New York Times reported:

President Trump overstepped his authority when he sought to deploy National Guard troops to Portland, Ore., to protect the Immigration and Customs Enforcement office there, a federal judge ruled on Friday, issuing a permanent block on troop deployments to the city in response to anti-ICE demonstrations.

Judge Karin J. Immergut of U.S. District Court, who was nominated to the bench by Mr. Trump, had previously issued a preliminary injunction blocking the president’s order federalizing National Guard soldiers in Oregon in a lawsuit that was brought by the States of Oregon and California and the City of Portland.

In her final 106-page ruling, Judge Immergut rejected arguments from government lawyers that protests at the ICE building made it impossible for federal officers to carry out immigration enforcement, represented a rebellion or raised the threat of rebellion. She also found that the attempt to use National Guard soldiers in Oregon had violated the U.S. Constitution’s 10th Amendment, which gives states any powers not expressly assigned to the federal government.

“The evidence demonstrates that these deployments, which were objected to by Oregon’s governor and not requested by the federal officials in charge of protection of the ICE building, exceeded the president’s authority,” she wrote.

Never a dull moment when Trump is in office.

Shareholders of Tesla just endorsed a contract with Elon Musk worth $1 trillion!

The dramatic inequality of wealth and income in the U.S. upsets many people, even middle-class people. The pain is spreading. In the past few months, many thousands of workers and corporate executives were laid off. What does the future hold for them?

The party in charge of the federal government has closed down the government rather than continue health insurance benefits for millions of their fellow citizens. The Republicans have gone to court and fought to cut off SNAP–food stamps–to feed the poorest Americans.

Yesterday, a federal Judge ordered the Trump administration to fully fund SNAP. The Trump administration is going to a higher court in hopes of reversing the order. Let the hungry eat cake!

All the while, Speaker Mike Johnson sent House members home to avoid negotiating any changes in a cruel budget. When asked, he lies and says that Republicans are fighting to save the very programs they are killing. Lying seems to come naturally to him.

Here is the Trump ideal: Stockholders of Tesla just voted to award $1 trillion to Elon Musk if the company continues to prosper.

The New York Times reported:

Tesla shareholders on Thursday approved a plan that could make Elon Musk the world’s first trillionaire, two days after New Yorkers elected a tax-the-rich candidate as their next mayor.

These discrete moments offered strikingly different lessons about America and who deserves how much of its wealth.

At Tesla, based in the Austin, Texas, area, shareholders have largely bought into a winner-takes-all version of capitalism, agreeing by a wide margin to give Mr. Musk shares worth almost a trillion dollars if the company under his management achieves ambitious financial and operational goals over the next decade.

But halfway across the country, in the home to Wall Street, Zohran Mamdani’s victory served as a reminder of the frustrations many Americans have with an economic system that has left them struggling to afford basics like food, housing and child care.

Is this the American Dream?

Jan Resseger recently read Arne Duncan’s cheerful hopes for the Trump education agenda and encouraged the public to look at the bright side. Then Jan remembered Arne’s disastrous Race to the Top, which even the U.S. Department of Education rated as a waste of money, and Jan looked elsewhere for advice. She found Kevin Welner’s sage thoughts.

My view is that Trump, his budget director Russell Vought, and Secretary of Education Linda McMahon ultimately hope to turn all federal funding into block grants to the states, no strings attached. No money dedicated to students with disabilities, no money for schools enrolling large numbers of low-income students. Federal regulations drafted by hard-hearted zealots of the Trump administration will be directed to vouchers, charters, cyber schooling and home schooling.

Don’t be fooled: The Trump administration wants to destroy public schools.

Jan writes:

In a recent column in the Washington Post, Arne Duncan suggested that even Democrat-led states can opt into the One Big Beautiful Bill’s tax credit school voucher program and redirect the funds into public schools or at least into programs that support achievement in public schools as a way to replace COVID American Rescue Plan funds that have run out. “This solution is a no-brainer,” he declares.

Here is Arne’s prescription: “The new federal tax credit scholarship program, passed as part of the One Big Beautiful Bill Act, allows taxpayers to claim a dollar-for-dollar federal tax credit for donations to scholarship-granting organizations, or SGOs. These SGOs can fund a range of services already embraced by blue-state leaders, such as tutoring, transportation, special education services and learning technology. For both current governors and gubernatorial candidates, it’s a chance to show voters that they’re willing to do what it takes to deliver for students and families, no matter where the ideas originate.  By opting in, a governor unlocks these resources for students in their state. Some Democratic leaders have hesitated, however, worried that the program could be seen as undermining public schools, since private scholarships are also eligible. But that misses the point.”

Remember that Arne Duncan launched Race to the Top, which brought No Child Left Behind’s test-and-punish regime into the Obama years by offering gigantic federal grants as a bribe for states to turn around their lowest scoring 5% of public schools with rigid improvement plans—with the schools that failed to improve being closed or charterized—and with the teachers being held accountable and punished if they couldn’t quickly raise test scores. Because none of Arne’s programs worked out, I am hesitant to take Arne Duncan’s advice.

It is wiser to heed Kevin Welner’s warning in a new policy memo: Governors Beware: The Voucher Advocates in DC Are Not Serious about Returning Education to the States.  Welner is a professor of education policy at the University of Colorado, Boulder and the director of the National Education Policy Center.

Welner explains that the One Big Beautiful Bill requires the governors of the states to opt into the federal tax credit vouchers (or choose to opt out).  As Welner lists how the money can be used, it is clear that the federal dollars can be spent on private education but that, in addition, some programs supporting public schools themselves or their students could qualify: “Under the OBBB, nonprofit Scholarship Granting Organizations (SGOs) in states opting into the program are authorized to pool the donated money and then hand out “scholarships” for students’ ‘qualified elementary or secondary education expense[s].’ This is limited to the expenses allowed for Coverdell Savings Accounts,¹ which are tied to school-related needs, such as tuition, fees, and academic tutoring; special needs services in the case of a special needs beneficiary; books, supplies and other equipment; computer technology, equipment, and Internet access for the use of the beneficiary; and, in some cases, room and board, uniforms, transportation, and extended day (after-school) programs.”

Welner continues: “This idea of ensuring that each state could implement the program in ways that allow all flexibility is consistent with the Trump administration’s vociferous embrace of “returning education quite simply back to the states where it belongs.”  Welner, however, remains skeptical that the Trump administration really plans to return control of federal dollars back to the states:

Unfortunately, the U.S. Treasury Department rulemaking is likely to deny states the promised flexibility, notwithstanding the administration’s rhetoric about ‘returning education to the states.’ While the law’s ardent supporters may want Democratic governors to participate, they don’t want to give them the flexibility permitted by the law itself… (T)he key issues for state leaders, particularly the governors who will make the opt-out or opt-in decision in most states, involve whether they can shape the program as it is implemented in their states.” Welner lists key concerns for governors and for those of us who have watched the damage done by the voucher programs now established by many state legislatures. “Governors will want to know… if they can:

  1. “Place requirements on SGOs involving reporting, governance, transparency, access, non-discrimination, profiteering, and prioritization of students with greater need;
  2. “Require that schools and other vendors… be accessible to students and not engage in discrimination against protected groups of students, including members of the LGBTQ+ community;
  3. “Put quality-control policies in place to weed out the lowest-quality of these vendors;
  4. “Limit the program to just one or two of the Coverdell categories, ideally research-based options such as high-impact tutoring and after-school programs.”

Welner warns, however, that powerful advocates at the federal level are “pushing hard for regulations that slam the door on any approach that does not further the growth of largely unregulated voucher programs.”

He recounts many of the problems with state level private school tuition vouchers:  Josh Cowen’s research documenting low academic achievement in voucher programs in Louisiana, Indiana and Ohio; the failure of voucher programs to protect students’ civil rights; “free-exercise” justification for public dollars diverted to religious schools; failure to provide programs for disabled students; diversion of massive state dollars to support private school tuition for wealthy students; and states’ failure to regulate teacher qualifications, curriculum, equal access, and oversight of tax dollars.

Welner thinks governors might do well to wait to make the decision about opting in until they can review the formal guidance which will eventually be provided by the U.S. Treasury Department. “(F)or state leaders who are tempted to opt in, that decision could be publicly announced as conditional on the Treasury regulations allowing the state the flexibility to include specified access, quality, and non-discrimination protections for the state’s students. “

He concludes: “In sum, the federal scholarship tax credit may look to some state leaders like an opportunity to secure additional resources for students, but the risks are profound. The structure of the law, coupled with the likely direction of Treasury rulemaking, points toward a program designed not to empower states but to constrain them—pushing states into a rigid, federally controlled voucher system that undermines educational equity and quality and presents long-run threats to the fiscal stability of public schools.”


¹https://www.law.cornell.edu/uscode/text/26/530   The term “Coverdell education savings account” means a trust created or organized in the United States exclusively for the purpose of paying the qualified education expenses of an individual who is the designated beneficiary of the trust (and designated as a Coverdell education savings account at the time created or organized), but only if the written governing instrument creating the trust meets the following requirements….”

Judge J. Michael Luttig was appointed to the Fourth Circuit Court of Appeals in 1991 by President George H.W. Bush, where he served until 2006. He was a prominent conservative jurist, but was repulsed by the Trump regime, especially Trump’s contempt for the Constitution and the rule of law. He became one of the most outspoken critics of Trump. In this post, he criticized the Supreme Court for ignoring death threats to judges who disagreed with Trump.

He wrote:

This week, David French and I have both addressed the death threats on the lives of the federal judges who dare to rule against Donald Trump.

David did so this morning in the chilling piece in the New York Times linked below, and I did so on Tuesday in an hour-long interview with Meghna Chakrabarti of NPR’s On Point, one of the most thoughtful, intelligent interviewers I have ever had the pleasure to talk with.

During my conversation with Meghna, she played on air the actual audio of the death threat made to Federal Judge John McConnell referenced in David’s article. It was bone chilling. When Meghna asked for my reaction to the threat, I first thanked her on behalf of the entire Federal Judiciary for playing the audio for all of America to hear and then said “America is weeping at this moment, Meghna. America is weeping. I wish you could send this audio to the Supreme Court of the United States.”

I went on to say that the unconscionable attacks on the federal courts and individual federal judges by Donald Trump and his Attorney General will not only continue, but will continue to escalate until Chief Justice John Roberts and the Supreme Court of the United States denounce the President and the Attorney General for their unconscionable threats against the nation’s Federal Judiciary.

I explained that up to now, the Chief Justice and the Supreme Court have acquiesced in these assaults on the federal courts, tacitly condoning them, when the Chief Justice and the Court have no higher obligation under the Constitution of the United States of America than to denounce these attacks.

After my interview with Meghna, I forwarded the audio of the death threat to Judge McConnell to a number of the national media, with a note saying simply that “if the national media would saturate the American public with this chilling death threat against Judge McConnell, it could change the course of history.”

David French:

“Have you ever written words that you thought might get you killed? Have you ever written words that you worry might get someone you love killed?

That’s the reality that federal judges are facing across the nation. Our awful era of intimidation and political violence has come for them, and it represents a serious threat to the independence and integrity of the American judiciary.”

https://www.nytimes.com/2025/08/07/opinion/judges-courts-threats-fear.html


https://www.wbur.org/onpoint/2025/08/05/judiciary-judge-j-michael-luttig-trump

If you have ever wondered why I am crazy about Peter Greene, wonder no more. Just read this post that appeared on his blog. Peter is consistently smart, funny, wise, and insightful. He has a way with words. He is unerring in spotting phonies. He is fearless. Let me say it out loud: I love Peter Greene!

He wrote about the article that exposed Duncan’s true views. Until now, some of us had only inferred who he is. Now we know. Duncan”political advice” to Democrats–adopt Republican policies– is hilarious in light of Tuesday’s election results: across the nation, Democrats won school board races, and every Moms for Liberty candidate lost.

Peter Greene writes:

Mind you, on education, Duncan was always the kind of Democrat largely indistinguishable from a Republican, but with his latest print outburst (in the Washington Post, because of course it was), he further reduces the distance between himself and his successor as Secretary of Education, Betsy DeVos. 

For this one, he teamed up with Jorge Elorza, head honcho at DFER/Education Reform Now, the hedge fundie group set up to convince Democrats that they should agree with the GOP on education.

It’s yet another example of reformsters popping up to argue that what’s really needed in education is a return to all the failed reform policies of fifteen years ago. I don’t know what has sparked this nostalgia– have they forgotten, or do they just think we have forgotten, or do they still just not understand how badly test-and-punish flopped, how useless the Common Core was, and how school choice has had to abandon claims that choice will make education better in this country.

But here come Duncan and Elorza with variations on the same old baloney.

First up– chicken littling over NAEP scores. They’re dipping! They’re low! And they’ve been dipping ever since 2010s. Whatever shall we do?

Who do Duncan and Elorza think holds the solution? Why, none other than Donald Trump.

Seriously. They are here to pimp for the federal tax credit voucher program, carefully using the language that allows them to pretend that these vouchers aren’t vouchers or tax shelters.

The new federal tax credit scholarship program, passed as part of the One Big Beautiful Bill Act, allows taxpayers to claim a dollar-for-dollar federal tax credit for donations to scholarship-granting organizations, or SGOs. These SGOs can fund a range of services already embraced by blue-state leaders, such as tutoring, transportation, special-education services and learning technology. For both current and incoming governors, it’s a chance to show voters that they’re willing to do what it takes to deliver for students and families, no matter where the ideas originate.

The encourage governors to “unlock these resources” as if these are magic dollars stored in a lockbox somewhere and not dollars that are going to be redirected from the United States treasury to land instead in some private school’s bank account.

Democratic governors are reluctant to get into a program that “could be seen as undermining public schools.” But hey– taking these vouchers “doesn’t take a single dollar from state education budgets” says Duncan, sounding exactly like DeVos when she was pushing the same damned thing. And this line of bullshit:

It simply opens the door to new, private donations, at no cost to taxpayers, that can support students in public and nonpublic settings alike.

“At no cost to taxpayers” is absolute baloney. Every dollar is a tax dollar not paid to the government, so the only possible result must be either reduction in services, reduction in subsidies, or increase in the deficit. I guess believing in Free Federal Money is a Democrat thing.

The “support students in public and nonpublic settings” is carefully crafted baloney language as well. Federal voucher fans keep pushing the public school aspect, but then carefully shading it as money spent on tutors or uniforms or transportation and not actual schools. And they are just guessing that any of that will be acceptable because the rules for these federal vouchers aren’t written yet.

Duncan and Elorza want to claim that this money will, “in essence,” replace the disappearing money from the American Rescue Plan Act. “In essence” is doing Atlas-scale lifting here because, no, it will not. The voucher money will be spent in different ways by different people on different stuff. They are not arguing that this money will help fund public schools– just that it might fund some stuff that is sort of public education adjacent.

But how about some “analysis” from Education Reform Now, which claims that the potential scale is significant.” They claim that “the federal tax credit scholarship program could generate $3.1 billion in California, nearly $986 million in Illinois and nearly $86 million in Rhode Island each year,” drifting ever closer to “flat out lie” territory, because the federal vouchers won’t “generate” a damned cent. Pretending these numbers are real, that’s $3.1 billion in tax dollars that will go to SGOs in the state instead of the federal government. It’s redirected tax revenue, not new money. Will the feds just eat that $3.1 billion shortfall, or cut, say, education funding to California? Next time I get a flat tire, will I generate a new tire from the trunk? I think not.

In classic Duncan, he would like you to know that not following his idea makes you a Bad Person. Saying no to the federal vouchers is a “moral failure.”

Next up: Political advice.

Over the past decade, Democrats have watched our party’s historical advantage on education vanish.

Yeah, Arne, it’s more than a decade, and it has happened because you and folks like you have decided that attacking and denigrating the public education system would be a great idea. You and your ilk launched and supported policies based on the assumption that all problems in school were the sole treatable cause of economic and social inequity in this country, and that those problems were the result of really bad teachers, so a program of tests followed by punishment would make things better in schools (and erase poverty, too).

But now the GOP states are getting higher NAEP scores, so that means… something?

This is Democrats’ chance to regain the educational and moral high ground. To remind the country that Democrats fight to give every child a fair shot and that we’ll do whatever it takes to help kids catch up, especially those left behind for too long.

Yes, Democrats– you can beat the Republicans by supporting Republican policies. And that “we’ll do whatever it takes to help kids catch up” thing? You had a chance to do that, and you totally blew it. Defund, dismantle and privatize public schools was a lousy approach. It’s still a lousy approach.

Opting in to the federal tax credit scholarship program isn’t about abandoning Democratic values — it’s about fulfilling them.

When it comes to public education, it’s not particularly clear what Democratic values even are these days, and my tolerance for party politics is at an all time low. But I am quite sure that the interests of students, families, teachers, and public education are not served by having the GOP offer a shit sandwich and the Democrats countering with, “We will also offer a shit sandwich, but we will say nice things about it and draw a D on it with mayonnaise.”

We have always heard that Arne Duncan is a nice guy, and I have no reason to believe that’s not true. But what would really be nice would be for him to go away and never talk about education ever again. Just go have a nice food truck lunch with Betsy DeVos.

I love and admire Rabbi Sharon Kleinbaum. She recently retired as the leader of the nation’s largest LGBT synagogue. She looks 16, but she’s not. She is one of the wisest people I know. She is a fighter for justice and kindness. She is fearless.

You will enjoy this interview. And you will learn by listening.