The First National Injunction Against the Biden Administration

That did not take long. Today the U.S. District Court for the Southern District of Texas issued the first national injunction against the Biden administration. The order, to be precise a national TRO, prohibits the administration from enforcing and implementing its “100-Day Pause on Removals.”

The rationales given for the nationwide scope are a mix of (1) circuit precedent (correct); (2) immigration needs uniformity (a bad argument but widespread, and previously invoked by both the 5th and 9th Circuits); (3) concern about interference with Congress’s “integrated scheme of regulation” (the sort of concern that would make national injunctions a default remedy in challenges to federal policy); (4) a footnote invoking case law on the APA (a point supported by lower court precedent, though wrong as a reading of the APA, as John Harrison has shown); and (5) a concern that without a national injunction Texas would be affected by the movement of immigrants within the United States (a point that is a reminder of how close the connection is between overly aggressive remedies and overly aggressive theories of state standing–Massachusetts v. Mellon and Frothingham v. Mellon may stand or fall together).

The court is open to narrowing the injunction after further briefing.

There are two takeaways. The first is that the national injunction has now just jumped the partisan divide, and it will begin to be used as a tool of conservative litigants and red-state attorneys general to challenge the Biden administration. No surprise. But the national injunction remains every bit as much a malformation of the law of remedies and the law of equity–and a striking departure from the dispute-resolution vision of the federal judicial role in cases like Frothingham. (And, just as before, the national injunction is consistent with a quite different vision of the federal judicial role, one that emphasizes the declaration of law and takes literally the “striking down” of statutes, regulations, etc.)

The second takeaway is that the national injunction has become entrenched in circuit precedent in some circuits, which increases the need for the Supreme Court (or Congress) to act. Here’s to hoping that 2021 is the year the Supreme Court inters the national injunction.

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The Fake Argument that School Choice Is Racist

8101768_thumbnail

“There isn’t an issue facing Black people today that doesn’t find its origins in K-12 education,” writes Chris Stewart, CEO of the education nonprofit brightbeam and a prolific writer and podcaster, who publishes under the name “Citizen Stewart.” “Without our own collective governance of our children’s intellectual development, how can we win? Without Black self-determination in who teaches them, what they learn, where they learn, and how lessons are taught to them, what is the future of our freedom?”

As a result, the Minnesota-based Stewart supports backpack funding for K-12 education, in which local, state, and federal dollars go to individual students rather than to schools or districts. He also has no patience for critics of school choice who claim it’s a stalking horse for segregation. The Duke historian Nancy Maclean advanced this argument in her controversial book, Democracy in Chains, as has the progressive education historian Diane Ravitch, who asserts that “the ‘school choice’ movement was created by white Southern governors who were fighting the Brown decision.”

Calling such statements “factually inaccurate and historically inaccurate,” Stewart notes that minority voters overwhelmingly support charter schools, vouchers, and other choice programs, usually at higher rates than white voters do.

A Christian and a libertarian, Stewart says that school lockdowns over the past year have forced parents to become more involved and attentive to their children’s education and may well lead to an exodus from traditional public schools. In a wide-ranging conversation with Nick Gillespie, Stewart also talks about why he believes that the government shouldn’t be in charge of curricula and why support for school choice will continue to grow despite efforts by teacher unions and education bureaucrats to maintain a failing status quo.

 

Narrated by Nick Gillespie. Edited by Austin Bragg and Regan Taylor.

Photo: VELVET FILM/Album/Newscom

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Another Houston Cop Is Indicted for Murder Because of a 2019 Drug Raid That Killed a Middle-Aged Couple

Tuttle-and-Nicholas-HPD-big

A second Houston narcotics officer has been charged with murder in connection with the January 2019 no-knock drug raid that killed Dennis Tuttle and Rhogena Nicholas in their home on Harding Street. Harris County District Attorney Kim Ogg yesterday announced that a grand jury had indicted Officer Felipe Gallegos for murdering Tuttle, who according to police fired at the cops after they broke into his home and killed his dog while serving a search warrant based on a heroin deal that never happened. Gallegos faces a maximum penalty of life in prison if convicted.

Gerald Goines, the former narcotics officer who lied to obtain the search warrant, already had been charged with two counts of felony murder as well as federal civil rights violations. Steven Bryant, an officer who backed up Goines’ phony story, likewise faces state and federal charges. Prosecutors say Goines’ shady practices go back more than a decade, tainting at least 164 convictions.

The new indictments also include eight current or former narcotics officers who are accused of “engaging in organized criminal activity” by falsifying government records as part of “a long-term scheme to steal overtime from the city.” Five were charged with first-degree felonies that carry a maximum penalty of life in prison, while three were charged with second-degree felonies punishable by prison terms of two to 20 years.

So far 12 current or former narcotics officers have been charged as a result of the investigation triggered by the Harding Street raid. “The consequences of corruption are that two innocent people and their dog were shot to death in their home by police; four officers were shot, one paralyzed,” Ogg said. “Now all of them will face jurors who will determine their fate.”

Houston Police Chief Art Acevedo, who described the cops who killed Tuttle and Nicholas as “heroes” but wants credit for not covering up Goines’ lies, implicitly criticized the decision to charge Gallegos with murder. “It was our investigation that uncovered the malfeasance of the two former HPD officers [Goines and Bryant] who were subsequently charged with criminal offenses related to their actions in obtaining the warrant,” he said in a statement he posted on Twitter yesterday. “Today, I learned that another officer who was involved in the Harding Street officer-involved shooting has been indicted for murder. I have said many times that the other officers involved in the incident, including the officer indicted today [Gallegos], had no involvement in obtaining the warrant and responded appropriately to the deadly threat posed to them during its service.”

The grand jury obviously disagreed. Contrary to what Acevedo implies, the issues raised by this disastrous operation go beyond the fictitious transaction that supposedly justified it. According to a lawyer representing Nicholas’ family, she and Tuttle were taking a nap when plainclothes cops stormed into their house around 5 p.m. and immediately used a shotgun to kill their dog. According to Acevedo, Tuttle responded to this violent invasion by grabbing a revolver and shooting at the intruders, who responded with overwhelming force.

Two years later, the HPD still has not publicly said how many shots were fired or which rounds struck the injured officers.

The Houston Chronicle notes that “neither Acevedo nor Ogg has ever released the ballistics report showing which officers shot Tuttle or Nicholas.” The cops claimed they had to shoot Nicholas because she was moving toward an injured officer who had collapsed on a couch and seemed like she was about to take his shotgun. A forensic examination commissioned by her family contradicted that account, finding that the fatal shot was fired by someone standing outside the house who would not have been able to see her. The indictment of Gallegos for killing Tuttle indicates that prosecutors believe that shooting was not justified either. The indictment says Gallegos “unlawfully, intentionally and knowingly” caused Tuttle’s death by shooting him.

Nicholas’ mother and brother have been trying to discover exactly what happened during the raid, which was not recorded by body cameras. Their lawyer, Michael Doyle, is seeking to depose city and HPD officials. The city has resisted him at every turn. The Texas Supreme Court has twice rejected the city’s attempts to move the case out of Harris County Probate Court. A few weeks ago, Judge Kenneth Hoyt of the U.S. District Court for the Southern District of Texas agreed that the case belongs where it is.

“The Nicholas family again is grateful to be moving forward with our investigation,” Doyle said in a press release. “It’s time for the cover-up to end. The city’s continuing efforts to conceal the truth about the Harding Street raid have now been rejected by five separate county, state and federal courts. Judge Hoyt’s order rejected the City’s unprecedented, two-year cover-up of the facts of the killings, who was involved, and who needs to be held accountable. This federal-court order means the city’s wall of silence will start crumbling.”

In addition to the fraudulent warrant and the questionable use of deadly force, the raid has revealed what Ogg calls a “pattern and practice of lying and deceit,” including phony overtime and fake documentation of payments to confidential informants. Based on those findings, she filed felony charges against six narcotics officers, including Goines, Bryant, and three supervisors, last summer. Three of those cops—Sgt. Clemente Reyna, Sgt. Thomas Wood, and Officer Hodgie Armstrong—are among those charged again this week. Reyna’s attorney complained that Ogg is trying to “criminalize administrative errors” and “repackaging” the charges from July.

“Houston Police narcotics officers falsified documentation about drug payments to confidential informants with the support of supervisors,” Ogg said in July. “Goines and others could never have preyed on our community the way they did without the participation of their supervisors; every check and balance in place to stop this type of behavior was circumvented.” After Ogg announced those charges, which included theft and tampering with government documents, Acevedo finally released the results of an internal audit that revealed widespread sloppiness, if not outright malfeasance, in the HPD’s Narcotics Division.

Acevedo portrays himself as an avatar of transparency and reform—a role he unconvincingly played during the Democratic National Convention last summer. But after repeatedly describing Tuttle and Nicholas as dangerous heroin dealers who maintained a locally notorious “drug house,” he was forced to admit that the case against them, which began with a false tip from a neighbor, had been fabricated. Now Acevedo, who 10 months after the raid was still dismissing “the chances of this being systemic,” wants us to believe the problem is limited to a couple of bad apples.

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The First National Injunction Against the Biden Administration

That did not take long. Today the U.S. District Court for the Southern District of Texas issued the first national injunction against the Biden administration. The order, to be precise a national TRO, prohibits the administration from enforcing and implementing its “100-Day Pause on Removals.”

The rationales given for the nationwide scope are a mix of (1) circuit precedent (correct); (2) immigration needs uniformity (a bad argument but widespread, and previously invoked by both the 5th and 9th Circuits); (3) concern about interference with Congress’s “integrated scheme of regulation” (the sort of concern that would make national injunctions a default remedy in challenges to federal policy); (4) a footnote invoking case law on the APA (a point supported by lower court precedent, though wrong as a reading of the APA, as John Harrison has shown); and (5) a concern that without a national injunction Texas would be affected by the movement of immigrants within the United States (a point that is a reminder of how close the connection is between overly aggressive remedies and overly aggressive theories of state standing–Massachusetts v. Mellon and Frothingham v. Mellon may stand or fall together).

The court is open to narrowing the injunction after further briefing.

There are two takeaways. The first is that the national injunction has now just jumped the partisan divide, and it will begin to be used as a tool of conservative litigants and red-state attorneys general to challenge the Biden administration. No surprise. But the national injunction remains every bit as much a malformation of the law of remedies and the law of equity–and a striking departure from the dispute-resolution vision of the federal judicial role in cases like Frothingham. (And, just as before, the national injunction is consistent with a quite different vision of the federal judicial role, one that emphasizes the declaration of law and takes literally the “striking down” of statutes, regulations, etc.)

The second takeaway is that the national injunction has become entrenched in circuit precedent in some circuits, which increases the need for the Supreme Court (or Congress) to act. Here’s to hoping that 2021 is the year the Supreme Court inters the national injunction.

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via IFTTT

The Fake Argument that School Choice Is Racist

8101768_thumbnail

“There isn’t an issue facing Black people today that doesn’t find its origins in K-12 education,” writes Chris Stewart, CEO of the education nonprofit brightbeam and a prolific writer and podcaster, who publishes under the name “Citizen Stewart.” “Without our own collective governance of our children’s intellectual development, how can we win? Without Black self-determination in who teaches them, what they learn, where they learn, and how lessons are taught to them, what is the future of our freedom?”

As a result, the Minnesota-based Stewart supports backpack funding for K-12 education, in which local, state, and federal dollars go to individual students rather than to schools or districts. He also has no patience for critics of school choice who claim it’s a stalking horse for segregation. The Duke historian Nancy Maclean advanced this argument in her controversial book, Democracy in Chains, as has the progressive education historian Diane Ravitch, who asserts that “the ‘school choice’ movement was created by white Southern governors who were fighting the Brown decision.”

Calling such statements “factually inaccurate and historically inaccurate,” Stewart notes that minority voters overwhelmingly support charter schools, vouchers, and other choice programs, usually at higher rates than white voters do.

A Christian and a libertarian, Stewart says that school lockdowns over the past year have forced parents to become more involved and attentive to their children’s education and may well lead to an exodus from traditional public schools. In a wide-ranging conversation with Nick Gillespie, Stewart also talks about why he believes that the government shouldn’t be in charge of curricula and why support for school choice will continue to grow despite efforts by teacher unions and education bureaucrats to maintain a failing status quo.

 

Narrated by Nick Gillespie. Edited by Austin Bragg and Regan Taylor.

Photo: VELVET FILM/Album/Newscom

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Another Houston Cop Is Indicted for Murder Because of a 2019 Drug Raid That Killed a Middle-Aged Couple

Tuttle-and-Nicholas-HPD-big

A second Houston narcotics officer has been charged with murder in connection with the January 2019 no-knock drug raid that killed Dennis Tuttle and Rhogena Nicholas in their home on Harding Street. Harris County District Attorney Kim Ogg yesterday announced that a grand jury had indicted Officer Felipe Gallegos for murdering Tuttle, who according to police fired at the cops after they broke into his home and killed his dog while serving a search warrant based on a heroin deal that never happened. Gallegos faces a maximum penalty of life in prison if convicted.

Gerald Goines, the former narcotics officer who lied to obtain the search warrant, already had been charged with two counts of felony murder as well as federal civil rights violations. Steven Bryant, an officer who backed up Goines’ phony story, likewise faces state and federal charges. Prosecutors say Goines’ shady practices go back more than a decade, tainting at least 164 convictions.

The new indictments also include eight current or former narcotics officers who are accused of “engaging in organized criminal activity” by falsifying government records as part of “a long-term scheme to steal overtime from the city.” Five were charged with first-degree felonies that carry a maximum penalty of life in prison, while three were charged with second-degree felonies punishable by prison terms of two to 20 years.

So far 12 current or former narcotics officers have been charged as a result of the investigation triggered by the Harding Street raid. “The consequences of corruption are that two innocent people and their dog were shot to death in their home by police; four officers were shot, one paralyzed,” Ogg said. “Now all of them will face jurors who will determine their fate.”

Houston Police Chief Art Acevedo, who described the cops who killed Tuttle and Nicholas as “heroes” but wants credit for not covering up Goines’ lies, implicitly criticized the decision to charge Gallegos with murder. “It was our investigation that uncovered the malfeasance of the two former HPD officers [Goines and Bryant] who were subsequently charged with criminal offenses related to their actions in obtaining the warrant,” he said in a statement he posted on Twitter yesterday. “Today, I learned that another officer who was involved in the Harding Street officer-involved shooting has been indicted for murder. I have said many times that the other officers involved in the incident, including the officer indicted today [Gallegos], had no involvement in obtaining the warrant and responded appropriately to the deadly threat posed to them during its service.”

The grand jury obviously disagreed. Contrary to what Acevedo implies, the issues raised by this disastrous operation go beyond the fictitious transaction that supposedly justified it. According to a lawyer representing Nicholas’ family, she and Tuttle were taking a nap when plainclothes cops stormed into their house around 5 p.m. and immediately used a shotgun to kill their dog. According to Acevedo, Tuttle responded to this violent invasion by grabbing a revolver and shooting at the intruders, who responded with overwhelming force.

Two years later, the HPD still has not publicly said how many shots were fired or which rounds struck the injured officers.

The Houston Chronicle notes that “neither Acevedo nor Ogg has ever released the ballistics report showing which officers shot Tuttle or Nicholas.” The cops claimed they had to shoot Nicholas because she was moving toward an injured officer who had collapsed on a couch and seemed like she was about to take his shotgun. A forensic examination commissioned by her family contradicted that account, finding that the fatal shot was fired by someone standing outside the house who would not have been able to see her. The indictment of Gallegos for killing Tuttle indicates that prosecutors believe that shooting was not justified either. The indictment says Gallegos “unlawfully, intentionally and knowingly” caused Tuttle’s death by shooting him.

Nicholas’ mother and brother have been trying to discover exactly what happened during the raid, which was not recorded by body cameras. Their lawyer, Michael Doyle, is seeking to depose city and HPD officials. The city has resisted him at every turn. The Texas Supreme Court has twice rejected the city’s attempts to move the case out of Harris County Probate Court. A few weeks ago, Judge Kenneth Hoyt of the U.S. District Court for the Southern District of Texas agreed that the case belongs where it is.

“The Nicholas family again is grateful to be moving forward with our investigation,” Doyle said in a press release. “It’s time for the cover-up to end. The city’s continuing efforts to conceal the truth about the Harding Street raid have now been rejected by five separate county, state and federal courts. Judge Hoyt’s order rejected the City’s unprecedented, two-year cover-up of the facts of the killings, who was involved, and who needs to be held accountable. This federal-court order means the city’s wall of silence will start crumbling.”

In addition to the fraudulent warrant and the questionable use of deadly force, the raid has revealed what Ogg calls a “pattern and practice of lying and deceit,” including phony overtime and fake documentation of payments to confidential informants. Based on those findings, she filed felony charges against six narcotics officers, including Goines, Bryant, and three supervisors, last summer. Three of those cops—Sgt. Clemente Reyna, Sgt. Thomas Wood, and Officer Hodgie Armstrong—are among those charged again this week. Reyna’s attorney complained that Ogg is trying to “criminalize administrative errors” and “repackaging” the charges from July.

“Houston Police narcotics officers falsified documentation about drug payments to confidential informants with the support of supervisors,” Ogg said in July. “Goines and others could never have preyed on our community the way they did without the participation of their supervisors; every check and balance in place to stop this type of behavior was circumvented.” After Ogg announced those charges, which included theft and tampering with government documents, Acevedo finally released the results of an internal audit that revealed widespread sloppiness, if not outright malfeasance, in the HPD’s Narcotics Division.

Acevedo portrays himself as an avatar of transparency and reform—a role he unconvincingly played during the Democratic National Convention last summer. But after repeatedly describing Tuttle and Nicholas as dangerous heroin dealers who maintained a locally notorious “drug house,” he was forced to admit that the case against them, which began with a false tip from a neighbor, had been fabricated. Now Acevedo, who 10 months after the raid was still dismissing “the chances of this being systemic,” wants us to believe the problem is limited to a couple of bad apples.

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Schools Might Not Reopen for ‘Maybe Another Year,’ Says N.J. Teachers Union

MontclairFail2

Another day, another set of parents who discovered at the last minute that the planned reopening of their kids’ long-shuttered elementary schools was being thwarted by a politically powerful teachers union.

This time it was in the wealthy, New York City-adjacent suburb of Montclair, New Jersey, where Superintendent Jonathan Ponds announced late Friday “with deep regret” that the schools, closed for the past 319 days, wouldn’t even be reopening on a hybrid basis (half-in, half-remote), because negotiations with the Montclair Education Association (MEA) broke down. “I realize how unsettling this news is,” Ponds added.

The union seeks Plexiglass barriers, millions of dollars in ventilation upgrades, and for teachers to be vaccinated (New Jersey, unlike New York, does not as yet prioritize teachers for vaccines). MEA President Petal Robertson said in a statement, “It is our duty to ensure a safe and healthy workplace for our staff and a sound educational plan for our students.”

Remote learning has not been a sound “plan” for students. More like the opposite. But what about the main union contention, safety?

“The truth is, for kids K-12, one of the safest places they can be from our perspective is to remain in school,” then-director of the Centers for Disease Control Robert Redfield said in November.

COVID-19 infection rates at elementary schools in particular have been, compared to the country as a whole, microscopic—0.2 percent for teachers, 0.1 percent for students, according to economist Emily Oster’s database of 5,000-plus K-12 schools. The positive rate in New York City’s program of random school testing—currently standing at 0.52 percent from more than 360,000 tests since October—has consistently been around one-tenth of the overall community positivity rate.

And, observed Redfield, “The infections that we’ve identified in schools when they’ve been evaluated were not acquired in schools. They were actually acquired in the community and in the household….The data strongly supports that K-12 schools—as well as institutes of higher learning—really are not where we’re having our challenges.”

Unions may utilize the rhetoric of safety, but the determinative factor in school closures is their own power. As Reason Foundation Director of School Choice Corey DeAngelis has documented, the biggest correlating factor in all-remote learning is not the level of community infection, nor the quality of ventilation systems, but rather the comparative political strength of the relevant teachers union.

Union muscle is especially swole in Montclair. From The New York Times:

The newly elected mayor, Sean Spiller, is the No. 2 official at the statewide teachers’ union, the New Jersey Education Association. The president of the local teachers’ labor group, Petal Robertson, is competing for a leadership job at the association. And one of the governor’s top political strategists, Brendan Gill—an Essex County commissioner who is also the township’s Democratic chairman—lives there, as does the state’s new education commissioner, Angelica Allen-McMillan.

Mayor Spiller’s comment to the Montclair Local is a model of brow-furrowing concern, communicating empathy while accomplishing bupkis.

“Our educators, students, and parents…deserve high praise for going above and beyond to continue the work of teaching and learning,” Spiller wrote to the paper. “It is from that starting point that we need all parties working together….It is important that all educational stakeholders collaborate in order to ensure we have an appropriate and clearly articulated safe plan for any return to in-person instruction.”

Such impotent bureaucratic gobbledygook is hardly limited to union-hack Jersey mayors. Here’s the president of the United States on Monday, when asked, in light of the Chicago walkout, whether he believes teachers “should return to schools now”:

Biden’s stammering here is in direct proportion to the fundamental untenability of his—and teachers unions’—position. Headlines from Dec. 8 had it that the then-president elect was pledging to have K-12 schools reopen within his first 100 days in office, but too many people were expressing relief rather than looking at the caveats embedded (and italicized) in his headline-making quote: “It should be a national priority to get our kids back into school and keep them in school…If Congress provides the funding, we need to protect students, educators and staff. If states and cities put strong public health measures in place that we all follow, then my team will work to see that the majority of our schools can be open by the end of my first 100 days.”

So many terms with hedged or slippery definitions, so many union lawyers ready and incentivized to exploit.

Congress has provided scores of billions in COVID-related extra funding for K-12 schools—around $15 billion in the Coronavirus Aid, Relief, and Economic Security (CARES) Act last March, and $54 billion in the relief bill passed in December, on top of the Department of Education’s annual $40 billion or so. Biden’s latest $1.9 trillion coronavirus-relief proposal, billed as the first of two, includes another $130 billion earmarked directly for K-12 reopening, plus an additional $350 billion for states to patch their budgets, of which public education is always a large share.

Would even that be enough funding? Could unions (as in Montclair) still object to what they deem as insufficiently “strong public health measures”?

Well, consider this: The Biden administration is already signaling that the 100-day deadline (which comes April 30) won’t be met. “On a call with reporters Wednesday,” CNN reported last week, “Carole Johnson, Biden’s Covid testing coordinator, acknowledged that the reopening timeline may need to be extended.”

As New York Post columnist and fellow Brooklyn public school parent Karol Markowicz reiterated yesterday, “There is no amount of money the Biden administration can shower on schools to get them all open full-time in September. The [social distancing] ‘rules’ will ensure that many kids won’t be in class full-time for the foreseeable future. Unlike in cities across the world, the city and state will continue to ignore the fact that kids are at uniquely low risk from COVID-19.”

At the end of my latest print-magazine column, which was posted Monday but printed nearly three weeks before, I concluded, sourly, that “if New York City is indeed the model, the most ‘open’ thing will be the government’s checkbook—that and parents’ web browsers as they explore every option for their kids that doesn’t include a teachers union.”

Mayor Bill de Blasio, you may recall, announced with great fanfare in early December that, having arbitrarily closed all public schools three weeks prior, he was now set to reopen all five days a week! He even held up Gotham as a role model for the rest of the country, despite the fact that, to cite one of hundreds of thousands of examples, my 12-year-old has set foot on a campus all of seven times since March 15, 2020; zero since November.

Sure enough, just this afternoon on CNN, when asked about schools reopening not in 100 days but in September, City Council member and Health Committee Chair Mark Levine said: “It’s too soon.”

The same message is coming from the political class mismanaging affairs across the Hudson. Marie Blistan, president of the New Jersey Education Association (which is foursquare behind the unofficial teachers strike in Montclair), told the Times that the Garden State should be prepared for “interruptions in learning for maybe another year.”

Well, teachers unions should be prepared, too. Prepared for massive middle-class evacuations from public education in the blue states where unions hold sway.

Take a good, long look at this Burbio map of K-12 school reopenings across the country. “Just over one-third of US K-12 students [have] never been in the classroom this year and they are concentrated in two areas. We call them ‘Always Virtual”: West Coast and the Mid Atlantic states plus metro areas outside those states such as Chicago, Philadelphia, Kansas City, Cleveland, Boston, plus smaller cities,” the site notes. “These regions have a particular combination of state level regulations, logistical challenges and local stakeholder resistance that separate them from the rest of the country.”

Local stakeholder resistance. There are the taxpayers who fund K-12 education, and the 50 million-plus kids who enroll in K-12 public schools, yet the real-world power dynamics of the situation is that the holder of the stake is neither the funder nor consumer of this wretched monopoly product. It’s the public-sector unions, and the politicians they support.

Public school enrollment is down significantly this year. The U-Haul Index of domestic one-way moving-truck action shows Always Virtual states in the top six slots for losing trucks: California, Illinois, New Jersey, Massachusetts, Maryland, Oregon, while the three biggest gainers were the heavily reopened states of Tennessee, Texas, and Florida. The budgets both of state governments and local public schools are tied directly to the size of population. If people leave, so will their tax dollars, and the government jobs they fund.

The savvier among the Democratic political class realize this, which is why they’re busy in the post-Trump (meaning, post-scapegoat) era talking out of both sides of their mouth. American Federation of Teachers President Randi Weingarten, recently seen yukking it up in the White House with First Lady Jill Biden, has been saying since late November that “reopening schools is vital for the health and education of our children.” She co-wrote in USA Today this week that “with robust testing, we can open schools this spring before the vaccine is widely available.” Yet that happy conclusion, too, is conditioned on a lengthy and expensive wishlist.

There are signs that some unions are beginning to worry about the public catching onto the gap between macro reopening rhetoric and micro school closures. “Has the Public Turned on Teachers?” asked an Education Week headline Monday. “At First Deemed Pandemic Heroes, Some Now Feel Like Villains.” Well, refusing to teach in person after getting vaccinated may reduce the ol’ sympathy, yes. Or accusing parents who want schools to be reopened of “white supremacy.”

My beef, and the beefs of the public school parents I interact with, is not with our kids’ teachers, who have been doing their best, and clearly would like more reopening. The complaint is rather with teachers unions and union-backed politicians who, when not making an absolute mockery of science with their fearmongering, are operating as if the end goal is not to urgently and fully open every damn public school in the country, but rather to maximize the dollar squeeze from comparatively powerless taxpayers.

In the meantime, current or recent public school parents hearing rumor of September uncertainty will be busy checking local private school prices and further-flung real estate listings.

“We’ll have to see how many of those folks come back home after normalcy can be achieved,” David Adkins, executive director of the Council of State Governments, told the Times last month. If the exodus accelerates, Adkins warned, that could devolve into a “death spiral.”

No wonder preference for school choice is spreading. Parents want to be able to predict when their kids will attend school. It’s amazing that teachers unions do not yet seem to understand how much public sentiment is poised to turn against them.

Consider one final anecdote. Montclair, New Jersey, is a good liberal town filled with good liberal journalists who work in, or remotely from, good liberal Manhattan. And what was the headline about Monday’s botched reopening in the good liberal New York Times?

Schools Were Set to Reopen. Then the Teachers’ Union Stepped In.

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Schools Might Not Reopen for ‘Maybe Another Year,’ Says N.J. Teachers Union

MontclairFail2

Another day, another set of parents who discovered at the last minute that the planned reopening of their kids’ long-shuttered elementary schools was being thwarted by a politically powerful teachers union.

This time it was in the wealthy, New York City-adjacent suburb of Montclair, New Jersey, where Superintendent Jonathan Ponds announced late Friday “with deep regret” that the schools, closed for the past 319 days, wouldn’t even be reopening on a hybrid basis (half-in, half-remote), because negotiations with the Montclair Education Association (MEA) broke down. “I realize how unsettling this news is,” Ponds added.

The union seeks Plexiglass barriers, millions of dollars in ventilation upgrades, and for teachers to be vaccinated (New Jersey, unlike New York, does not as yet prioritize teachers for vaccines). MEA President Petal Robertson said in a statement, “It is our duty to ensure a safe and healthy workplace for our staff and a sound educational plan for our students.”

Remote learning has not been a sound “plan” for students. More like the opposite. But what about the main union contention, safety?

“The truth is, for kids K-12, one of the safest places they can be from our perspective is to remain in school,” then-director of the Centers for Disease Control Robert Redfield said in November.

COVID-19 infection rates at elementary schools in particular have been, compared to the country as a whole, microscopic—0.2 percent for teachers, 0.1 percent for students, according to economist Emily Oster’s database of 5,000-plus K-12 schools. The positive rate in New York City’s program of random school testing—currently standing at 0.52 percent from more than 360,000 tests since October—has consistently been around one-tenth of the overall community positivity rate.

And, observed Redfield, “The infections that we’ve identified in schools when they’ve been evaluated were not acquired in schools. They were actually acquired in the community and in the household….The data strongly supports that K-12 schools—as well as institutes of higher learning—really are not where we’re having our challenges.”

Unions may utilize the rhetoric of safety, but the determinative factor in school closures is their own power. As Reason Foundation Director of School Choice Corey DeAngelis has documented, the biggest correlating factor in all-remote learning is not the level of community infection, nor the quality of ventilation systems, but rather the comparative political strength of the relevant teachers union.

Union muscle is especially swole in Montclair. From The New York Times:

The newly elected mayor, Sean Spiller, is the No. 2 official at the statewide teachers’ union, the New Jersey Education Association. The president of the local teachers’ labor group, Petal Robertson, is competing for a leadership job at the association. And one of the governor’s top political strategists, Brendan Gill—an Essex County commissioner who is also the township’s Democratic chairman—lives there, as does the state’s new education commissioner, Angelica Allen-McMillan.

Mayor Spiller’s comment to the Montclair Local is a model of brow-furrowing concern, communicating empathy while accomplishing bupkis.

“Our educators, students, and parents…deserve high praise for going above and beyond to continue the work of teaching and learning,” Spiller wrote to the paper. “It is from that starting point that we need all parties working together….It is important that all educational stakeholders collaborate in order to ensure we have an appropriate and clearly articulated safe plan for any return to in-person instruction.”

Such impotent bureaucratic gobbledygook is hardly limited to union-hack Jersey mayors. Here’s the president of the United States on Monday, when asked, in light of the Chicago walkout, whether he believes teachers “should return to schools now”:

Biden’s stammering here is in direct proportion to the fundamental untenability of his—and teachers unions’—position. Headlines from Dec. 8 had it that the then-president elect was pledging to have K-12 schools reopen within his first 100 days in office, but too many people were expressing relief rather than looking at the caveats embedded (and italicized) in his headline-making quote: “It should be a national priority to get our kids back into school and keep them in school…If Congress provides the funding, we need to protect students, educators and staff. If states and cities put strong public health measures in place that we all follow, then my team will work to see that the majority of our schools can be open by the end of my first 100 days.”

So many terms with hedged or slippery definitions, so many union lawyers ready and incentivized to exploit.

Congress has provided scores of billions in COVID-related extra funding for K-12 schools—around $15 billion in the Coronavirus Aid, Relief, and Economic Security (CARES) Act last March, and $54 billion in the relief bill passed in December, on top of the Department of Education’s annual $40 billion or so. Biden’s latest $1.9 trillion coronavirus-relief proposal, billed as the first of two, includes another $130 billion earmarked directly for K-12 reopening, plus an additional $350 billion for states to patch their budgets, of which public education is always a large share.

Would even that be enough funding? Could unions (as in Montclair) still object to what they deem as insufficiently “strong public health measures”?

Well, consider this: The Biden administration is already signaling that the 100-day deadline (which comes April 30) won’t be met. “On a call with reporters Wednesday,” CNN reported last week, “Carole Johnson, Biden’s Covid testing coordinator, acknowledged that the reopening timeline may need to be extended.”

As New York Post columnist and fellow Brooklyn public school parent Karol Markowicz reiterated yesterday, “There is no amount of money the Biden administration can shower on schools to get them all open full-time in September. The [social distancing] ‘rules’ will ensure that many kids won’t be in class full-time for the foreseeable future. Unlike in cities across the world, the city and state will continue to ignore the fact that kids are at uniquely low risk from COVID-19.”

At the end of my latest print-magazine column, which was posted Monday but printed nearly three weeks before, I concluded, sourly, that “if New York City is indeed the model, the most ‘open’ thing will be the government’s checkbook—that and parents’ web browsers as they explore every option for their kids that doesn’t include a teachers union.”

Mayor Bill de Blasio, you may recall, announced with great fanfare in early December that, having arbitrarily closed all public schools three weeks prior, he was now set to reopen all five days a week! He even held up Gotham as a role model for the rest of the country, despite the fact that, to cite one of hundreds of thousands of examples, my 12-year-old has set foot on a campus all of seven times since March 15, 2020; zero since November.

Sure enough, just this afternoon on CNN, when asked about schools reopening not in 100 days but in September, City Council member and Health Committee Chair Mark Levine said: “It’s too soon.”

The same message is coming from the political class mismanaging affairs across the Hudson. Marie Blistan, president of the New Jersey Education Association (which is foursquare behind the unofficial teachers strike in Montclair), told the Times that the Garden State should be prepared for “interruptions in learning for maybe another year.”

Well, teachers unions should be prepared, too. Prepared for massive middle-class evacuations from public education in the blue states where unions hold sway.

Take a good, long look at this Burbio map of K-12 school reopenings across the country. “Just over one-third of US K-12 students [have] never been in the classroom this year and they are concentrated in two areas. We call them ‘Always Virtual”: West Coast and the Mid Atlantic states plus metro areas outside those states such as Chicago, Philadelphia, Kansas City, Cleveland, Boston, plus smaller cities,” the site notes. “These regions have a particular combination of state level regulations, logistical challenges and local stakeholder resistance that separate them from the rest of the country.”

Local stakeholder resistance. There are the taxpayers who fund K-12 education, and the 50 million-plus kids who enroll in K-12 public schools, yet the real-world power dynamics of the situation is that the holder of the stake is neither the funder nor consumer of this wretched monopoly product. It’s the public-sector unions, and the politicians they support.

Public school enrollment is down significantly this year. The U-Haul Index of domestic one-way moving-truck action shows Always Virtual states in the top six slots for losing trucks: California, Illinois, New Jersey, Massachusetts, Maryland, Oregon, while the three biggest gainers were the heavily reopened states of Tennessee, Texas, and Florida. The budgets both of state governments and local public schools are tied directly to the size of population. If people leave, so will their tax dollars, and the government jobs they fund.

The savvier among the Democratic political class realize this, which is why they’re busy in the post-Trump (meaning, post-scapegoat) era talking out of both sides of their mouth. American Federation of Teachers President Randi Weingarten, recently seen yukking it up in the White House with First Lady Jill Biden, has been saying since late November that “reopening schools is vital for the health and education of our children.” She co-wrote in USA Today this week that “with robust testing, we can open schools this spring before the vaccine is widely available.” Yet that happy conclusion, too, is conditioned on a lengthy and expensive wishlist.

There are signs that some unions are beginning to worry about the public catching onto the gap between macro reopening rhetoric and micro school closures. “Has the Public Turned on Teachers?” asked an Education Week headline Monday. “At First Deemed Pandemic Heroes, Some Now Feel Like Villains.” Well, refusing to teach in person after getting vaccinated may reduce the ol’ sympathy, yes. Or accusing parents who want schools to be reopened of “white supremacy.”

My beef, and the beefs of the public school parents I interact with, is not with our kids’ teachers, who have been doing their best, and clearly would like more reopening. The complaint is rather with teachers unions and union-backed politicians who, when not making an absolute mockery of science with their fearmongering, are operating as if the end goal is not to urgently and fully open every damn public school in the country, but rather to maximize the dollar squeeze from comparatively powerless taxpayers.

In the meantime, current or recent public school parents hearing rumor of September uncertainty will be busy checking local private school prices and further-flung real estate listings.

“We’ll have to see how many of those folks come back home after normalcy can be achieved,” David Adkins, executive director of the Council of State Governments, told the Times last month. If the exodus accelerates, Adkins warned, that could devolve into a “death spiral.”

No wonder preference for school choice is spreading. Parents want to be able to predict when their kids will attend school. It’s amazing that teachers unions do not yet seem to understand how much public sentiment is poised to turn against them.

Consider one final anecdote. Montclair, New Jersey, is a good liberal town filled with good liberal journalists who work in, or remotely from, good liberal Manhattan. And what was the headline about Monday’s botched reopening in the good liberal New York Times?

Schools Were Set to Reopen. Then the Teachers’ Union Stepped In.

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High School Students Can Now Apply for the Ashbrook Academy on the Supreme Court and the Constitution

This summer, the Ashbrook Academy will be hosting a fascinating course for high school students on the Supreme Court and the Constitution. Here is the description:

This Academy is designed to immerse you in the study of the Supreme Court and the Constitution. We study the Supreme Court not because the Constitution belongs to it but because its work is not always well understood and its place in the framework of American constitutionalism is frequently misinterpreted. How did the branch said by Alexander Hamilton to be “least dangerous to the political rights of the Constitution” become, in Professor Alexander Bickel’s words, “the most extraordinarily powerful court of law the world has ever known”?

In this study of the Court, you will look at the institution’s founding, the establishment of its role in interpreting the very Constitution by which it was created, and its interpretation of the Constitution in several areas: the power of Congress to regulate commerce “among the several States”; the meaning of “the free exercise” of religion; and the president’s power in national security. Among the questions you will examine are the following: What is judicial power? How is it related to the other powers of government? Is the Court the final, authoritative interpreter of the Constitution on matters such as the power of Congress and the president and the meaning of freedom of religion? If so, why? If not, why not? Has the Court correctly understood the meaning of these constitutional powers and rights?

This Academy is a particularly good choice for any student considering law school after their undergraduate education.

The program will be held at Ashland University in Ohio from July 17-July 24. Applications are now open.

I am proud to partner with Ashland on our Virtual Supreme Court Competition.

from Latest – Reason.com https://ift.tt/36ib6tk
via IFTTT

High School Students Can Now Apply for the Ashbrook Academy on the Supreme Court and the Constitution

This summer, the Ashbrook Academy will be hosting a fascinating course for high school students on the Supreme Court and the Constitution. Here is the description:

This Academy is designed to immerse you in the study of the Supreme Court and the Constitution. We study the Supreme Court not because the Constitution belongs to it but because its work is not always well understood and its place in the framework of American constitutionalism is frequently misinterpreted. How did the branch said by Alexander Hamilton to be “least dangerous to the political rights of the Constitution” become, in Professor Alexander Bickel’s words, “the most extraordinarily powerful court of law the world has ever known”?

In this study of the Court, you will look at the institution’s founding, the establishment of its role in interpreting the very Constitution by which it was created, and its interpretation of the Constitution in several areas: the power of Congress to regulate commerce “among the several States”; the meaning of “the free exercise” of religion; and the president’s power in national security. Among the questions you will examine are the following: What is judicial power? How is it related to the other powers of government? Is the Court the final, authoritative interpreter of the Constitution on matters such as the power of Congress and the president and the meaning of freedom of religion? If so, why? If not, why not? Has the Court correctly understood the meaning of these constitutional powers and rights?

This Academy is a particularly good choice for any student considering law school after their undergraduate education.

The program will be held at Ashland University in Ohio from July 17-July 24. Applications are now open.

I am proud to partner with Ashland on our Virtual Supreme Court Competition.

from Latest – Reason.com https://ift.tt/36ib6tk
via IFTTT