Trump Assembling ‘All-Star’ Legal Team To Challenge Elections In Close States: Report

Trump Assembling ‘All-Star’ Legal Team To Challenge Elections In Close States: Report

Tyler Durden

Wed, 11/04/2020 – 16:20

With tempers flaring over mysterious overnight ‘ballot dumps’ and questionable pro-Biden rulings leading up to Tuesday’s election, President Trump’s campaign on Wednesday began assembling an all-star legal team to mount challenges in key states, beginning with a Court of Claims lawsuit in Michigan, according to Just the News‘ John Solomon.

Trump attorney Jay Sekulow

The team will include Trump attorneys Jay Sekulow and Rudy Giuliani, along with former Florida AG Pam Bondi. Michael Flynn attorney Sidney Powell may also be called upon, according to officials.

“As votes in Michigan continue to be counted, the presidential race in the state remains extremely tight as we always knew it would be. President Trump’s campaign has not been provided with meaningful access to numerous counting locations to observe the opening of ballots and the counting process, as guaranteed by Michigan law,” said Trump campaign manager Bill Stepien, after the legal team filed an action in the Court of Claims seeking to halt vote counting until irregularities are addressed.

“We have filed suit today in the Michigan Court of Claims to halt counting until meaningful access has been granted. We also demand to review those ballots which were opened and counted while we did not have meaningful access. President Trump is committed to ensuring that all legal votes are counted in Michigan and everywhere else.”

Giuliani, meanwhile, is heading to Pennsylvania to get eyes on the counting situation.

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The U.S. Officially Withdraws from the Paris Agreement on Climate Change

ParisClimate2015

The United States withdrew today from the Paris Agreement on Climate Change. The agreement aims at limiting the increase of global average temperature to below 2 degrees Celsius above its pre-industrial level. Signatories to the agreement each make voluntary pledges, called nationally determined contributions (NDC), outlining how they plan to address the problem of man-made climate change.

Back in 2017, President Donald Trump made the decision to withdraw the United States from the Paris Agreement. On November 4, 2019, the Department of State submitted to the United Nations the notification that our country was formally leaving the Paris Agreement. Under that agreement, the withdrawal takes effect one year from delivery of the notification.

Back in 2015, the Obama administration submitted its NDC promising to reduce the United States’ emissions of greenhouse gases by 2020 to below 17 percent of its 2005 level, and by 26 to 28 percent by 2025. According to a January 2020 report by the Rhodium Group consultancy, U.S. emissions of greenhouse gases had by 2019 cumulatively declined 12.3 percent relative to their 2005 levels. The decline largely resulted from the shift from coal to natural gas to generate electricity. The report added that the fact that since the U.S. had achieved no net reductions in greenhouse gas emissions over the past three years, aiming to meet the Obama NDC targets would be “extremely challenging.”

Of course, by withdrawing from the Paris Agreement, the Trump administration has basically made those Obama-era NDC emissions reduction goals null and void. In its 2020 reference case that assumes no new laws or regulations aiming to cut emissions, the Energy Information Administration projects that U.S. emissions of carbon dioxide, the chief greenhouse gas, will be basically flat through 2050.

Should Joe Biden win the presidential election, he has promised to re-enter the Paris Agreement on day one of his administration, when presumably he would reaffirm the NDC commitments made by the Obama administration to cut greenhouse gas emissions by 26 to 28 percent by 2025. 

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Michigan Voters Demand That Police Get Warrants for Electronic Data

lockedphone_1161x653

Michigan voters Tuesday night had a message for police: Get a warrant. Yes, for their phones, too.

Voters overwhelmingly approved Michigan Proposal 2. The referendum, put to the ballot by lawmakers, amends the state constitution to add “electronic data and electronic communications” to the state’s search and seizure laws.

With 88 percent of the vote counted, Michigan voters approved the protections. The measure passed with 88 percent of the vote, more than 3.8 million votes of support.

The relevant part of the state’s constitution will now read:

The person, houses, papers, possessions, and electronic data and electronic communications of every person shall be secure from unreasonable searches and seizures. No warrant to search any place or to seize any person or things or to access electronic data or electronic communications shall issue without describing them, nor without probable cause, supported by oath or affirmation. The provisions of this section shall not be construed to bar from evidence in any criminal proceeding any narcotic drug, firearm, bomb, explosive or any other dangerous weapon, seized by a peace officer outside the curtilage of any dwelling house in this state.

Ballotpedia notes that the changes passed unanimously through both Michigan’s House and Senate in June before being sent to voters for approval.

It’s another nice little reminder that there were a lot of liberty-minded ballot initiatives that did very well last night that shouldn’t be ignored as so many people obsess over who will control the White House and Congress.  

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The U.S. Officially Withdraws from the Paris Agreement on Climate Change

ParisClimate2015

The United States withdrew today from the Paris Agreement on Climate Change. The agreement aims at limiting the increase of global average temperature to below 2 degrees Celsius above its pre-industrial level. Signatories to the agreement each make voluntary pledges, called nationally determined contributions (NDC), outlining how they plan to address the problem of man-made climate change.

Back in 2017, President Donald Trump made the decision to withdraw the United States from the Paris Agreement. On November 4, 2019, the Department of State submitted to the United Nations the notification that our country was formally leaving the Paris Agreement. Under that agreement, the withdrawal takes effect one year from delivery of the notification.

Back in 2015, the Obama administration submitted its NDC promising to reduce the United States’ emissions of greenhouse gases by 2020 to below 17 percent of its 2005 level, and by 26 to 28 percent by 2025. According to a January 2020 report by the Rhodium Group consultancy, U.S. emissions of greenhouse gases had by 2019 cumulatively declined 12.3 percent relative to their 2005 levels. The decline largely resulted from the shift from coal to natural gas to generate electricity. The report added that the fact that since the U.S. had achieved no net reductions in greenhouse gas emissions over the past three years, aiming to meet the Obama NDC targets would be “extremely challenging.”

Of course, by withdrawing from the Paris Agreement, the Trump administration has basically made those Obama-era NDC emissions reduction goals null and void. In its 2020 reference case that assumes no new laws or regulations aiming to cut emissions, the Energy Information Administration projects that U.S. emissions of carbon dioxide, the chief greenhouse gas, will be basically flat through 2050.

Should Joe Biden win the presidential election, he has promised to re-enter the Paris Agreement on day one of his administration, when presumably he would reaffirm the NDC commitments made by the Obama administration to cut greenhouse gas emissions by 26 to 28 percent by 2025. 

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Voters Demanded More Accountability From Prosecutors and Police on Election Night

policeprotests_1161x653

Criminal justice reform advocates continued to make gains at the local level in the 2020 election, as progressive candidates in several major cities won elections for district attorneys and voters in other cities passed measures strengthening civilian oversight of police departments.

Over the past several election cycles, a wave of well-funded progressive candidates have run for prosecutor offices in major cities, turning what were once sleepy races into hotly contested battles over criminal justice reform. That trend continued on Tuesday night.

In what was perhaps most significant of the local prosecutor races, Los Angeles County, George Gascon beat incumbent District Attorney Jackie Lacey 54 to 46 percent. Lacey was criticized by Black Lives Matter activists for failing to prosecute fatal police shootings. Gascon, the former San Francisco County district attorney, has promised to re-open investigations of police killings, focus on rehabilitation and drug treatment over incarceration, and not seek the death penalty. He will now be the chief prosecutor of the most populous county in America.

“I think that this has been a campaign that has been driven by passion, by an honest commitment to reimagine our criminal justice system, moving away from punishment,” Gascon told ABC7. “It’s really about redemption.”

Voters in Austin, Texas, and Orlando, Florida also elected two former defense attorneys to be their top prosecutors, and in Honolulu, Hawaii, a retired judge running on a reform platform was elected district attorney. The current Honolulu prosecutor is on paid leave amid an FBI investigation.

Cook County State Attorney Kim Foxx, one of the first reform candidates to take over a major prosecutor’s office in 2016, cruised to reelection.

Meanwhile, the race for New Orleans District Attorney will go to a run-off between two candidates who have both pledged to reform the office, to differing degrees. The Orleans Parish District Attorney’s Office became a high-priority target for criminal justice reformers after 12-year incumbent D.A. Leon Cannizzaro announced that he would not seek reelection. Cannizzaro’s office is currently fighting an ACLU lawsuit over its practice of sending fake subpoenas to crime witnesses and victims. His office once used a habitual offender enhancement to get a man convicted of stealing a candy bar sentenced to 20 years to life in prison.

Challengers failed to knock off incumbent prosecutors in other jurisdictions, though. In Cincinnati, pro-death penalty Hamilton County Prosecutor Joe Deters secured a seventh term in office. In Charleston, South Carolina, Ben Pogue, who campaigned against mass incarceration, failed to unseat the incumbent prosecutor in the race for Ninth Circuit Solicitor.

Several major cities also approved ballot measures to create civilian oversight panels to monitor and investigate police misconduct allegations. San Francisco voters appear to have overwhelmingly passed a measure to create a Sheriff’s Department Oversight Board and an inspector general’s office to review misconduct and in-custody deaths.

Voters in Portland, Oregon, and Columbus, Ohio, also approved ballot measures to create new police oversight panels by significant margins: 80 percent and 74 percent, respectively.

San Diego appears to be on its way to passing a measure that will dissolve the city’s current police review board and create a new Commission on Police Practices. 

And in Philadelphia and Pittsburgh, initiatives to create and strengthen civilian police oversights panels, respectively, appear to be passing as well.

Results for reformers in the many notable state ballot initiatives involving criminal justice issues were positive, overall. Of nine state ballot initiatives legalizing or decriminalizing various drugs, not a single one failed. As Reason‘s Jacob Sullum noted, if recreational marijuana legalization can pass in a deep-red state like South Dakota, it’s a sign that drug prohibition may collapse sooner than expected.

California rejected an initiative to reform its cash bail system, but approved another to restore voting rights to those on parole. Oklahoma voters soundly defeated a ballot initiative that would have prevented prosecutors from using a defendant’s previous non-violent felonies to seek sentence enhancements.

Taylor Pendergrass, a deputy director at the American Civil Liberties Union, which supported the Oklahoma initiative, attributed the loss to “fear-mongering and outright misinformation” and said that the ACLU and other groups “will be taking this fight to the legislature and continue our work to end mass incarceration in Oklahoma for many years to come.” 

On the whole, though, American voters continued to reject drug prohibition and demand more accountability from the criminal justice system.

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Stocks & Bonds Surge To Record Post-Election Gain

Stocks & Bonds Surge To Record Post-Election Gain

Tyler Durden

Wed, 11/04/2020 – 16:00

While uncertainty reigns over who will reside in The White House for the next four years, one thing was definitively decided last night, the ‘blue-wave’ crashed and burned…

Source:Bloomberg

Which for many “pollsters” and “experts” was inconceivable a week ago…

And in response, assuming a Biden win and deflationary impulse, stocks and bonds were panic-bid (Nasdaq up a stunning 5% and TSY yields down a shocking 10-15bps)…

Source:Bloomberg

Which is the biggest post-election-day rally for the S&P in history…

Nasdaq was today’s biggest winner however as growth mega-tech was aggressively, and value-heavy Small Caps lagged notably…

The Dow managed to bounce off its 200DMA all the way back above its 50DMA, but this afternoon’s weakness was it battle to keep that…

Bank stocks were battered (especially regional banks) as rates collapsed…

Source:Bloomberg

Growth stocks soared relative to value today…

Source:Bloomberg

In fact it was the worst day for value relative to growth since 2001…

Source:Bloomberg

VIX crashed from over 41 to below 30…

 

Bonds were also well bid today with yields collapsing at the long-end…

Source:Bloomberg

30Y yields fell over 25bps from their overnight highs!!

Source:Bloomberg

That crash in yields pushed them down to critical technical level at 50/200DMA…

Source:Bloomberg

This was the best day for a combined bond/stock book since early April…

Source:Bloomberg

The Dollar’s moves were extreme to say the least…

Source:Bloomberg

The offshore yuan was even more extreme, crashing when Trump’s odds picked up and then exploding higher as Biden’s odds recovered…

Source:Bloomberg

Bitcoin was also bid, topping $14,200 intraday, its highest since Jan 2018…

Source:Bloomberg

Gold futures scrambled back above $1900 after a volatile 12 hours…

 

WTI managed to surge back up to $39…

 

Finally, systemic risk is starting to be lifted as implied correlation drops…

Source:Bloomberg

via ZeroHedge News https://ift.tt/2TQK2us Tyler Durden

Voters Demanded More Accountability From Prosecutors and Police on Election Night

policeprotests_1161x653

Criminal justice reform advocates continued to make gains at the local level in the 2020 election, as progressive candidates in several major cities won elections for district attorneys and voters in other cities passed measures strengthening civilian oversight of police departments.

Over the past several election cycles, a wave of well-funded progressive candidates have run for prosecutor offices in major cities, turning what were once sleepy races into hotly contested battles over criminal justice reform. That trend continued on Tuesday night.

In what was perhaps most significant of the local prosecutor races, Los Angeles County, George Gascon beat incumbent District Attorney Jackie Lacey 54 to 46 percent. Lacey was criticized by Black Lives Matter activists for failing to prosecute fatal police shootings. Gascon, the former San Francisco County district attorney, has promised to re-open investigations of police killings, focus on rehabilitation and drug treatment over incarceration, and not seek the death penalty. He will now be the chief prosecutor of the most populous county in America.

“I think that this has been a campaign that has been driven by passion, by an honest commitment to reimagine our criminal justice system, moving away from punishment,” Gascon told ABC7. “It’s really about redemption.”

Voters in Austin, Texas, and Orlando, Florida also elected two former defense attorneys to be their top prosecutors, and in Honolulu, Hawaii, a retired judge running on a reform platform was elected district attorney. The current Honolulu prosecutor is on paid leave amid an FBI investigation.

Cook County State Attorney Kim Foxx, one of the first reform candidates to take over a major prosecutor’s office in 2016, cruised to reelection.

Meanwhile, the race for New Orleans District Attorney will go to a run-off between two candidates who have both pledged to reform the office, to differing degrees. The Orleans Parish District Attorney’s Office became a high-priority target for criminal justice reformers after 12-year incumbent D.A. Leon Cannizzaro announced that he would not seek reelection. Cannizzaro’s office is currently fighting an ACLU lawsuit over its practice of sending fake subpoenas to crime witnesses and victims. His office once used a habitual offender enhancement to get a man convicted of stealing a candy bar sentenced to 20 years to life in prison.

Challengers failed to knock off incumbent prosecutors in other jurisdictions, though. In Cincinnati, pro-death penalty Hamilton County Prosecutor Joe Deters secured a seventh term in office. In Charleston, South Carolina, Ben Pogue, who campaigned against mass incarceration, failed to unseat the incumbent prosecutor in the race for Ninth Circuit Solicitor.

Several major cities also approved ballot measures to create civilian oversight panels to monitor and investigate police misconduct allegations. San Francisco voters appear to have overwhelmingly passed a measure to create a Sheriff’s Department Oversight Board and an inspector general’s office to review misconduct and in-custody deaths.

Voters in Portland, Oregon, and Columbus, Ohio, also approved ballot measures to create new police oversight panels by significant margins: 80 percent and 74 percent, respectively.

San Diego appears to be on its way to passing a measure that will dissolve the city’s current police review board and create a new Commission on Police Practices. 

And in Philadelphia and Pittsburgh, initiatives to create and strengthen civilian police oversights panels, respectively, appear to be passing as well.

Results for reformers in the many notable state ballot initiatives involving criminal justice issues were positive, overall. Of nine state ballot initiatives legalizing or decriminalizing various drugs, not a single one failed. As Reason‘s Jacob Sullum noted, if recreational marijuana legalization can pass in a deep-red state like South Dakota, it’s a sign that drug prohibition may collapse sooner than expected.

California rejected an initiative to reform its cash bail system, but approved another to restore voting rights to those on parole. Oklahoma voters soundly defeated a ballot initiative that would have prevented prosecutors from using a defendant’s previous non-violent felonies to seek sentence enhancements.

Taylor Pendergrass, a deputy director at the American Civil Liberties Union, which supported the Oklahoma initiative, attributed the loss to “fear-mongering and outright misinformation” and said that the ACLU and other groups “will be taking this fight to the legislature and continue our work to end mass incarceration in Oklahoma for many years to come.” 

On the whole, though, American voters continued to reject drug prohibition and demand more accountability from the criminal justice system.

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‘Deep State Judge’ “Shocked” At USPS Election Failures, May Order Postmaster General To Testify

‘Deep State Judge’ “Shocked” At USPS Election Failures, May Order Postmaster General To Testify

Tyler Durden

Wed, 11/04/2020 – 15:45

US District Judge Emmet Sullivan may haul Postmaster General Louis DeJoy into court to testify over why the USPS failed to follow court orders to conduct a ‘mandatory sweep’ of mail-processing facilities to look for undelivered ballots by 3 p.m. on election day.

“At some point, the postmaster is either going to have to be deposed or appear before me and testify under oath,” said Sullivan – who made headlines earlier this year after fighting the DOJ’s request to drop the case against former National Security Adviser Michael Flynn – leading some to speculate that he’s a ‘deep state’ judge.

The court has been very clear that it expects full compliance” with his orders, Sullivan added, blasting the US Postal Service’s legal team for failing to promptly notify him after the agency realized it couldn’t meet the deadline he established for the agency in more than a dozen troubled regions, “many in Democratic-leaning urban areas or swing states,” according to Bloomberg.

The court would have been very sensitive to any complaints that it was impossible to comply with the order,” said Sullivan, adding “It just leaves a bad taste in everyone’s mouth for the clock to run out, game over. There was not compliance with a very important court order.”

Sullivan said he was “shocked” that his order wasn’t followed. (Unsurprisingly, he wasn’t ‘shocked’ when Flynn’s former legal counsel – from Eric Holder’s law firm – didn’t fully comply with his order to turn over potentially exculpatory evidence to Flynn’s new legal team).

On-time delivery has taken on a new urgency amid a surge in the use of mail-in ballots during the pandemic and Republican efforts to block the counting of ballots that arrive after Election Day. Lawyers for the plaintiffs in the case, including the NAACP, said it was imperative for the USPS to focus on continuing to deliver ballots in states that have extended deadlines for accepting votes postmarked by Nov. 3. Sullivan asked to hear testimony later Wednesday from USPS executive manager Kevin Bray, the lead for processing 2020 election mail. -Bloomberg

Sullivan’s order to sweep included facilities in Democratic strongholds such as Philadelphia, Atlanta, Detroit and Houston, as well as battleground states such as Florida and Arizona. Facilities which were targeted were suffering from ‘substandard performance’ for delivery of election mail, according to the report.

On Wednesday, the agency said it had searched for ballots in over 200 facilities.

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Bureaucrats Declare War on Learning Pods. They’ll Lose.

westendrf559630

As already unimpressive government schools fail the test put to them by the pandemic, families have turned to alternatives old and new to see that their children are educated. Among the popular responses have been learning pods of cooperating families, either to facilitate and enhance the online offerings of public-school systems or else to replace them as stand-alone education environments.

School bureaucrats have responded not by stepping-up their efforts, but by first begging people not to leave, and then lashing out against the competition. It’s an ill-conceived war that they’re bound to lose.

With schools struggling to deal with social-distancing for in-person teaching and to offer effective virtual lessons, “parents are increasingly turning to microschools — very small schools that usually have a specific culture — and learning pods,” The New York Times noted last month. “Microschools can be based outside or inside a home, and may or may not be state-approved and accredited. Learning pods are generally ad hoc and home-based, most having been created this summer in response to public school closings.”

Experimentation with such alternatives has been given impetus by government schools’ widespread inability to master online learning even as teachers unions resist efforts to return kids to physical classrooms. Just this week, the union representing public teachers in Washington, D.C. added to families’ uncertainties by torpedoing the district’s plans for reopening schools.

Amidst this chaos, the exodus has been impressive. In their stand-alone form, learning pods are essentially rebranded homeschooling co-ops, with participants counted as homeschoolers. According to a Gallup survey, after years of steady growth, the ranks of homeschoolers doubled this year from 5 percent of all students to 10 percent; traditional public schools saw a drop in enrollment from 83 percent of all students to 76 percent. The numbers don’t reflect students still enrolled in public schools but working with other kids in learning pods that make up for the failings of the tax-funded institutions.

But nobody likes rejection. That goes just as much for government bureaucrats as for everybody else—and they’ve gone on the attack.

“The ongoing media attention given to pods, along with district reports of declining enrollment at the beginning of the school year, cannot help but attract policymakers’ attention,” the State Policy Network, which links conservative and libertarian think tanks, warned this week. “Proposed rules would impact not only parents who are trying to operate pods out of a home, but also parents who need to form pods to continue their child’s education in a privately-operated setting or community center so that they can return to work. If rules or regulations limit the size of pods or otherwise slow pod growth, this has educational, as well as economic implications, for families, communities, and businesses.”

Not that bureaucrats cop to trying to stifle alternatives. They claim they’re just helpfully pointing to the reams of red tape that bind any efforts at DIY learning.

“Multi-family learning groups may slow the process of returning to school by creating more opportunities for spread among students and families,” the Oregon Department of Education tutted in September. “Providers must follow strict safety and health guidelines to help control spread of the virus to families, children and staff.  If multiple families decide to form a learning group and a parent isn’t present, [Early Learning Division] has advised on what constitutes regulated child care to protect the safety of children and families.”

On a similar note, Pennsylvania’s Department of Human Services’ Office of Child Development and Early Learning nagged families that any learning pods of six or more unrelated kids better first notify the state. They also need to have formal health and safety and emergency plans and satisfy other regulatory requirements.

That officials are motivated more by hostility to learning pods than by a bureaucratic notion of helpfulness is apparent from Oregon’s huffing that “these groups also risk leaving out students who are already underserved by our school system.”

Oregon’s phrasing echoes the Denver Board of Education’s complaint that it was “deeply concerned about the pods’ long-term negative implications for public education and social justice” and feared “that further flight will exacerbate academic and opportunity gaps among our children.”

The implication is that families dissatisfied with the floundering government schools and capable of doing better by their children should instead hold the kids back out of concerns for equity. It’s Harrison Bergeron transformed from cautionary tale into policy.

That government school officials face an uphill fight in their efforts to stop the exodus of students to alternatives is obvious from trends and from public opinion.

“There is increasing favor for minimal regulations to avoid burdening families,” the State Policy Network reports of polling by Heart+Mind Strategies. Half agreed “that policymakers should consider proposals that align learning pod arrangements with existing homeschool and private school laws so that pod families do not bear heavier regulatory burdens compared to families already exercising their right to choose how and where their children learn.” (Fifteen percent disagreed.)

“The short-term trends since the pandemic are clear,” writes Michael B. Horn of Harvard University’s EducationNext. “In addition to the enrollment increases in virtual schools and online education resources, homeschooling is also poised to grow sharply.”

For the long-term, Horn believes that learning pods and other education alternatives provide parents with family-friendly schedules and opportunities for likeminded communities of values that traditional public schools can’t manage. “If the pandemic produces more creative options that extend learning and socialization for children while truly meeting parents’ needs, there’s a better chance that those changes will outlast our eventual return to school,” he concludes.

That doesn’t mean education bureaucrats won’t continue efforts to stop families exiting government schools. Attacks on the competition may even become more frantic as traditional institutions inevitably continue to drive students away.

But the pandemic has forced families to experiment, and many have discovered better education for their children than they previously imagined, with flexibility that government institutions can never hope to match. Now aware of what’s possible, parents won’t long let regulatory threats stop them from doing their best for their kids.

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Bureaucrats Declare War on Learning Pods. They’ll Lose.

westendrf559630

As already unimpressive government schools fail the test put to them by the pandemic, families have turned to alternatives old and new to see that their children are educated. Among the popular responses have been learning pods of cooperating families, either to facilitate and enhance the online offerings of public-school systems or else to replace them as stand-alone education environments.

School bureaucrats have responded not by stepping-up their efforts, but by first begging people not to leave, and then lashing out against the competition. It’s an ill-conceived war that they’re bound to lose.

With schools struggling to deal with social-distancing for in-person teaching and to offer effective virtual lessons, “parents are increasingly turning to microschools — very small schools that usually have a specific culture — and learning pods,” The New York Times noted last month. “Microschools can be based outside or inside a home, and may or may not be state-approved and accredited. Learning pods are generally ad hoc and home-based, most having been created this summer in response to public school closings.”

Experimentation with such alternatives has been given impetus by government schools’ widespread inability to master online learning even as teachers unions resist efforts to return kids to physical classrooms. Just this week, the union representing public teachers in Washington, D.C. added to families’ uncertainties by torpedoing the district’s plans for reopening schools.

Amidst this chaos, the exodus has been impressive. In their stand-alone form, learning pods are essentially rebranded homeschooling co-ops, with participants counted as homeschoolers. According to a Gallup survey, after years of steady growth, the ranks of homeschoolers doubled this year from 5 percent of all students to 10 percent; traditional public schools saw a drop in enrollment from 83 percent of all students to 76 percent. The numbers don’t reflect students still enrolled in public schools but working with other kids in learning pods that make up for the failings of the tax-funded institutions.

But nobody likes rejection. That goes just as much for government bureaucrats as for everybody else—and they’ve gone on the attack.

“The ongoing media attention given to pods, along with district reports of declining enrollment at the beginning of the school year, cannot help but attract policymakers’ attention,” the State Policy Network, which links conservative and libertarian think tanks, warned this week. “Proposed rules would impact not only parents who are trying to operate pods out of a home, but also parents who need to form pods to continue their child’s education in a privately-operated setting or community center so that they can return to work. If rules or regulations limit the size of pods or otherwise slow pod growth, this has educational, as well as economic implications, for families, communities, and businesses.”

Not that bureaucrats cop to trying to stifle alternatives. They claim they’re just helpfully pointing to the reams of red tape that bind any efforts at DIY learning.

“Multi-family learning groups may slow the process of returning to school by creating more opportunities for spread among students and families,” the Oregon Department of Education tutted in September. “Providers must follow strict safety and health guidelines to help control spread of the virus to families, children and staff.  If multiple families decide to form a learning group and a parent isn’t present, [Early Learning Division] has advised on what constitutes regulated child care to protect the safety of children and families.”

On a similar note, Pennsylvania’s Department of Human Services’ Office of Child Development and Early Learning nagged families that any learning pods of six or more unrelated kids better first notify the state. They also need to have formal health and safety and emergency plans and satisfy other regulatory requirements.

That officials are motivated more by hostility to learning pods than by a bureaucratic notion of helpfulness is apparent from Oregon’s huffing that “these groups also risk leaving out students who are already underserved by our school system.”

Oregon’s phrasing echoes the Denver Board of Education’s complaint that it was “deeply concerned about the pods’ long-term negative implications for public education and social justice” and feared “that further flight will exacerbate academic and opportunity gaps among our children.”

The implication is that families dissatisfied with the floundering government schools and capable of doing better by their children should instead hold the kids back out of concerns for equity. It’s Harrison Bergeron transformed from cautionary tale into policy.

That government school officials face an uphill fight in their efforts to stop the exodus of students to alternatives is obvious from trends and from public opinion.

“There is increasing favor for minimal regulations to avoid burdening families,” the State Policy Network reports of polling by Heart+Mind Strategies. Half agreed “that policymakers should consider proposals that align learning pod arrangements with existing homeschool and private school laws so that pod families do not bear heavier regulatory burdens compared to families already exercising their right to choose how and where their children learn.” (Fifteen percent disagreed.)

“The short-term trends since the pandemic are clear,” writes Michael B. Horn of Harvard University’s EducationNext. “In addition to the enrollment increases in virtual schools and online education resources, homeschooling is also poised to grow sharply.”

For the long-term, Horn believes that learning pods and other education alternatives provide parents with family-friendly schedules and opportunities for likeminded communities of values that traditional public schools can’t manage. “If the pandemic produces more creative options that extend learning and socialization for children while truly meeting parents’ needs, there’s a better chance that those changes will outlast our eventual return to school,” he concludes.

That doesn’t mean education bureaucrats won’t continue efforts to stop families exiting government schools. Attacks on the competition may even become more frantic as traditional institutions inevitably continue to drive students away.

But the pandemic has forced families to experiment, and many have discovered better education for their children than they previously imagined, with flexibility that government institutions can never hope to match. Now aware of what’s possible, parents won’t long let regulatory threats stop them from doing their best for their kids.

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