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.

In Pennsylvania school board races, extremists who provoked battles over culture war issues were ousted. One winner said that parents looked forward to the days when school board meetings were “boring,” not divisive.

Pittsburgh’s NPR station WESA reported:

A slate of Democratic candidates won four seats on the Pine-Richland school board last night and unseated one incumbent with ties to a statewide movement of conservative education leaders.

The sweep capped an Election Day marked by Democratic victories in school board races statewide.

Pine-Richland electee Randy Augustine and his peers on the Together for PR slate won over voters with slogans like “excellence over extremism.”

“School board positions are theoretically supposed to be non-partisan, non-political positions,” Augustine said. “A number of the school board members were trying to push a political agenda, focusing on culture war issues, not focusing on the students.”

The Republican-led school board initiated policies that gave board members the final say over which books were included in school libraries and challenged books with LGBTQ characters. The district’s teachers union issued a vote of no confidence in the majority of school board members this spring.

“ It was becoming toxic, and the turmoil, I think, was spreading,” said fellow Together for PR winner Melissa Vecchi. “People just wanted to see it back to boring.”

On election night, Zohran Mamdani gave the following speech, celebrating his victory and also the multicultural coalition that made his victory possible. He is now the Mayor-elect of New York City. He is 34 years old, the youngest Mayor in more than a century. He was born in Uganda to Indian parents. His father is a professor of African Studies at Columbia Unicersity, his mother is a noted film-maker. He is a graduate of the Bronx High School of Sciebce–a selective public high school–and Bowdoin College. He was elected to the State Assembly in 2032, representing the Astoria district of Queens

This transcript was published by The Guardian..

The sun may have set over our city this evening, but as Eugene Debs once said: “I can see the dawn of a better day for humanity.”

For as long as we can remember, the working people of New York have been told by the wealthy and the well-connected that power does not belong in their hands.

Fingers bruised from lifting boxes on the warehouse floor, palms calloused from delivery bike handlebars, knuckles scarred with kitchen burns: these are not hands that have been allowed to hold power. And yet, over the last 12 months, you have dared to reach for something greater.

Tonight, against all odds, we have grasped it. The future is in our hands. My friends, we have toppled a political dynasty.

I wish Andrew Cuomo only the best in private life. But let tonight be the final time I utter his name, as we turn the page on a politics that abandons the many and answers only to the few. New York, tonight you have delivered. A mandate for change. A mandate for a new kind of politics. A mandate for a city we can afford. And a mandate for a government that delivers exactly that.

On 1 January, I will be sworn in as the mayor of New York City. And that is because of you. So before I say anything else, I must say this: thank you. Thank you to the next generation of New Yorkers who refuse to accept that the promise of a better future was a relic of the past.

You showed that when politics speaks to you without condescension, we can usher in a new era of leadership. We will fight for you, because we are you.

Or, as we say on Steinway, ana minkum wa alaikum.

Thank you to those so often forgotten by the politics of our city, who made this movement their own. I speak of Yemeni bodega owners and Mexican abuelas. Senegalese taxi drivers and Uzbek nurses. Trinidadian line cooks and Ethiopian aunties. Yes, aunties.

To every New Yorker in Kensington and Midwood and Hunts Point, know this: this city is your city, and this democracy is yours too. This campaign is about people like Wesley, an 1199 organizer I met outside of Elmhurst hospital on Thursday night. A New Yorker who lives elsewhere, who commutes two hours each way from Pennsylvania because rent is too expensive in this city.

It’s about people like the woman I met on the Bx33 years ago who said to me: “I used to love New York, but now it’s just where I live.” And it’s about people like Richard, the taxi driver I went on a 15-day hunger strike with outside of City Hall, who still has to drive his cab seven days a week. My brother, we are in City Hall now.

This victory is for all of them. And it’s for all of you, the more than 100,000 volunteers who built this campaign into an unstoppable force. Because of you, we will make this city one that working people can love and live in again. With every door knocked, every petition signature earned, and every hard-earned conversation, you eroded the cynicism that has come to define our politics.

Now, I know that I have asked for much from you over this last year. Time and again, you have answered my calls – but I have one final request. New York City, breathe this moment in. We have held our breath for longer than we know.

We have held it in anticipation of defeat, held it because the air has been knocked out of our lungs too many times to count, held it because we cannot afford to exhale. Thanks to all of those who sacrificed so much. We are breathing in the air of a city that has been reborn.

To my campaign team, who believed when no one else did and who took an electoral project and turned it into so much more: I will never be able to express the depth of my gratitude. You can sleep now.

To my parents, mama and baba: You have made me into the man I am today. I am so proud to be your son. And to my incredible wife, Rama, hayati: There is no one I would rather have by my side in this moment, and in every moment.

To every New Yorker – whether you voted for me, for one of my opponents or felt too disappointed by politics to vote at all – thank you for the opportunity to prove myself worthy of your trust. I will wake each morning with a singular purpose: to make this city better for you than it was the day before.

There are many who thought this day would never come, who feared that we would be condemned only to a future of less, with every election consigning us simply to more of the same.

And there are others who see politics today as too cruel for the flame of hope to still burn. New York, we have answered those fears.

Tonight we have spoken in a clear voice. Hope is alive. Hope is a decision that tens of thousands of New Yorkers made day after day, volunteer shift after volunteer shift, despite attack ad after attack ad. More than a million of us stood in our churches, in gymnasiums, in community centers, as we filled in the ledger of democracy.

And while we cast our ballots alone, we chose hope together. Hope over tyranny. Hope over big money and small ideas. Hope over despair. We won because New Yorkers allowed themselves to hope that the impossible could be made possible. And we won because we insisted that no longer would politics be something that is done to us. Now, it is something that we do.

Standing before you, I think of the words of Jawaharlal Nehru: “A moment comes, but rarely in history, when we step out from the old to the new, when an age ends, and when the soul of a nation, long suppressed, finds utterance.”

Tonight we have stepped out from the old into the new. So let us speak now, with clarity and conviction that cannot be misunderstood, about what this new age will deliver, and for whom.

This will be an age where New Yorkers expect from their leaders a bold vision of what we will achieve, rather than a list of excuses for what we are too timid to attempt. Central to that vision will be the most ambitious agenda to tackle the cost-of-living crisis that this city has seen since the days of Fiorello La Guardia: an agenda that will freeze the rents for more than 2 million rent-stabilized tenants, make buses fast and free, and deliver universal childcare across our city.

Years from now, may our only regret be that this day took so long to come. This new age will be one of relentless improvement. We will hire thousands more teachers. We will cut waste from a bloated bureaucracy. We will work tirelessly to make lights shine again in the hallways of NYCHA developments where they have long flickered.

Safety and justice will go hand in hand as we work with police officers to reduce crime and create a department of community safety that tackles the mental health crisis and homelessness crises head on. Excellence will become the expectation across government, not the exception. In this new age we make for ourselves, we will refuse to allow those who traffic in division and hate to pit us against one another.

In this moment of political darkness, New York will be the light. Here, we believe in standing up for those we love, whether you are an immigrant, a member of the trans community, one of the many Black women that Donald Trump has fired from a federal job, a single mom still waiting for the cost of groceries to go down, or anyone else with their back against the wall. Your struggle is ours, too.

And we will build a City Hall that stands steadfast alongside Jewish New Yorkers and does not waver in the fight against the scourge of antisemitism. Where the more than 1 million Muslims know that they belong – not just in the five boroughs of this city, but in the halls of power.

No more will New York be a city where you can traffic in Islamophobia and win an election. This new age will be defined by a competence and a compassion that have too long been placed at odds with one another. We will prove that there is no problem too large for government to solve, and no concern too small for it to care about.

For years, those in City Hall have only helped those who can help them. But on 1 January, we will usher in a city government that helps everyone.

Now, I know that many have heard our message only through the prism of misinformation. Tens of millions of dollars have been spent to redefine reality and to convince our neighbors that this new age is something that should frighten them. As has so often occurred, the billionaire class has sought to convince those making $30 an hour that their enemies are those earning $20 an hour.

They want the people to fight amongst ourselves so that we remain distracted from the work of remaking a long-broken system. We refuse to let them dictate the rules of the game any more. They can play by the same rules as the rest of us.

Together, we will usher in a generation of change. And if we embrace this brave new course, rather than fleeing from it, we can respond to oligarchy and authoritarianism with the strength it fears, not the appeasement it craves.

After all, if anyone can show a nation betrayed by Donald Trump how to defeat him, it is the city that gave rise to him. And if there is any way to terrify a despot, it is by dismantling the very conditions that allowed him to accumulate power.

This is not only how we stop Trump; it’s how we stop the next one. So, Donald Trump, since I know you’re watching, I have four words for you: Turn the volume up.

We will hold bad landlords to account because the Donald Trumps of our city have grown far too comfortable taking advantage of their tenants. We will put an end to the culture of corruption that has allowed billionaires like Trump to evade taxation and exploit tax breaks. We will stand alongside unions and expand labor protections because we know, just as Donald Trump does, that when working people have ironclad rights, the bosses who seek to extort them become very small indeed.

New York will remain a city of immigrants: a city built by immigrants, powered by immigrants and, as of tonight, led by an immigrant.

So hear me, President Trump, when I say this: to get to any of us, you will have to get through all of us. When we enter City Hall in 58 days, expectations will be high. We will meet them. A great New Yorker once said that while you campaign in poetry, you govern in prose.

If that must be true, let the prose we write still rhyme, and let us build a shining city for all. And we must chart a new path, as bold as the one we have already traveled. After all, the conventional wisdom would tell you that I am far from the perfect candidate.

I am young, despite my best efforts to grow older. I am Muslim. I am a democratic socialist. And most damning of all, I refuse to apologize for any of this.

And yet, if tonight teaches us anything, it is that convention has held us back. We have bowed at the altar of caution, and we have paid a mighty price. Too many working people cannot recognize themselves in our party, and too many among us have turned to the right for answers to why they’ve been left behind.

We will leave mediocrity in our past. No longer will we have to open a history book for proof that Democrats can dare to be great.

Our greatness will be anything but abstract. It will be felt by every rent-stabilized tenant who wakes up on the first of every month knowing the amount they’re going to pay hasn’t soared since the month before. It will be felt by each grandparent who can afford to stay in the home they have worked for, and whose grandchildren live nearby because the cost of childcare didn’t send them to Long Island.

It will be felt by the single mother who is safe on her commute and whose bus runs fast enough that she doesn’t have to rush school drop-off to make it to work on time. And it will be felt when New Yorkers open their newspapers in the morning and read headlines of success, not scandal.

Most of all, it will be felt by each New Yorker when the city they love finally loves them back.

Together, New York, we’re going to freeze the rent together, New York, we’re going to make buses fast and free together, New York, we’re going to deliver universal childcare.

Let the words we’ve spoken together, the dreams we’ve dreamt together, become the agenda we deliver together. New York, this power, it’s yours. This city belongs to you.