Saturday, July 22, 2023

Teacher Care and Keeping

Back in May I was at a school board meeting. Part of the discussion between the board members and an HR presenter was that the district has a hiring and retention problem. The numbers say we’re not as bad as the state average, but still it’s not good. (The video starts at the discussion; the numbers are shown a few minutes before.) They had the data on pay comparisons with other districts, so they ruled that out. And they just couldn’t imagine what was the cause. "Just personal reasons" was all they’d gotten from exit interviews.


board members ask question of the HR presenter
at the CFISD board meeting in May 2023
screenshots from here


It brought to mind conversations I’d had with teachers. One in particular had mentioned multiple times to me about the huge burdens being placed on teachers. I have recently followed up with her, and another teacher, about their experiences.

I waited until after the school year ended and things calmed down, and then made contact with Debbie (not her real name). By the time we conversed, she had actually quit her teaching job and will be looking for “a career in anything but teaching.”

She wasn’t alone. Her entire grade quit; the school will need five or six new 2nd grade teachers by fall. And she said other grade levels are similar. She added that the “administration is completely ignoring the teachers, if they are unaware of why teachers are leaving.” They had lost a 2nd grade teacher the year before. Without replacing that teacher, they spread the burden—the students—among the remaining teachers, supposedly temporarily, but it lasted the full year. And the teachers got no compensation for their extra work. Debbie pointed out to me that it was a way of saving money, just burden the remaining teachers, and they don’t even have to pay for the additional teacher.

Debbie was triggered just by my questions. It was traumatic for her. I first knew her when her children were babies; they’re all grown and graduated now. She taught piano lessons when they were younger, but as they got well into school, she began teaching in 2012. She’s a good, kind person, and wants to be a good teacher. But she said the stress was overwhelming—with even more new policies being added next year.

from the HR presentation at the May Cypress-Fairbanks Independent School District board meeting
screenshot from here

This is 2nd grade. It’s not rocket science. Really, what is it a school district needs from a 2nd grade teacher beyond teaching the kids how to read and write and do basic math? Anything beyond that should be a bonus. But teachers report that they aren’t even allowed to effectively teach the basics.

About pay, she said,

The school board took away our stipend and gave us a 3% raise, which makes our pay the same as the past two years. Our health insurance is going up, so we will make less money than last year. Inflation has gone up 10%. Our days are 1 hour and 15 minutes longer than when I started in 2012, with no compensation for the added hours.

It doesn’t really matter how you compare to nearby districts; if you’re compensating teachers less than you used to—or failing to keep up with the rising cost of living—you’re expecting them to sacrifice to keep a job. And it’s a job you’re making harder.


from the HR presentation at the CFISD board meeting in May 2023
screenshot from here

I was unable to get from her all the details about the credit system for teachers. They need to earn a certain number of credits every two years—on their own time and budget. This could include taking college courses, taking state-provided courses. It could include participating in the superintendent’s book club—which happens to include mainly books pushing the LGBTQ and racist CRT agendas. (Good riddance to this superintendent.) I’m going by memory, and I’m sure I’m missing details. But Debbie had a colleague who had taken a required course, and they were approaching the end—and they placed the final exam on top of her daughter’s wedding. If she didn’t complete the credits, she would lose her teaching job. She asked to be able to take the test another day. They refused. And they suggested that, if she really cared about her job, she would prioritize that test over her daughter’s wedding.

One issue Debbie had relates to a policy issue. Parents have been appropriately concerned about content being taught in schools. Of highest concerns have been CRT (essentially teaching racism, and distorting the history of the country, which was outlawed in Texas two years ago), and, even worse, sexualizing materials, including pushing the LGBTQ agenda. The attack has been on multiple fronts: libraries, curriculum, and classroom materials. The libraries and curriculum can be attacked at higher levels. But teachers have been basically allowed to provide their own libraries in class.

Teachers generally provide these classroom libraries at their own expense—often including the shelving. I would note that classroom libraries were not a thing when I was in school; we had the school library for that. We checked out books at the library weekly, which we could keep in our desks and pull out to read when we had free time. That seemed adequate. But all of my children’s classrooms had class libraries, and they’re a nice luxury. The books are known by the teacher and are aimed at the right grade level.

But if a teacher is one of those who push a “woke” agenda, there’s no accountability unless a parent goes into the classroom and goes through all the books to monitor them, and then goes through a difficult bureaucracy to get harmful materials removed. I remember this coming up in discussions during platform work in 2022. I said the way it was being asked, it was going to be onerous for teachers. And apparently it is. It may be part of the READER Act, passed this legislative session, going into effect this fall. But Debbie was dealing with something that was already policy, so I’m not sure if that came from the legislature or the district (which doesn’t have a problem with the materials per se; read here).

Debbie said they were going to force her—and all other teachers—to spend their summer cataloguing every book or any other material she had brought for classroom use. It would be on her own time, uncompensated, of course. She had, she said, over a thousand books and items. The result was that she and all the other teachers she knows removed their class libraries, which she felt like was a real loss to her students.

That kind of oversight seems above and beyond what a teacher should be expected to endure. On the other hand, that’s only true if we have teachers we can trust. We learned during COVID not to trust, when parents could actually observe. This means, not just the untrustworthy teachers are affected, but the good ones as well, unfortunately.

I could say here, as I often do, that if you have teachers you can’t trust, you shouldn’t be sending your children to them. Pull them out. Homeschooling is an option—and I think it’s a better option than private school—for parents who care and are committed to doing whatever it takes. But I understand that not every family can do that—or at least they can't see how they could.

Another teacher I talked with—who quit a year ago (I hadn’t been aware until we talked)—added more information. She had been an elementary art teacher. While she had taught art at all levels, and in multiple districts, this is where she was for the final two years. She isn’t likely to go back to public school teaching. Again, her issues were frustrating and systemic. And they bring up so much negative that we limited it to one long session, and then she promised me she was going to put it out of her mind and go back to not thinking about it again. Ever!

In our district they call art, music, and PE “large group” classes. She felt belittled by that, as though they don’t matter except to babysit larger numbers at a time. She persuaded the staff at her school to call them “specials.” They have real skills that not every teacher can offer. They deserve respect.

They have a rotation that handles several classes. Not every class is overwhelming in size, but every day there is one such class. Her biggest had 53 students. She didn’t have an aide. This was hands on and active, with kids moving around and doing things, often with messy materials, and with her going from student to student. 53 is a ridiculous number of students for such a class. When she asked for help, the administration would refer her to resources about classroom management—as if it was her personal lack of skill that made handling 53 elementary kids a difficult task. They were blaming her. They told her there wasn’t money for aides, even though other teachers could get aides when they needed them. If they didn’t have enough aides, maybe it was because they didn’t pay enough for them. That’s what some former aides had told her.

I’ve noted this before, but the priorities of this district seem warped to me. We have 41% of 3rd graders (the year they’re tested) who cannot read at grade level. The school has one purpose: teach kids to read, write, and do basic math. They fail at this. But they have a brand new administration building, named for the retiring superintendent who has been a blight on the district—at the highest superintendent pay in the state at over half a million a year. This building can house more employees—all of whom work outside of the schools—than any district should have. All administration professionals. Not teachers, bus drivers, or anyone else that interacts with children. But they can’t afford aides in a classroom of 53 students. Hmm.

I'm not questioning the intentions or abilities of all of these employees; I'm just wondering what they've been hired for when we have so much need in the classrooms—which we are told we can't afford.


The newly opened Mark Henry Administration Building for CFISD; there's 
an additional building on the left, not pictured. There's a big marquee
you can see from the freeway. How many admin workers can this place hold? And why?

While “specials” aren’t the basics, they are some of what makes for a well-rounded person. And they’re considered the fun classes. But this school, Susan said (not her real name), sucked all the fun out.

The overburdened teachers asked if they could add other “specials” classes, like computers, for example. That would lower the class size for all the specials. But they were told no. No money. No room for that.

Susan suffered the worst experience of her life in this teaching stint. A student accused her of hitting him. It didn’t happen. The mom went directly to HR, who went to the principal, who eventually talked with Susan. The administration appeared to believe the student and disbelieve her. They did a thorough investigation, interviewing her, the student, the parent, and multiple students who were there when the supposed incident took place. Fortunately, the students verified her claim that no such incident happened. She was cleared. But that had not been a sure thing, because you don’t know whether kids will lie for one another for some reason you don’t perceive—especially for a teacher who sees them weekly in a large group, rather than daily in a smaller classroom. Eventually the mom admitted that her child was known to lie. You’d think she might have considered that before putting the teacher through this ordeal. Not at any time did this teacher feel support from the school administration or the district.

When I’ve talked with other people (including school board candidates) about challenges for teachers, the first thing they mention is class discipline. They can’t really discipline. When the teacher calls a parent about their disruptive child, often they tell the teacher to handle it. Or they blame the teacher.

Susan says what it comes down to is too many homes where kids aren’t taught basic polite behavior. If the child is allowed to bad mouth a parent without repercussions, they’ll do it to a teacher or any other authority figure. What we have are kids who don’t get the parenting they need at home. 

But teachers are not parents. We need to expect more from students—they tend to rise to expectations. But we also need to expect more from parents. And we need administrators who deal with problems that are getting in the way of learning for all the rest of the kids.

While Susan’s and Debbie’s experiences aren’t unusual, and probably all teachers feel overburdened, not all teachers are ready to give up teaching. They put up with whatever is required—for a couple of reasons. They feel called to teach; it’s their life’s work. And/or they need this job and don’t see any other path but to suffer whatever it takes. Fortunately, Susan and Debbie had alternatives.

Debbie says the district knows the problems they’re causing teachers; they just don’t care. Or they don’t believe them. I wonder about all those hundreds of employees sitting in plush new offices in the administration building, out of sight of actual school life. Are they just out of touch?

The “woke” agenda people talk about how much they care about the kids. Don’t let that fool you. They also say they care about teachers—but they really mean they care about teacher unions (read here), and that’s pretty much the opposite of caring about teachers or students.

We’re in school board season. For some reason (probably purposely to have low turnout) school board elections are in odd years. This weekend begins candidate signups. I’ve been in a group of precinct chairs vetting candidates—since January. We think we have some that will prioritize the will of parents and community—and our values. We hope that electing good people will make a difference. We got three good board members elected two years ago. The other four positions are on this year's ballot, with just one incumbent. We think we have a good chance. It will be satisfying to see what a conservative, parent-focused board can do as a majority.

One thing is certain: you don’t get the schooling you want for your kids without a whole lot of your personal involvement.

Friday, July 14, 2023

The Real-Life Hero

We watched a movie last weekend that probably many of you have seen by now. If not, put it on your calendar ASAP. It’s Sound of Freedom, with Jim Caviezel playing real-life child rescuer Tim Ballard. The subject matter is tough, but they make sure the movie doesn’t have anything in it that would satisfy a pervert. All that ugliness is implied off scene. 


Sound of Freedom movie poster, image from Angel Studios


The Real-Life Hero

It’s about the rescue operation—a real one, from 2014. It was reported on at the time by CBS News, so don’t let the MSM be telling you it’s made up or exaggerated. It’s very real. It was, by the way, after seeing this news story that movie director Alejandro Monteverde [or it might have been producer Eduardo Verastegui, not sure now who I was listening to], who had been working on a script for a similar fictional story, approached Tim Ballard about telling his real story.


Tim Ballard, CBA news story in 2014
screenshot from here

I’m sure some details were changed for making a movie. Characters get combined. Parts of the operation are left out of the story. But it is very much a real-life story.

I’ve known someone who went on a rescue mission with Tim Ballard. He was background only, not in any unsafe role; he had some security training, though not enough to be an actual agent, but he looked the part of a slightly exotic looking rich guy (which he was not; he was a Latter-day Saint returned missionary college student). Tony Robbins, one of the benefactors of Operation Underground Railroad, also went on one of these missions, which they talk about in an interview together.

Note the years: 2013, 2014, and beyond. Q, whatever that is, didn’t begin until October 2017, a year into the Trump presidency. (Anons are the followers; the term QAnon is a derogatory term invented by those who want anyone who even wonders if it might be true to be painted as conspiracy theorists.) While both Tim Ballard and Jim Caviezel have talked about the term adrenochrome, a substance derived from blood and tissues of children, which has been well documented for some time in its use by African witch doctors, and is thought to have youth-maintaining qualities. It is an issue attached to child trafficking—which includes organ harvesting and other atrocities. But Ballard has been clear that he’s not related to Q. His work certainly isn’t an outgrowth of a Q idea, since Ballard worked against child sex trafficking for a decade and a half before Q came on the scene.

It’s odd how MSM sources are suddenly trying to downplay or disparage Operation Underground Railroad. I think it’s because the administration’s lack of a southern border feeds child sex trafficking. Ballard testified to Congress to that effect in 2019. So did Sheena Rodriguez this year, who spoke at our Tea Party in April, telling us what she’d seen at the border, and then testified to Congress here. Things have gotten worse since the Biden administration changed their policy so that they do not vet those receiving unaccompanied minors after they cross the border; the administration will even fly or bus the children to their would-be traffickers. MSM can’t seem to diverge from this administration’s lies, no matter how unsavory.

I’ve been watching Tim Ballard, often along with Jim Caviezel, and sometimes with director Alejandro Monteverde, in dozens of interviews the past few weeks. As word-of-mouth campaigns go, this one has been stellar. I was surprised when Mr. Spherical Model told me he hadn’t ever seen Tim Ballard. This was in response to my surprise at how well they did at getting Jim Caviezel to kind of look like Tim Ballard. 

I’ve been watching and hearing from Tim Ballard for a good part of a decade. These photos, below, are from a news story about a sting operation related to the Super Bowl in 2017; I wrote about it here.  (The original news story is here.) In that post I reference an interview he did shortly before that with Glenn Beck, here. (The story is still at that link, but the video is no longer available there.)


Tim Ballard from 2017 news story
screenshot from here


from 2017 news story of sting operation
screenshot from here


Tim Ballard is far from the only group fighting against sex trafficking. I wrote about a couple of instances too close to home, here and here.  

Tim Ballard is an excellent storyteller, which is yet another special skill that seems to make him prepared by God to do this work. (I pray that he will always have the Holy Spirit to guide him in all he does—and those he works with; it is a dark and dangerous world.) He praises Harriet Beecher Stowe, the author of Uncle Tom’s Cabin, as the storyteller that helped the original Underground Railroad, and facilitated the eventual outlawing of slavery in the US. We can hope that this movie, Sound of Freedom, will be a similar catalyst in our day.

My first time hearing Tim Ballard’s story was at a Time Out for Women conference in Houston, a gathering of Latter-day Saint women. I think it was 2016 or 2017. Ballard told some of the story told in the film, but he also told the story of the adoption of his two children from Haiti (he and his wife had six children at the time and have had one more of their own since, for a total of nine).

There was a hint from Jim Caviezel in an interview that there will be a second movie about Tim Ballard and his work, picking up in Haiti, right after the end of this film. Already there are documentaries, available on the OUR website.  And there will be a documentary of the operation, called Triple Take, of the operation seen in Sound of Freedom, coming out in late summer/early fall.

Tim Ballard often credits his wife, Catherine (I don't know how she spells it) with the spiritual strength that led to his giving up his Homeland Security job and financial security and going off in the private sector with a nonprofit, and with the decision to adopt those two children.

It helps to understand that Tim Ballard is a member of The Church of Jesus Christ of Latter-day Saints. The reason he is fluent in Spanish is because of his two-year proselyting mission to Chile. I am still in awe and wonder at a member of the Church being able to do the undercover work while maintaining his covenants. For example, he doesn’t drink alcohol.

My dad was in the OSS in WWII; he didn’t drink either. And in the testing phase, weeding people out, they had to maintain a character during a cocktail party. He passed the test, because his mind remained clear and he was able to stay in character. Of those weeded out, it was because the alcohol lowered their inhibitions, and they gave themselves away.

So I’m surmising that being the clear-headed person in a room of drinkers and drug users might be an advantage. But I don’t know how he abstains without their noticing.

Tim has an innocence about him that I think must be challenging to cover up, along with bright blue eyes. There’s nothing dark about him. And yet he can transform into this other, near-demonic being for the purposes of getting those children rescued. [Note: He doesn’t do undercover anymore; his face is too well known.]


The Story of His Children

He has talked about a change that took place near the time that he started Operation Underground Railroad and the adoption of the two children. Before that, he could always identify each child with a child of his own, because of their age range. But he worked to not get attached. He couldn’t sleep afterward if he was still thinking about any given child.

But after the operation in Haiti, he couldn’t stop thinking about this little girl and boy. And he couldn’t sleep. He called his wife, trying to work it out, process it, and get them gone from his mind. He tells the story now saying his wife tells him she wants to be their mother. But in the early telling of this story, he says she said to him, “You want to adopt those children,” realizing it from what he was talking about. And he was shocked. No! That thought hadn’t entered his mind. But after talking through it, he realized that was what he was thinking. She encouraged him to stay and do whatever paperwork it took and get those children.

There was quite a bit more to the story. Although they had been rescued from an orphanage that was intending to traffic them (so it was before they were actually trafficked; the two children had lost their parents in the Haitian earthquake), they got moved before he had them. It took a number of miracles—literal miracles of timing and meeting certain people—to be able to get them tracked down. In total, I think it was two years before they got them to their home in Utah.

Since that time he has found that it is actually useful to him to picture the children he’s rescuing as his own. He has to stay in character, and fulfill the mission, because otherwise he would be failing to save a child like one of his own.

A part of the Haitian story, the beginning of it, was a Latter-day Saint bishop in Haiti, Guesno (I don’t know how to spell it; they speak Haitian Creole on that part of the island, and Spanish over in the Dominican Republic on the other side), Guesno’s son, Gardi, was kidnapped—from the church building. I can hardly imagine the horror of that. This was shortly before the earthquake, which made tracking Gardi down even harder. But Tim Ballard was determined.

After the earthquake, so many children were orphaned that traffickers swooped in. It had been a corrupt country that trafficked children already. People would put up a sign that said “Orphanage,” and young children would be brought there by well-meaning people, thinking the children would now be cared for. It was at one of these orphanages where Tim Ballard and crew set up a sting operation. They posed as buyers—and in fact made the deal to purchase children. Once the deal was made, the officials came in and made arrests, and something like 29 children were rescued that day.

The hope had been that Guesno’s son, Gardi, would be among them, but he was not. Tim went back to Guesno with the news, in tears. They both were mourning, as I can only imagine. But when Guesno heard of all the other children who were rescued, he stopped crying. They would keep looking (I believe they are still looking for Gardi to this day), but Guesno said he understood the need to sacrifice his son for the lives of those children—an Abraham-like sacrifice, which is in similitude of our Father’s sacrifice of His Son Jesus Christ. Those children wouldn’t have been rescued if Tim Ballard hadn’t been looking for Gardi. Then Guesno said if homes couldn’t be found for any of those children, he and his wife would adopt them. They adopted eight of them.

Tim Ballard tells the stories a little differently to a Latter-day Saint audience, adding the faith and miracles. And there were many.

One thing that has affected me this week, as I face the challenges of my life, which are so mundane by comparison, is that I think, Tim Ballard was brave enough to go into the jungles of Colombia to rescue a girl from the cartel; I can certainly make a scary phonecall, or keep a challenging scheduling commitment.

He is a real life hero.

 

The Wheat and Tares Separation

The separation is happening—as in the wheat from the tares, mentioned in the New Testament, referencing our day: the Last Days. It’s happening. (I wrote about this metaphor here.) In case you need reminding of how that parable turns out, after the wheat is gathered separately from the tares, the tares are burned and disposed of.


Wheat, left, and tares (weeds that look like wheat in their
early stages); image found here

Last year’s Dobbs ruling, ending the legalization of abortion that happened with Roe v. Wade some 60 million abortions ago—you cannot be pro-abortion and be among the wheat. You mark yourself as a tare (weed) when you support the murder of unborn innocents. 

This movie about child sex trafficking is getting more notice than one could rightly expect. They had hoped to see revenue of about $20 million, as an estimate of their reach. As of today they’ve brought in $70 million—and this second weekend of its showing is barely underway. The film is independent and relatively low budget—although with very high-quality cinematography and acting. It was filmed three or four years ago and then sat on a shelf, passed from one distributor’s hands to another (including Disney at some point), but wasn’t scheduled for release. 

Finally, Angel Studios got hold of it. Amazon wouldn’t stream it for them. Netflix wouldn’t stream it. So they did their online marketing thing (think The Chosen) and presold enough tickets to get wide release in theaters.

And, really, it should be seen in theaters. You want to watch it without distractions, with everyone in the theater experiencing it at the same time. Because it is an experience that can change you.

If you can’t afford the tickets, Angel Studios has a pay-it-forward plan, where people can donate to buy tickets so others can see it. You can access those free tickets on their website (angelstudios.com). If you have the money but not the time, consider donating for someone else to see it.

In another month or so, it will be streamed for free, I believe on Twitter. The need is for as many people to see it as possible. Once you’re aware of the problem, you can’t help but take a side. Seeing it sorts you into the wheat or the tares. Actually, I expect most of those who see it to be wheat; those claiming, without seeing it, that it’s an exaggerated problem, or not real, or a conspiracy theory—those are the tares. The self-sorting is going on right in front of us.

These two issues, about harming innocent children of God, are maybe the most obvious. But there are probably a few other separators: anti-family ideas, for one. Among these are erasing the value of women and motherhood. We see that in the trans movement, and in feminism—which means valuing women who behave as bad men rather than as good women. And erasing masculinity—the desire to protect and provide for women and children, calling that toxic; that’s another.

We could add the separators related to the pandemic, the 2020 election (and other elections), what happened on January 6—and in an opposite way, what happened during the Black Lives Matter “mostly peaceful” riots of the summer of 2020. Some of those might not be as clear to everyone yet, because of censorship. In fact, almost anywhere you see censorship or coercion, you’re seeing the tares try to choke out the wheat. But the tares are beginning to fail. Truth is getting out.

We are coming to a time, pretty abruptly, that you can’t ignore great evils among us. You either take a stand on the side of God, or you by default place yourself on the side of Satan. It is a choice. And if you’re “awake to a sense of your awful situation, because of this secret combination which shall be among you,” [Ether 8:24, Book of Mormon] then you will choose to act so that “evil may be done away” [verse 26]. 


Friday, July 7, 2023

Supreme Court Season Finale

For some time now I’ve been watching a set of cases on the docket for the Supreme Court. The list was basically brought to my attention by Heritage Action, although many others have been watching these as well. All but one of these has been ruled on—most of them just last week, which is the SCOTUS version of the end-of-June finale.

Here’s the list we’ll be going through:

Case

About

Date

Ruling

303 Creative v. Elenis


Freedom from coercion for creative services

June 30

No coercion allowed

Students for Fair Admissions v. Harvard and Students for Fair Admissions v. University of North Carolina 

Affirmative action in college admissions

June 29

No racism by affirmative action in college admissions

Biden v. Nebraska  and Department of Education v. Brown 

Biden’s student loan forgiveness order

June 30

June 30

Not legal except through legislation

Allen, Alabama SOS, et al. v. Milligan 

Redistricting

June 8

Minorities must be represented in redistricting

Moore v. Harper 

Redistricting

June 27

 Federal courts have some oversight authority

Loper Bright Enterprises v. Raimondo 

Reconsider Chevron deference, regulatory powers

NA

Not yet ruled

  

303 CREATIVE LLC v. ELENIS

Synopsis:

Lorie Smith wants to expand her graphic design business, 303 Creative LLC, to include services for couples seeking wedding websites. But Ms. Smith worries that Colorado will use the Colorado Anti-Discrimination Act to compel her—in violation of the First Amendment—to create websites celebrating marriages she does not endorse. To clarify her rights, Ms. Smith filed a lawsuit seeking an injunction to prevent the State from forcing her to create websites celebrating marriages that defy her belief that marriage should be reserved to unions between one man and one woman.

The ruling: The First Amendment prohibits Colorado from forcing a website designer to create expressive designs speaking messages with which the designer disagrees.

Response:

As you might expect, the opposition to freedom is very put out that they don’t get to coerce behavior and force submission to their agenda. Transportation Secretary Pete Buttigieg was particularly offended. Although his Transportation position gives him no special knowledge about online businesses or First Amendment free speech rights, he’s homosexual, so he thinks that should give him a right to complain about the ruling. His complaint was that this was all a setup; the woman wasn’t harmed by the law but just filed suit to get a ruling. Yes, I think that’s what the synopsis says. It has taken seven years to get through the judicial process, and we can thank her for asking the question and pushing it through to a final answer: creative service providers cannot be coerced into producing messages that violate their personal beliefs.

During those seven years of waiting for a decision, she was not able to go ahead with the wedding website business in question. I was glad to note it was only an expansion of the design business she was already doing, so she wasn’t deprived of a living in the interim. Now she can go ahead with the expansion if she so chooses. And so can other creative service providers.

We might note that such services also could choose not to provide pro-Nazi messages, or pro-Moloch worshipping. Or even something the opposition might loathe, such as a pro-MAGA message. Coercion is taken off the table. Thank you, Supreme Court.

There’s a fair amount of similarity here between this case and the Masterpiece Bakeshop case in 2018, including the state it’s coming from. In that one, however, the question wasn’t finally decided; the baker won because the state of Colorado was illegally targeting based on religion. That meant, if the state could find a way to discriminate against him without making it look religious-based, they still might force him to produce artistic services against his beliefs—which a series of cases against him have continued to attempt. This case settles the question more broadly: creative service providers cannot be coerced.

No one loses here. There are plenty of other such service providers—which was true in the Masterpiece Cakeshop case as well, and the Barronelle Stutzman case out of Washington State, and multiple others. It has never been about certain people getting the products they wanted; it has been about coercing other people, against their will, to provide those products for them. Because, tolerance and stuff.

 

STUDENTS FOR FAIR ADMISSIONS v. HARVARD and STUDENTS FOR FAIR ADMISSIONS v. UNIVERSITY OF NORTH CAROLINA

Synopsis:

Harvard College and the University of North Carolina (UNC) are two of the oldest institutions of higher learning in the United States. Every year, tens of thousands of students apply to each school; many fewer are admitted. Both Harvard and UNC employ a highly selective admissions process to make their decisions. Admission to each school can depend on a student’s grades, recommendation letters, or extracurricular involvement. It can also depend on their race. The question presented is whether the admissions systems used by Harvard College and UNC are lawful under the Equal Protection Clause of the Fourteenth Amendment.

The Ruling: Harvard’s and UNC’s admissions programs violate the Equal Protection Clause of the Fourteenth Amendment.

Response:

There’s some interesting debate going on in the footnotes, thanks mainly to Justice Clarence Thomas, who has some life experience on this subject. In his autobiography, he tells us the harm affirmative action did to him. He went to Yale for law school, on his merits. But he couldn’t get hired afterward, because the assumption was that he was an affirmative action recipient, so potential employers didn’t think he was really qualified. He did grow up poor and underprivileged. But he got where he has by sheer grit and hard work, and a mind he uses to good effect. He put a nickel yard sale sticker on his framed diploma, because that’s what it was worth to him—because of affirmative action’s unintended consequences. Here’s his first footnote, referencing Justice Ketanji Brown Jackson’s dissent from the Court’s opinion:

Footnote 1, “According to SFFA’s expert, over 80% of all black applicants in the top academic decile were admitted to UNC, while under 70% of white and Asian applicants in that decile were admitted. 3 App. in No. 21–707, at 1078–1083. In the second highest academic decile, the disparity is even starker: 83% of black applicants were admitted, while 58% of white applicants and 47% of Asian applicants were admitted. Ibid. And in the third highest decile, 77% of black applicants were admitted, compared to 48% of white applicants and 34% of Asian applicants.”

In chart form it looks like this: 

 

Race   

Decile of applicants accepted at UNC

Top decile

2nd decile

3rd decile

Black

>80%

83%

77%

White

<70%

58%

48%

Asian

<70%

47%

34%

 

 The footnote adds info about Harvard (not quite enough to chart, but significant.)

The same is true at Harvard. See Brief for Petitioner 24 (“[A]n African American [student] in [the fourth lowest academic] decile has a higher chance of admission (12.8%) than an Asian American in the top decile (12.7%).” (emphasis added)); see also 4 App. in No. 20–1199, p. 1793 (black applicants in the top four academic deciles are between four and ten times more likely to be admitted to Harvard than Asian applicants in those deciles).

An interesting detail I heard (on a podcast, haven’t verified) was that, of blacks accepted to Harvard, the vast majority come from other than hardship—from mainly upper middle class. They aren’t giving opportunity to underprivileged blacks, as they claim is their intended goal. One might also wonder how many of the privileged blacks are taking the slots of underprivileged whites (including Hispanics) and Asians, who may have the aptitude but not the “right” skin color.


Justice Clarence Thomas
photo by Erin Schaff/The New York Times via AP, Pool; found here

Justice Thomas wrote a scathing rebuttal of Justice Brown’s dissent in his concurrence. Justice Brown, it might be noted, was put on the Court because Biden promised to appoint a black woman, which she is, rather than a qualified justice, as ought to be the goal. Thomas said,

JUSTICE JACKSON’s race-infused world view falls flat at each step. Individuals are the sum of their unique experiences, challenges, and accomplishments. What matters is not the barriers they face, but how they choose to confront them. And their race is not to blame for everything—good or bad—that happens in their lives. A contrary, myopic world view based on individuals’ skin color to the total exclusion of their personal choices is nothing short of racial determinism.

There’s more:

JUSTICE JACKSON then builds from her faulty premise to call for action, arguing that courts should defer to “experts” and allow institutions to discriminate on the basis of race. Make no mistake: Her dissent is not a vanguard of the innocent and helpless. It is instead a call to empower privileged elites, who will “tell us [what] is required to level the playing field” among castes and classifications that they alone can divine.

For a collection of some of these fireworks, see this Townhall piece

 

BIDEN v. NEBRASKA 

This case and Department of Education v. Brown, below, both address the Biden administration’s student loan bailout.

Synopsis:

All this leads the Court to conclude that “[t]he basic and consequential tradeoffs” inherent in a mass debt cancellation program “are ones that Congress would likely have intended for itself.” West Virginia, 597 U. S., at ___. In such circumstances, the Court has required the Secretary to “point to ‘clear congressional authorization’ ” to justify the challenged program. Id., at ___, ___ (quoting Utility Air Regulatory Group v. EPA, 573 U. S. 302, 324). And as explained, the HEROES Act provides no authorization for the Secretary’s plan when examined using the ordinary tools of statutory interpretation—let alone “clear congressional authorization” for such a program. Pp. 19–25.

The Ruling: Reversed and remanded.

1.      At least Missouri has standing to challenge the Education Secretary’s program.

2.      The HEROES Act [Higher Education Relief Opportunities for Students Act of 2003] allows the Secretary to “waive or modify” existing statutory or regulatory provisions applicable to financial assistance programs under the Education Act, but does not allow the Secretary to rewrite that statute to the extent of canceling $430 billion of student loan principal.

Response:

The executive branch overreach is curtailed, at least for now. The scheme to forgive debts—and placing that debt burden instead on taxpayers—is not allowed by executive order. It must go through a legislative process to be done—but then it can be done, according to this ruling. I hope it isn’t It doesn’t seem right for people who paid off their school debts, or who didn’t get higher education because they didn’t feel like they could take on the debt, are conscripted into paying the debts of privileged students.

There’s another question altogether, not handled here, of course, about the value of the education for the price. There ought to be more transparency in borrowing about whether the particular education will yield some value to the person taking on that debt, as to whether the education will lead to income enough to pay off the debt—or at least the information showing that it will not.

Heritage did an analysis of the oral arguments, ahead of the ruling, here

Biden may already be scheming on a work-around, or possibly do as directed by the Court and let the legislature to do it. We’ll see how determined they are to buy votes with taxpayer money.

 

DEPARTMENT OF EDUCATION v. BROWN 

Synopsis:

The “complaint alleges that the Secretary was required to follow notice-and-comment and negotiated-rulemaking procedures in promulgating the Plan, which all agree he did not do. Brown and Taylor argue that the HEROES Act’s procedural exemptions apply only when the rule promulgated is substantively authorized by the Act, and because the HEROES Act does not authorize the Plan (they argue), the Secretary was required to follow negotiated rulemaking and notice and comment.

The Ruling: Because respondents fail to establish that any injury they suffer from not having their loans forgiven is fairly traceable to the Plan, they lack Article III standing, so the Court has no jurisdiction to address their procedural claim.

Response:

This case is mainly dismissed based on plaintiffs not having standing. If this were the only case, the issue wouldn’t be settled. But it was settled in Biden v. Education; see that response above.  

 

ALLEN v. MILLIGAN

Synopsis:

The court decides that the state of Alabama’s 2021 congressional redistricting plan violated Section 2 of the Voting Rights Act, which prohibits practices or procedures that discriminate on the basis of race.

The Ruling: The Court affirms the District Court’s determination that plaintiffs demonstrated a reasonable likelihood of success on their claim that HB1 violates §2.  

The Court did not rule in a way to change the Gingles 3-part test for discrimination in voting redistricting that has been used for 40 years.

The Court’s opinion does not diminish or disregard the concern that §2 may impermissibly elevate race in the allocation of political power within the States. Instead, the Court simply holds that a faithful application of precedent and a fair reading of the record do not bear those concerns out here.

Response:

While it doesn’t look like a victory for “colorblind” methods of redistricting, which ought to be an ideal goal, it also isn’t disastrous. In Alabama, the “Black Belt” voting bloc tends to vote Democrat in a state that votes typically Republican. Because this minority votes differently from the majority, the question comes up about their ability to be represented. The possible silver lining is that minorities of other types might also benefit from this ruling in future situations. States cannot set up their districts in such a way that shows their intention to discriminate against any particular minority, which may include religious or non-woke minorities. So, while it doesn’t look like an immediate win, we’ll watch and see.

 

 

MOORE v. HARPER 

Synopsis:

This case concerns the claim that the Clause [Art. I, §4, cl. 1 of the US Constitution] vests state legislatures with authority to set rules governing federal elections free from restrictions imposed under state law. Following the 2020 decennial census, North Carolina’s General Assembly drafted a new federal congressional map, which several groups of plaintiffs challenged as an impermissible partisan gerrymander in violation of the North Carolina Constitution. The trial court found partisan gerrymandering claims nonjusticiable under the State Constitution, but the North Carolina Supreme Court reversed. While acknowledging that partisan gerrymandering claims are outside the reach of federal courts, the State Supreme Court held that such questions were not beyond the reach of North Carolina courts. The court also rejected the argument that the Federal Elections Clause vests exclusive and independent authority in state legislatures to draw federal congressional maps. The court enjoined the use of the maps and remanded the case to the trial court for remedial proceedings. The legislative defendants then filed an emergency application in this Court, citing the Elections Clause and requesting a stay of the North Carolina Supreme Court’s decision. This Court declined to issue a stay, but later granted certiorari….

The court ultimately withdrew the opinion in Harper II concerning the remedial maps and overruled Harper I, repudiating its holding that partisan gerrymandering claims are justiciable under the North Carolina Constitution. The court dismissed plaintiffs’ claims but did not reinstate the 2021 congressional plans struck down in Harper I under the State Constitution. This Court has entertained two rounds of supplemental briefing on jurisdictional questions in light of the state court’s rehearing proceedings.

The Ruling:

1.      The North Carolina Supreme Court’s decision to withdraw Harper II and overrule Harper I does not moot this case. Prior to the appeal and rehearing proceedings in Harper II, the court had already entered the judgment and issued the mandate in Harper I, and the legislative defendants acknowledged that they would remain bound by Harper I’s decision enjoining the use of the 2021 plans.

2.      The Elections Clause does not vest exclusive and independent authority in state legislatures to set the rules regarding federal elections.

3.      Although the Elections Clause does not exempt state legislatures from the ordinary constraints imposed by state law, federal courts must not abandon their duty to exercise judicial review. This Court has an obligation to ensure that state court interpretations of state law do not evade federal law.

The Court need not decide whether the North Carolina Supreme Court strayed beyond the limits derived from the Elections Clause, as petitioners did not meaningfully present the issue in this Court.

Response: Roberts wrote the opinion, and was joined by the Democrat side of the Court as well as Kavanaugh. Again, this is also mixed, a similar case to Milligan. For more background, you can read Heritage legal scholar Hans von Spakovsky on the impact of the new North Carolina Supreme Court ruling and his earlier background on the case.

 

 

LOPER BRIGHT ENTERPRISES v. RAIMONDO:

Summary: This case considers the question of whether the Court should overturn (or clarify) the Chevron doctrine, which says that when a statute is ambiguous, courts should defer to the federal agency’s interpretation of the statute so long as that interpretation is reasonable (even if a court believes that the interpretation is wrong). The Court has been pushing back on Chevron deference for years. Justice Gorsuch has appeared to be particularly willing to reconsider Chevron deference.

The Ruling: This one hasn’t been decided yet. Deadline for filing the joint appendix and petitioners' brief on the merits is extended through July 10, 2023. The time to file respondents' brief on the merits is extended through August 30, 2023.

SCOTUSblog shows the various movements in the case, including the most major motion granted on June 5 to extend the time to file the briefs. 

Response:

Technically this is still in this year’s (the 2022) session, but it’s unclear to me whether a ruling will come out before the beginning of the next term. We think of June 30 as a deadline, but that is traditional only. However, I don’t see that oral arguments have been heard, and they may not be until after the briefs are all filed. Somebody who knows procedure better than I do might be able to say whether this will push the case into the 2023 session, which ends next June, but a ruling could come out whenever the Court is ready.

This could return the power to interpret law to the courts and will help rein in the power of executive branch agencies. It may also prompt Congress to write more precise laws. Read more from Heritage legal scholars on Chevron deference.

As I was reading the Declaration of Independence on July 4th, one of the grievances stood out to me. Replace King George with The Federal Government, and it says:

[The Federal Government] has erected a Multitude of new Offices, and sent hither Swarms of Officers to harass our People, and eat out their Substance.

That’s the regulatory state in a nutshell. We didn’t consent as a people to these executive branch agencies taking over the duties of the legislature and judiciary and regulating us out of our freedoms. So I hope this case goes well.

 

Overall, it was a pretty good SCOTUS season for our Constitution.