Betsy DeVos Would Not Agree to Bar Discrimination by Private Schools That Get Federal Money

President Trump’s budget proposal includes deep cuts to education but funds a new push for school choice.

When pressed by representatives at a House appropriations subcommittee hearing on the budget, Education Secretary Betsy DeVos declined to say if, when or how the federal government would step in to make sure that private schools receiving public dollars would not discriminate against students.

She repeatedly said that decisions would be left to school districts and parents.

Rep. Mark Pocan (D-Wis.) stressed that Milwaukee’s school voucher program has resulted in years of failure. When he pressed DeVos on whether the federal government would hold recipients of public money accountable, DeVos punted.

“Wisconsin and all of the states in the country are putting their ESSA plans together,” said DeVos, referring to the Every Student Succeeds Act, a school accountability law. “They are going to decide what kind of flexibility … they’re allowed.”

“Will you have accountability standards?” Pocan asked.

“There are accountability standards,” DeVos said. “That is part of the ESSA legislation.”

That’s not true. ESSA’s regulations state that the law’s accountability rules do not apply to private schools.

Rep. Katherine Clark (D-Mass.) asked DeVos about a Christian school in Indiana that gets state dollars through a voucher program but explicitly states that gay students may be denied admission.  “If Indiana applies for funding, will you stand up and say that this school is open to all students?” Clark asked.

DeVos said states make the rules.

“That’s a no,” Clark said. Then she asked what if a school doesn’t accept black students.

“Our [civil rights] and Title IX protections are broadly protective, but when our parents make choices,” DeVos started.

“This isn’t about parents making choices,” Clark interrupted. “This is about the use of federal dollars.”

After a few more rounds like this, DeVos said that her “bottom line” is that “we believe that parents are best equipped to make decisions for their schooling.”

Clark said she was shocked by this response.

DeVos’ staff later came to her defense, saying that the line of questioning in the hearing concerned a “theoretical voucher program” and indicated a “misunderstanding” about the federal government’s role in education.

“When States design programs, and when schools implement them, it is incumbent on them to adhere to Federal law,” DeVos’ press secretary Liz Hill said in an email. “The Department of Education can and will intervene when Federal law is broken.”

[Los Angeles Times]

Media

 

Trump Administration Cites Segregation-Era Ruling To Defend Its Travel Ban

In a brief defending its ban on citizens from six Muslim-majority countries, President Donald Trump’s Justice Department approvingly cited a segregation-era Supreme Court decision that allowed Jackson, Mississippi, to close public pools rather than integrate them.

In the early 1960s, courts ordered Jackson to desegregate its public parks, which included five swimming pools. Instead, the city decided to close the pools. Black residents of Jackson sued. But in 1971, the Supreme Court, in a 5-4 decision, decided that closing the pools rather than integrating them was just fine.

The dissents, even at the time, were furious. “May a State in order to avoid integration of the races abolish all of its public schools?” Justice William O. Douglas asked in his dissent.

“I had thought official policies forbidding or discouraging joint use of public facilities by Negroes and whites were at war with the Equal Protection Clause” of the Fourteenth Amendment, Justice Byron White wrote in another dissent. “Our cases make it unquestionably clear, as all of us agree, that a city or State may not enforce such a policy by maintaining officially separate facilities for the two races. It is also my view, but apparently not that of the majority, that a State may not have an official stance against desegregating public facilities and implement it by closing those facilities in response to a desegregation order.”

The ruling in Palmer v. Thompson didn’t explicitly uphold segregation. But it did call for courts to avoid investigating the constitutionality of officials’ motivations.

It is difficult or impossible for any court to determine the ‘sole’ or ‘dominant’ motivation behind the choices of a group of legislators,” the majority opinion said. “Furthermore, there is an element of futility in a judicial attempt to invalidate a law because of the bad motives of its supporters.”

The Trump administration emphasizes this in its citation of the case, arguing that looking into “governmental purpose outside the operative terms of governmental action and official pronouncements” is “fraught with practical ‘pitfalls’ and ‘hazards’ that would make courts’ task ‘extremely difficult.’”

But in some cases, such as the closure of the Jackson pools, officials’ motivations are clear, said Paul Brest, the director of Stanford University’s Law and Policy Lab.

“When it is absolutely clear that an official acted for unconstitutional purposes … [the courts] should be willing to strike down that decision because, even though the decision might have been reached legitimately, a public official violates the constitution when he or she acts for unconstitutional reasons,” Brest said. “It’s as simple as that. … Race discrimination is the best example of where courts are quite willing to take people’s motivations into account — or religious discrimination.”

Palmer is one of the worst Supreme Court decisions ever handed down in regards to race, said Michele Goodwin, the chancellor’s professor of law at the University of California, Irvine.

“Citing Palmer is like citing Buck v. Bell for a premise of equal protection,” Goodwin says. (Buck v. Bell legalized eugenics.) She added that a case like Palmer also doesn’t hold up over time.

“[Palmer] doesn’t represent our view of how law, how people, how society [and] how equality has evolved in the United States,” she said. “To cite a case that, in and of itself, coheres ideas about inequality and explicit racism in spaces where racism could mean the end of someone’s life, then one would really have to question why a president would cite such a case — given how much it’s been refuted.”

John Paul Schnapper-Casteras, a special counsel at the NAACP Legal Defense Fund, wrote in a Sunday blog post that it’s “stunning” to see the Department of Justice approvingly cite a case that “at best allowed pretextual measures for avoiding racial integration ― and, more realistically, facilitated segregation by turning a blind eye to what was clearly going on in the City of Jackson.”

Justice Department lawyers know exactly what they’re doing ― citing different doctrines in an attempt to thwart any reason to examine what Trump on the campaign trail “said, very unambiguously, was to ban Muslims from coming into the country,” he told HuffPost.

“This is less about national security and more about them trying to find any way to insulate the motivation behind this order. Sometimes they invoke national security cases,” Schnapper-Casteras said. “In this case, they invoked a case about segregation.”

A Justice Department spokesman declined to comment.

(h/t Huffington Post)

Trump: Why Couldn’t The Civil War Have Been Avoided?

President Donald Trump is questioning why the Civil War could not have been avoided and says President Andrew Jackson could have prevented it had he been in office “a little later” — comments that immediately drew fire Monday from Democrats who charged the president was ignoring slavery.

“People don’t realize, you know, the Civil War, if you think about it, why?” Trump said in a clip of the radio interview released by the SiriusXM show “Main Street Meets the Beltway.”

“People don’t ask that question, but why was there the Civil War? Why could that one not have been worked out?” Trump added.

Trump’s populist appeal has drawn comparisons to Jackson, a juxtaposition the president embraces. The president visited Jackson’s estate, The Hermitage, in March and placed a wreath on the tomb of the seventh commander-in-chief.

“Had Andrew Jackson been a little later you wouldn’t have had the Civil War. He was a very tough person, but he had a big heart,” Trump said in the interview with the Washington Examiner’s Salena Zito. “He was really angry that he saw what was happening with regard to the Civil War, he said, ‘There’s no reason for this.'”

Jackson died in 1845, 16 years before the war began.

The president was mocked earlier this year when he claimed that the 19th-century abolitionist hero Frederick Douglass had “done an amazing job.”

Trump also has praised President Abraham Lincoln, who served during the Civil War. He told House Republicans in March that Lincoln was a “great president.”

“Most people don’t even know he was a Republican. Right? Does anyone know? A lot of people don’t know that. We have to build that up a little more,” he said.

Former Republican National Committee Chair Michael Steele told NBC News’ Andrea Mitchell that the comments underscore Trump’s often faulty or incomplete view of history.

“There is a clear lack of understanding of the history of this country and particularly of matters related to race and civil rights and the Civil War,” Steele said on MSNBC’s “Andrew Mitchell Reports.”

Media

 

 

Carson Doubles-Down: Slaves Were ‘Involuntary Immigrants’

Housing and Urban Development Secretary Ben Carson doubled-down Monday on his description of slaves as immigrants, arguing that the label fits anyone who comes into a country from the outside – even “involuntary immigrants.”

Speaking to department employees in his first full day on the job, Carson stoked controversy when he said America is “a land of dreams and opportunities,” even for “immigrants who came here in the bottom of slave ships” and “worked even longer, even harder for less.”

The remarks provoked uproar on social media, where many on the left lambasted the HUD secretary for describing slaves as immigrants aspiring for a better life. Both Chelsea Clinton and Samuel L. Jackson also weighed in with disbelief.

On Monday evening, speaking on the Sirius XM radio show of his friend and business partner Armstrong Williams, Carson refused to back away from the remarks.

“I think people need to actually look up the word immigrant,” Carson said. “Whether you’re voluntary or involuntary, if you come from the outside to the inside, you’re an immigrant. Whether you’re legal or illegal, you come from the outside to inside, you’re an immigrant. Slaves came here as involuntary immigrants but they still had the strength to hold on.”

One woman who called into the show said she disagreed with Carson, arguing, “you can’t be an immigrant if you’re brought over here in chains.”

“Yes you can, you can be an involuntary immigrant,” Carson responded.

“We should be proud to have ancestors that had the mental strength to endure what so many others had not been able to endure,” he continued.

“They tried to enslave all kinds of people but they were not able to survive it and that requires a tremendous amount of toughness and will power and strength and hope and they had that. Don’t let someone turn that into something bad.”

Carson said the department employees he addressed earlier in the day understood his message, accusing the media of seizing on a non-existent controversy and overlooking the reception he received.

“Everyone in that auditorium was with me,” Carson said. “They knew exactly what I was saying. It’s only those people who are always trying to stir up controversy. Did they talk about the good things? Or the prolonged standing ovation? All the people standing in line to get pictures, the people who asked very good questions and got answers for them? The lady who stood up and said some of us were concerned but we’re not concerned about you anymore – no, they don’t cover that. They say, ‘ah, he said that slaves were immigrants and that’s a terrible thing to say and he’s out of contact with reality and he’s crazy.’ You know it’s really kind of sad what the media has degenerated into.”

“There were numerous people brought over here on slave ships and it was a horrible thing, I’m not saying that it wasn’t a horrible thing,” Carson continued. “But what I’m saying is that those people were strong, they were strong-willed. They didn’t just give up and die like many of the other people who they tried to enslave. And one of the reasons they didn’t just give up and die is because they used the brain god gave them and they figured a time would come when there would be freedom, a time would come when their children could achieve, so unless you have the ability to maintain that hope and that aspiration, you just give up and you die. Our ancestors did not do that.”

Carson then posted a statement on Facebook that walked back his claims.

(h/t The Hill)

Carson Refers to Slaves as ‘Immigrants’ in First Talk to HUD Employees

Secretary of Housing and Urban Development Ben Carson referred to slaves as “immigrants” dreaming of a better life in a talk with department employees, according to Monday reports.

“That’s what America is about. A land of dreams and opportunity,” Carson said. “There were other immigrants who came here in the bottom of slave ships, worked even longer, even harder for less.”

He added: “But they, too, had a dream that one day their sons, daughters, grandsons, granddaughters, great-granddaughters might pursue prosperity and happiness in this land.”

Carson, longtime supporter of President Trump who was sworn in as HUD secretary last week, compared abortion to slavery during his bid for the Republican presidential nomination.

“During slavery — and I know that’s one of those words you’re not supposed to say, but I’m saying it — during slavery, a lot of the slave owners thought that they had the right to do whatever they wanted to the slave,” Carson told NBC’s “Meet the Press” in October of 2015.

“What if the abolitionists had said, ‘I don’t believe in slavery, I think it’s wrong, but you guys do whatever you want to do?’ ” added the retired neurosurgeon, who opposes abortion even in the cases of rape and incest.

(h/t The Hill)

 

Betsy DeVos Press Release Celebrates Jim Crow Education System as Pioneer of “School Choice”

Donald Trump met Monday at the White House with the leaders of a number of historically black colleges and universities. Secretary of Education Betsy DeVos commemorated the meeting with one of the more bonkers statements you will ever see a 21st century politician make, somehow twisting an attempt to bring up her pet issue of school choice into praise for the segregated higher education system of the Jim Crow South:

First of all, it sounds like a seventh-grader wrote this, which is perhaps what happens when you put someone who has never really had a real job in charge of the Department of Education. Second, this official 2017 federal government press release celebrates legal segregation (!!!) on the grounds that the Jim Crow education system gave black students “more options,” as if there was a robust competition between HBCUs and white universities for their patronage. (When black Mississippian James Meredith chose the “option” of enrolling at the University of Mississippi in 1962, a massive white mob formed on the campus; two people were shot to death and hundreds injured in the ensuing battle/riot, during which federal marshals came under heavy gunfire, requiring the ultimate intervention of 20,000 U.S. soldiers and thousands more National Guardsmen.)

DeVos is delivering the keynote address Tuesday at an HBCU event at the Library of Congress. Should be interesting.

(h/t Slate)

 

Trump’s DOJ Dropping Opposition to Texas’ Racist Voter ID Law

President Trump’s Justice Department is ending the government’s opposition to a controversial voter ID law in Texas, according to a group involved in the case.

Danielle Lang, the Campaign Legal Center’s deputy director of voting rights, told The Associated Press and Talking Points Memo on Monday that the Justice Department informed her group and others suing the state of the government’s change in position.

After six years of legal wrangling, the Justice Department will no longer argue that Texas intentionally sought to discriminate against minorities when it passed the law that mandates voters show certain forms of identification before casting a ballot.

“This signals to voters that they will not be protected under this administration,” Lang told Talking Points Memo.

“We have already had a nine-day trial and presented thousands of pages of documents demonstrating that the picking and choosing of what IDs count was entirely discriminatory and would fall more harshly on minority voters. So for the [Justice Department] to come in and drop those claims just because of a change of administration is outrageous.”

Lang said that despite the federal government’s change of heart, organizations challenging the Texas law will press on.

While a federal appeals court struck down the voter ID law a few months before the 2016 elections on the grounds that it had a discriminatory effect, it sent the question about intent back to the lower courts. The Supreme Court rejected Texas’s appeal earlier this year on the first question.

The Justice Department is expected to lay out its new position during a hearing on Tuesday. Attorney General Jeff Sessions is a supporter of voter identification laws as long as they are “properly drafted” and has voiced skepticism about the Voting Rights Act.

Republicans argue that the limits are unnecessary burdens on a state’s right to make its own laws to protect the ballot box.

(h/t The Hill)

Trump Asked a Black Reporter If the Congressional Black Caucus Are “Friends of Yours”

President Trump’s press conference Thursday had many unbelievable moments. But one of the most shocking was an exchange in which Trump asked a black reporter to set up a meeting for him with the Congressional Black Caucus, and asked if the caucus members were “friends” of hers.

April Ryan, the White House correspondent and Washington bureau chief for American Urban Radio Networks in Baltimore, asked Trump whether he would include the Congressional Black Caucus in conversations about his “urban agenda” for the “inner city.”

But Ryan used the abbreviation “CBC” for the Congressional Black Caucus at first — and Trump didn’t appear to know what she was referring to.

“Am I going to include who?” he asked.

Ryan clarified: “Are you going to include the Congressional Black Caucus and the Congressional Hispanic Caucus — ”

“Well, I would,” Trump interrupted. “I tell you what, do you want to set up the meeting? Do you want to set up the meeting?”

“No, no, no, I’m just a reporter,” Ryan said.

“Are they friends of yours?” Trump asked.

Ryan replied, before Trump cut her off again, “I know some of them, but I’m sure they’re watching right now — ”

“I would love to meet with the Black Caucus,” Trump said. “I think it’s great, the Congressional Black Caucus, I think it’s great.”

As it turns out, the CBC asked Trump for a meeting weeks ago and never heard back:

Trump seems to have assumed that just because Ryan was black and asked a question about the CBC, she would know the caucus members personally and be able to set up a meeting with them. Trump’s question also reveals a basic ignorance of how reporters do their job.

As my colleague Jenée Desmond-Harris has explained, Trump has a big problem with racially stereotyping black people. He seems almost incapable of mentioning black Americans without also mentioning the “inner city,” which he strictly describes as a blighted, crime-ridden hellscape. But that association is not only racist stereotyping — it also doesn’t reflect how black Americans really live.

(h/t Vox)

 

Trump Rips ‘All Talk,’ ‘No Action’ Civil Rights Icon Lewis

President-elect Donald Trump harshly responded to civil rights icon and Georgia Rep. John Lewis on Saturday, calling him “all talk” and “no action” after Lewis said Trump was not a “legitimate” president.

“Congressman John Lewis should spend more time on fixing and helping his district, which is in horrible shape and falling apart (not to mention crime infested) rather than falsely complaining about the election results. All talk, talk, talk – no action or results. Sad,” Trump tweeted Saturday, which happened to fall on the weekend of the Martin Luther King Jr. federal holiday.

Lewis — an ally of King who was brutally beaten by police in Selma, Alabama, in 1965 while marching for civil rights — represents a Georgia district that includes most of Atlanta. On the campaign trail, Trump regularly decried crime in urban areas while pledging to revitalize neighborhoods primarily populated by black Americans.

A Hillary Clinton supporter, Lewis criticized Trump’s ascension to head of state due to Russia’s alleged meddling in the 2016 election.

“I don’t see this President-elect as a legitimate president,” the long-serving Democrat told NBC News’ Chuck Todd in a clip released Friday.

It was an astonishing rebuke by a sitting member of Congress toward an incoming President. Trump, however, largely launched his political career by calling into question the legitimacy of President Barack Obama’s presidency by repeatedly suggesting he wasn’t born in the United States.

(h/t CNN)

Reality

Here is a photo of a young John Lewis being beating by police at Dr. Martin Luther King’s historic march to Selma.

Here is a photo of a young John Lewis with a bloody nose.

Here is John Lewis being yanked from a “white’s only” diner.

Here is John Lewis being arrested for fighting for civil rights.

 

 

Trump Calls on Pennsylvania Crowd to Cheer African-Americans Who ‘Didn’t Come Out to Vote’

Donald Trump’s barnstorming tour across the states that won him the White House continues to feature far more taunts of triumph than notes of healing after a bruising election.

Thursday’s rally in Hershey, Pennsylvania, found the president-elect calling for the mostly white crowd to cheer for African-Americans who were “smart” to heed his message and therefore “didn’t come out to vote” for his Democratic opponent Hillary Clinton.

“That was the big thing, so thank you to the African-American community,” Trump said.

He also edged closer Thursday to completing his Cabinet, announcing his choice for interior secretary: Montana Rep. Ryan Zinke, who should fit smoothly into an administration favoring more energy drilling and less regulation.

The president-elect — who also found time to hit Twitter, playing media critic and then stating anew his doubts about charges that Russia hackers tried to disrupt the U.S. election — boasted to the crowd in Pennsylvania that he captured a state that for many Republicans was “the bride that got away.”

“Everyone leaves Pennsylvania, Republicans, thinking they won Pennsylvania. And they never do. They just don’t win Pennsylvania,” said Trump.

Pennsylvania had not gone for a Republican candidate since 1988. But the Trump campaign staff long thought that the state, rich in white working-class voters, would be receptive to his populist message and not be part of Clinton’s hoped-for firewall.

Trump repeatedly campaigned there, drawing some of the largest and loudest crowds of the campaign. He won the state by less than 1 percentage point, giving him a vital 20 electoral college votes.

The evening rally in Hershey also featured a nearly 20-minute recap of Trump’s election night win with the crowd cheering as the president-elect slowly ticked off his victories state by state, mixing in rambling criticisms of incorrect pundits and politicians from both sides of the aisle.

Trump earlier praised Zinke, a former Navy SEAL, as having “built one of the strongest track records on championing regulatory relief, forest management, responsible energy development and public land issues.” Zinke, 55, was an early supporter of the president-elect and publicly expressed his interest in a Cabinet post when Trump visited Montana in May.

As with several other Cabinet selections, Zinke has advocated increased drilling and mining on public lands and has expressed skepticism about the urgency of climate change. House Speaker Paul Ryan praised the pick, saying Zinke “has been an ardent supporter of all-of-the-above energy policies and responsible land management.”

But his nomination could have a ripple effect on control of the Senate, since Zinke now may forgo what was once a near-certain challenge to Democratic Sen. Jon Tester in 2018.

The president-elect also tapped attorney Daniel Friedman, his adviser on Israeli affairs, to be U.S. Ambassador to Israel. Friedman, in a statement, said he would help fulfill Trump’s promise to move the U.S. Embassy from Tel Aviv to Jerusalem. Many Republican presidents have made a similar vow without success.

Trump also added to his national security team by announcing the appointments of retired Lt. Gen. Keith Kellogg as chief of staff of the National Security Council and Monica Crowley, a Fox News analyst, as the organization’s director of communications. Kellogg spent more than 35 years in the Army and, in 2003, oversaw the efforts to form the new Iraqi military after it was disbanded. Crowley and Fox ended their relationship on Thursday.

Trump has two Cabinet selections yet to make though he also needs to fill out much of his White House staff. And he was busy on Twitter Thursday morning.

He again cast doubt on U.S. intelligence assertions about Russia election hacking, writing: “If Russia, or some other entity, was hacking, why did the White House wait so long to act? Why did they only complain after Hillary lost?”

That assertion is untrue. A month before the election, the Obama administration bluntly accused Russia of hacking American political sites and email accounts to interfere.

Trump has repeatedly said he’d like to improve ties with Russia, a hope that has been echoed in Moscow. Russian Prime Minister Dmitry Medvedev on Thursday lauded Trump’s Cabinet selections, and particularly Exxon Mobil CEO Rex Tillerson for Secretary of State, as people with no “anti-Russian stereotypes.”

The Kremlin has cheered Trump’s victory although some Russian officials have recently said they are not expecting relations between Russia and the U.S., which were battered after Russia’s annexation of Crimea in 2014, to improve overnight.

Trump also tweeted, “The media tries so hard to make my move to the White House, as it pertains to my business, so complex – when actually it isn’t!” His declaration came on the day he was supposed to hold a news conference, now postponed until January, to reveal how he plans to distance himself from his business. Aides said more time was needed to finalize the complicated arrangement.

(h/t Chicago Tribune)

1 8 9 10 11 12 14