Monthly Archives: April 2017

This week is a big week in the world of education law. Today, the U.S. Supreme Court will take up its first case related to state constitutional Blaine clauses. We talked about these ugly little pieces of constitutional language in some detail last week when I highlighted the Independence Institute’s new paper, Blaine’s Shadow: Politics, Discrimination, and School Choice. Check out that paper if you need some historical background on Blaine clauses and what they mean for education today. Before you ask, the court isn’t considering the Dougco voucher case tomorrow. We’re still waiting to find out whether SCOTUS will hear that one. Instead, the high court will hear oral arguments in Trinity Lutheran v. Pauley, which deals with a Blaine-related case out of Missouri. We’ve talked about that case in passing over the year or so since I wrote about it in detail, but a refresher is probably in order. From my previous post: Here’s the skinny: Missouri runs a program under which organizations can apply to the state for grants. That’s not unusual. But here’s the trick: these “grants” do not come in the form of money. They come in the form of scrap rubber. That rubber is used […]

James G. Blaine. You’ve heard that name before, right? Of course you have. I’ve written about Congressman Blaine a number of times, usually in the context of Douglas County’s ongoing legal battle against so-called “Blaine Amendments” through its first-of-its-kind local voucher program. Or maybe I should say programs (plural), as the district’s other voucher program made things pretty complicated for a while before a debatable court decision and a new decision by the board put an end to most of the legal craziness. But while we’ve talked a fair amount about Blaine and the state constitutional clauses named after him, I’m not sure we’ve ever really known the full story. There’s a lot of important history and drama and politics buried behind the simple narrative that most folks just don’t know.  Ross Izard, my favorite policy nerd, set out to tell that story—and to explain why it matters from a constitutional perspective—in his most recent issue paper, Blaine’s Shadow: Politics, Discrimination, and School Choice. 

It’s been a while since we last talked, hasn’t it? I apologize for that. The last few weeks have been absolutely packed with edu-stuff. But I’m back now, and what better way is there to rekindle old fires than to tackle a controversial issue? And what could be more controversial in education right now that U.S. Secretary of Education Betsy DeVos? I wrote about the unhinged shrieking over DeVos following her confirmation hearing. Shortly thereafter, she was confirmed as secretary of education on a historically narrow vote. The shrieking only intensified, so my policy friend Ross Izard used an editorial in The Hill to point out the Left’s rather stark philosophical inconsistency when it comes to ambitious, successful women in politics. As Ross wrote, the Left appears to believe that “Women are to be empowered—unless they disagree with progressive positions.” The furor over DeVos receded somewhat as the healthcare debacle and President Trump’s newly declared war on conservative congressional leaders took center stage. But then, a statement by Secretary DeVos about Denver’s top ranking in the Brooking Institution’s latest Education Choice and Competition Index (ECCI) reignited the fire in earnest. Here’s the full video of DeVos’s remarks at Brookings for […]