Tapped: The Prospect Group Blog

Supreme Court: Defendant’s Race Cannot Inform Sentencing

In October, we covered Buck v. Davis, a death penalty case that was being argued before the U.S. Supreme Court. On Wednesday, February 22, the Court ruled in favor of convicted murderer and condemned prisoner Duane Buck and sent his case back to the appeals court. Procedurally, the case was a complicated mess, but it was ultimately about keeping racial bias from contributing to a man’s execution. As we noted at the time:

In the broadest sense, the moral and societal question facing the Court is whether in America a man may be sentenced to death based on evidence that is unconstitutionally tainted by racial stereotyping. But the actual technical and legal question before the Supreme Court is whether the Fifth Circuit erred in upholding a lower court’s refusal to grant Duane Buck the right to appeal a district court’s finding that his case is not sufficiently “extraordinary” for a federal court to intervene.

A 6-2 majority of the Court ruled that the Fifth Circuit was wrong to deny Buck the certificate required to make this appeal. The majority opinion by Chief Justice John Roberts ruled that Buck’s counsel was ineffective, noting that that the jury in his sentencing phase had been told by the expert called by Buck’s own lawyer that “that the color of Buck’s skin made him more deserving of execution.”

Buck’s attorneys praised the ruling. “Today, the Supreme Court made clear that there is no place for racial bias in the American criminal justice system,” said Christina Swarns, litigation director of the NAACP Legal Defense and Educational Fund. “By acknowledging that Mr. Buck’s trial counsel’s injection of racially biased evidence into the capital sentencing proceedings was unconstitutional, the Court has reaffirmed the longstanding principle that criminal punishments—particularly the death penalty—cannot be based on immutable characteristics such as race.”

Justice Clarence Thomas dissented, joined by Justice Samuel Alito. Thomas wrote that the majority opinion “bulldozes procedural obstacles and misapplies settled law” to achieve a desired outcome. Thomas argued that the testimony presented in Buck’s sentencing that being black made him more violence prone was not prejudicial. 

GOP Pushes to Repeal Regulations on Prepaid-Card Companies

Republican legislators have moved to repeal a rule constraining prepaid–debit card companies before the rule can take effect, marking the latest effort in their recent campaign of widespread deregulation.

Seven GOP senators—led by David Perdue of Georgia—and four representatives—led by Tom Graves, also of Georgia—filed identical resolutions in the Senate and House of Representatives last week, invoking an obscure law called the Congressional Review Act to smother a proposed Consumer Financial Protection Bureau (CFPB) rule before it can be enacted.

The CFPB rule, scheduled to take effect in October, would provide safeguards for those who use prepaid cards, which are similar to debit cards but are preloaded with a designated amount of money by the cardholder. The rule would require providers to disclose hidden fees and protect against loss, theft, and unauthorized charges. The rule would also force prepaid-card companies to limit overdraft fees.

NetSpend, a division of the Georgia-based Total System Services (TSYS), is the only major provider of prepaid cards that has overdraft fees and, as such, is the biggest apparent beneficiary of the GOP move. The prepaid-card provider, which has lambasted the rule as “onerous,” announced in an October earnings call that it expected to lose $80 million to $85 million each year in overdraft fees, comprising 10 percent to 12 percent of its current revenue, as a result of the CFPB rule.

“It is outrageous that Congress may block basic fraud protections on prepaid cards so that NetSpend can keep gouging struggling families with overdraft fees that have no place on prepaid cards,” Lauren Saunders, associate director of the National Consumer Law Center (NCLC), said in a statement.

In 2016, parent company TSYS donated thousands of dollars to the Senate and House campaigns of the Georgia Republicans and also contributed to the campaign of Senator Ron Johnson of Wisconsin, another co-sponsor of the repeal resolution.

The resolution would give NetSpend a reprieve from federal scrutiny of its business practices. The company is currently in the middle of a legal battle with the Federal Trade Commission over deceptive marketing allegations.

Under the Congressional Review Act, which allows federal lawmakers to eliminate recently finalized rules with a simple majority vote in both chambers, the resolution would still require presidential approval. President Trump, who promised to “do a number” on Dodd-Frank, the Wall Street reform law, has shown a penchant for deregulation and would seem a safe bet to sign off on such a resolution.

The Republican push to gut the CFPB rule comes as more and more Americans are giving up on traditional banks and relying more on alternative payment methods like prepaid cards. In 2015, 7 percent of U.S. households, or about 15.6 million adults and 7.6 million children, didn’t have a bank account at all, according to the Federal Deposit Insurance Corporation. Prepaid cards are most popular among low-income people who can’t qualify for a credit card. Even consumers with good credit histories sometimes turn to prepaid cards to avoid high overdraft fees, thereby sacrificing the legal safeguards that come with conventional banking. If the GOP repeal plan is successful, they’ll get the worst of both worlds. 

A Price Confirmation Would Continue Obstruction of Gun Violence Research

The prospects for reinvigorating gun violence research could become even more remote. Federal funding for studies into gun violence and gun-related deaths has effectively been frozen for the last two decades, a worrying trend that looks to continue under a Trump administration and a Republican-controlled Congress, especially if the Senate confirms Representative Tom Price, President Trump’s nominee to head the U.S. Department of Health and Human Services.

Critics have taken on Price, an outspoken gun-rights advocate and conservative spending hawk, on a wide array of issues throughout his confirmation hearings, but his ardent support of gun rights has flown under the radar.

“Guns are used more often to protect lives, not take lives,” the Georgia Republican told Georgia’s Marietta Daily Journal last year. “Steps to remove firearms from the hands of law-abiding citizens endanger those very citizens.”

The 1996 Dickey Amendment blocked Centers for Disease Control and Prevention (CDC) funds from being “used to advocate or promote gun control.” Since Congress passed the Consolidated Appropriations Act of 2012, a similar rule has also applied to the National Institutes of Health (NIH). Price, who received an “A” rating from the NRA’s Political Victory Fund and a 90 percent approval rating from Gun Owners of America, has previously pushed to cut funding from both the CDC and NIH.

Jay Corzine, a University of Central Florida sociology professor who studies violent crime, insists that gun violence research is essential to mitigating gun-related deaths and that federal gun policies should be based on the best research available, not party politics. “It’s a mistake for lawmakers to restrict other federal agencies’ abilities to invest money in types of research that they see as meeting a national need,” says Corzine.

As head of the HHS, Price could shift how the agencies spend funds and curtail research or steer studies in other directions. That doesn’t augur well for new inquiries in this cash-strapped field. 

A recent Journal of the American Medical Association study found that gun violence research funding lagged behind investigations into other causes of death by billions of dollars.

(Source: Journal of the American Medical Association)
 

David Stark, a co-author of the study, aimed to find out how congressional restrictions affected research into gun-related deaths. Stark noted that had federal research funding been linked to the actual gun violence death toll, gun researchers would have received about $1.4 billion between 2004 and 2014, but they only received $22.1 million. Gun violence killed nearly ten times more people than fires, but research efforts received nearly $1 billion less in funding.

“No one would say that the intent of traffic safety research was to eliminate automobiles from the road,” Stark told The Trace. “No one is necessarily saying that the intent of gun violence research is to eliminate guns.”

Following the 2012 Sandy Hook Elementary School shooting, President Barack Obama issued an executive order to end the freeze on gun violence research. However, with Congress continuing to block dedicated funding, the executive order has largely failed in resuscitating any new research. The congressional funding restrictions have also spilled over into academia. “Graduates gravitate to a field where there’s funding,” says Corzine. “If there is less funding, [they] will go elsewhere.”

Having secured the backing of the NRA early on in the presidential campaign season, Trump is unlikely to request funding for new research. Despite calls from Democrats, academics, doctors, the American Medical Association, and even former congressman Jay Dickey of Arkansas (the Dickey Amendment’s author) to eliminate these restrictions, Corzine does not hold out hope that the situation will change anytime soon.

“There might be movement to loosen up [gun] control [restrictions],” Corzine says. “But in terms of movement towards research, I just don’t see that happening.” 

An Alternative to Puzder

Fast-food CEO Andy Puzder, Donald Trump’s pick for labor secretary, is a big fan of robots—and not so much of humans. In an interview with Business Insider last March, Puzder had this to say about our robotic little friends: “They’re always polite, they always upsell, they never take a vacation, they never show up late, there’s never a slip-and-fall, or an age, sex, or race discrimination case.”

Correspondingly, Puzder’s record makes clear that the wants and needs of human workers repel and disgust him. He’s opposed increases to the minimum wage, and the extension of overtime eligibility to workers making more than $23,000 a year. His fast-food outlets have been penalized for violating minimum-wage laws. And as his Business Insider disquisition makes clear, things like employee vacations and slipping on the job—things that come out of Puzer’s profits, that is—drive him batty.

When the Senate convenes in January to consider Trump’s cabinet nominations, it might be prudent for the solons to apply Puzder’s tests for human frailty to the nominees—at minimum, to Puzder himself. Is he always polite? Has he been known to take vacations? Or slip? Or fall? If so, wouldn’t a robot do a better job? Any robot programmed to become labor secretary, after all, would likely understand better than Puzder that its mission is to advance rather than retard the interests of American workers.

The senators should heed Puzder’s advice: Reject his nomination and petition Trump to send them a robot, which, by any criterion, including that of human empathy, would be more qualified than the current nominee. 

VHA Support for Nurse Practitioners Draws Fire from Medical Leaders

The Veterans Health Administration has weighed in on a controversy that has embroiled medicine and nursing for the last 50 years: whether advanced practice registered nurses (APRNs) can operate without direct physician supervision. On December 14, the VHA amended its medical regulations to “permit full practice authority” to many of the system’s nurse practitioners, a move that immediately drew the ire of the medical community.

Since APRNs appeared on the health-care stage in 1965 with the enactment of Medicare and Medicaid, physicians have responded with deep ambivalence. Some have embraced them as full members of the health-care team, while others—particularly leaders of organizations like the American Medical Association—have argued that nurses should not function on their own and should always—no matter how much experience they have—work under the direction of doctors. APRNs have consistently argued that they should be allowed to make diagnoses and prescribe treatments without physician supervision.

The Institute of Medicine has recommended APRNs be granted what is known as “full practice authority,” and countless studies have documented that APRNs provide safe and effective care at lower costs than physicians. The fight has been waged in various states, 22 of which have granted full scope of practice to APRNs. But as a federal employer, the VHA’s own internal regulations can supersede state law on nursing practice when there is conflict between state law and federal law. The VHA’s new ruling, which will establish additional “professional qualifications an individual must possess to be appointed as an APRN within the VA,” might actually lead to requirements stricter than those of some states.

This is by no means an arcane, internecine fight. Advanced-practice nursing appeared in the 1960s because of the need to expand health-care access in a country that did not, and still does not, produce enough generalist physicians but overproduces medical specialists. Over the years, nurse practitioners and other APRNs have become increasingly critical in both pediatric and adult primary care, as well as in specialist clinics and acute-care settings where they work on medical teams.

Of the 93,500 registered nurses, licensed practical nurses, and nursing assistants employed by the VHA, more than 5,700 are advanced practical nurses (APRNs), hired to work on primary-care teams or in settings with provider shortages. In its deliberations on the future of the VHA, for example, the VA Commission on Care recommended that APRNs be allowed to practice to the full extent of their education, training, and certification, which means without direct physician supervision.

When the VHA’s regulation came out, medical leaders expressed their usual reservations about APRN practice. During the 60-day comment period for the proposed ruling, just the hint of liberating APRN practice unleashed an unprecedented torrent of comments from the American public (including many veterans and their families) and professional organizations. AMA President Andrew Gurman immediately denounced it, saying, “We are disappointed by the VA’s decision today to allow most advanced practice nurses within the VA to practice independently of a physician’s clinical oversight, regardless of individual state law.”

Medical leaders must stop defending an outdated model in which physicians, some of whom may have no training in either leadership or teamwork, dominate the health-care team. It is time to follow the lead of the VHA and establish a model of care that helps not just veterans, but all Americans.

Trickle Upper: Portland Cracks Down on Excessive CEO Pay

In 2017, Portland, Oregon, will become the first city to impose a surtax on companies with CEOs who make more than 100 times their workers’ median pay—an idea that was floated by Prospect executive editor Harold Meyerson two years ago.

“If congressional liberals want to diminish economic inequality, they should also promote legislation that would link corporate tax rates to the ratio between CEO pay and the firm’s median pay,” Meyerson wrote in 2014. “They [CEOs and their boards] would … have a self-interest in raising their workers’ wages.”

The Portland rule, which Councilmember and City Commissioner Steve Novick told Meyerson was inspired by Meyerson’s writing, requires companies to pay an additional 10 percent in taxes if their CEO pay is 100 times their median worker’s pay, and an additional 25 percent if the ratio is more than 250 to 1. Novick told Meyerson that there were 540 such corporations doing business in Portland—five of which are based there.

A similar bill was proposed in California in 2014, but died on the state Senate floor. The 2010 Dodd-Frank financial-reform law required the Securities and Exchange Commission to publish U.S. corporations’ CEO-to-worker pay ratios.

“When I first read about the idea of applying a higher tax rate to companies with extreme ratios of CEO pay to typical worker pay, I thought it was a fascinating idea,” Novick told The New York Times after the measure passed on December 7. In The Guardian, economist Branko Milanovic was also quoted praising the idea, saying “it seems [to be] the first tax that targets inequality as such. … It treats inequality as having a negative externality like taxing carbon emissions.” 

Democrats Misunderstood Racial and Class Divisions but Cannot Reject Inclusiveness Now

As we wrestle with the consequences of a Trump presidency, Democrats, especially progressives, risk whitewashing the American electorate. In a blind rush to appeal to the voters the Democrats lost, we risk not comprehending and embracing the experiences of the millions of people we won. It was not Hillary Clinton’s message of inclusiveness that cost us the White House, but a major miscalculation of the depth of America’s racial and class divide.

This white identity crisis, tied to a newly ascendant white supremacy, is a psychic struggle that is as old as this country. Our insistence on downplaying this struggle fuels our misunderstanding of the politics of race and racism. For the past 240 years, we have assumed that white men are at the center of the American experience—and as a result, we treat everyone else as a deviation from this “norm.”

Yet ignoring our differences won’t grow the Democratic Party contrary to what Columbia University political scientist Mark Lilla suggested in his recent New York Times piece, “The End of Identity Liberalism.” Instead it is imperative that we, as Democrats, examine whites’ fears of no longer being the default “majority” and their assumptions of what it means to be a minority.

Does minority status for whites mean their voices no longer matter? My nine-year-old daughter has never been asked to reflect on her identity as a white person, nor on her identity as a girl in our society—as Lilla claims is common even among preschoolers. Yet, many people of color, LGBTQ people, and people with disabilities live their lives as “the other” and get treated poorly at times as a result. The reverse won’t necessarily be true when we become a “majority-minority” country, but based on the current treatment of Americans who are not straight white males, that is the fear.

Seizing the mantle of white male identity politics, Trump won by stoking those fears and by blaming immigrants, Muslims, African Americans, and women for the struggles and alienation of white men. Given this message, it is not surprising that Hillary Clinton was the one whose rallies resembled America today, attracting men and women of different races and ethnicities, people who indeed believe their commonalities are more important than their differences.

Republicans, not Democrats, have convinced white Americans that they are now a disadvantaged group. Since the passage of the Civil Rights Act, Republican Party leaders have been on a mission to convince white people that the government overwhelmingly benefits people of color. They have relied on subtle feints, and then, more overt appeals to racism to unravel the New Deal coalition and its programs—even though most of the beneficiaries are white.

As my Demos colleagues, President Heather McGhee and Senior Fellow Ian Haney Lopez, pointed out in "How Populists Like Bernie Sanders Should Talk About Racism":

Conservatives have been working hard to convince white people for decades that addressing racism is itself anti-white discrimination. For 50 years, conservatives have hammered the message that liberalism is excessively sympathetic to people of color, claiming that major institutions—from the Democratic Party to the federal government, from universities to unions—care more about people of color than about white people. In this context, when [Senator Bernie] Sanders repeats the refrain that Black Lives Matter, many white people hear him as kowtowing to a powerful special interest, or even engaging in a form of racial betrayal.

We cannot fully understand the progress that still needs to be made without fully appreciating how deeply embedded racism, sexism, and homophobia is in our country’s political systems. To pivot to a conversation about our nation’s economy—which both Democratic and Republican leaders aim to do—we must recognize that our identities are often the very reason why class divisions grow by the day.

In these volatile times, we should not try to sell the idea that whiteness is equal to or the same as being an American—and Democrats cannot afford to buy that vision as they find a new path forward. 

Fact-Checking Fact-Checkers on Privatizing Vets’ Health Care

In the debate over the future of the Veterans Health Administration (VHA), no concept has attracted more controversy than “privatization.” Since wholesale privatization of the VHA is deeply unpopular among veterans and their advocacy organizations, groups like the Koch brothers-funded Concerned Veterans for America (CVA) argue that they do not support “privatization” of the VHA. As the CVA’s “Fixing Veterans Health Care” report, published earlier this year explains, the group just wants to give veterans “the same degree of choice that is available to other Americans,” with the federal government paying the tab.

Last week, The Washington Post entered the fray. Writing for the paper’s “Fact Checker” column, reporter Michelle Ye Hee Lee gave Senator Jon Tester of Montana and Representative Mark Takano of California, both Democrats, three out of a possible four Pinocchios (signifying “significant factual error and/or obvious contradictions”) for suggesting that the CVA and Trump transition team members support VHA privatization. According to Lee, the CVA’s position does not constitute privatization because, the “CVA has not proposed a wholesale transfer of VHA’s services over to the private sector—which is what ‘privatization’ usually describes.”   

Lee’s interpretation flies in the face of volumes of academic and policy research on the privatization movement that went mainstream in the 1980s, notably in the United States and Britain. As the Prospect’s Paul Starr wrote in a 1988 essay, privatization is “any shift of activities or functions from the state to the private sector; any shift of production of goods and services from public to private; including the wholesale of transfer of services from the public to the private sector or what Starr calls “privatization by attrition,” as furnishing costlier private-sector services lead to an underfunding of public ones.

Ironically, as Starr and other critics point out, the privatization movement decreases accountability and oversight of services currently delivered by the private sector by directing attention to poor government performance while deflecting attention from similar flaws in the private sector.

Privatization can erode public support for the belief that government plays a positive role in handling social needs. So CVA officials are keen to promote a counter-narrative: The VHA is broken. The group relies on stories from veterans who have had negative experiences at the VHA to support its claims. (One female veteran recently told me she’d sent in a story about her positive VHA experiences and never received any acknowledgment.) CVA allies like Florida’s Republican Representative Jeff Miller, the House Veterans Affairs Committee chairman and one of President-elect Donald Trump’s candidates for Veteran Affairs secretary, have also attacked agency employees and targeted the unions that represent them.  

The CVA claims it wants to preserve the VHA, but its proposal would shift government funds to private-sector providers, depriving VHA doctors and other staff of the ability to maintain a high level of clinical and research expertise by treating the specific service-related problems of a large numbers of patients. Such a move would also drain resources for supporting current workers and recruiting new ones.

Moreover, the CVA promotes private-sector care even though such care would be more expensive. Like many proponents of privatization, the group supports shifting costs to veterans through out-of-pocket payments and mechanisms like interest-bearing health savings accounts. The CVA proposal would also limit eligibility for care in the private sector or in what remains of the VHA, to veterans with service-related conditions—a change that would hit low-income and indigent veterans the hardest.

CVA officials continue to claim that these moves do not constitute privatization. Some staff members like Darin Selnick, who was a member of the VA Commission on Care (and is now a member of Trump’s VA transition team), have supported eliminating the VHA as a care provider. Selnick was a coauthor of the Strawman Document that outlined a vision of a privatized VHA. In his dissent from the Commission’s final report, Selnick also proposed emulating military insurance programs like TRICARE, which would ultimately turn the VHA into just another insurer. So who really deserves the Pinocchios: two Democratic members of Congress, the CVA, or The Washington Post?

Twitter Campaign Targets Companies Advertising on Breitbart

Progressives upset about the West Wing’s increasingly racist and xenophobic tilt may have found an unexpected ally: corporate America.

In recent days, the Kellogg Comany became the latest of several corporations to pull its ads from Breitbart News Network, a far-right news site that has served as a platform for white nationalists. The site’s former CEO is senior Donald Trump adviser Steve Bannon.

Kellogg routinely “takes steps to ensure our ads do not appear on sides that aren’t aligned with our values as a company,” a Kellogg spokeswoman told Bloomberg.

Score one more for “Sleeping Giants,” an improbable grassroots Twitter campaign whose organizers hide their identities behind the anonymous account @slpng_giants.

The point is to get companies to blacklist their online ads from Breitbart. So far, in addition to Kellogg, the companies pulling ads include Warby Parker, Nest, Allstate, and ModCloth. Contacted via Twitter, a @splng_giants organizer who declined to be named said the campaign’s goal is to ensure companies know what they are funding when they advertise at Breitbart.

“We believe in free speech, that should be made absolutely clear,” the organizer wrote via Twitter, “But we also believe in transparency. And companies need to be aware of who they are seen with and where they are seen.”

The “Sleeping Giants” effort is one of several grassroots campaigns that have set out to pressure or shame corporations via such social media platforms as Facebook and Twitter, often successfully. As early as 2011, a @DumpDTrump Twitter campaign to punish Trump for his racist remarks against President Obama led Pepsi and other companies to pull advertising from The Apprentice.

“Ultimately, you have to ask, what is it that a company cares about,” says Asher Huey, a Washington, D.C.-based digital strategist who helped lead the @DumpDTrump effort. “Ultimately, it's reputation and the bottom line. If those two things are in jeopardy, then it's in their best interest to react.”

Alesa Mackool a digital consultant who has worked on campaigns targeting major banks and corporations, agrees: “We've seen huge companies like Google, GE, and Expedia leave ALEC, the right-wing model legislation mill, after being challenged.”

The view is similar from the corporate side. “Most companies want to do the right thing by the public and by their customers,” says Brandon Friedman, CEO of the McPherson Square Group, a “digital-first” public relations firm with Fortune 500 clients. “Most C-suite folks are extraordinarily sensitive to what’s being said about them, despite what you might see or hear publicly.”

The Trump administration could be uniquely vulnerable to such pressure campaigns. With business interests in at least 20 countries, including hotels and resorts used for meetings and conferences, the Trump Organization also generates significant revenue through licensing the Trump name to other corporations, which could themselves be subject to public pressure.

Trump family members serving as the president-elect’s close advisers are similarly vulnerable. Ivanka Trump’s lines of jewelry and apparel have already been targeted by a #GrabYourWallet consumer boycott campaign (@slpng_giants cites #GrabYourWallet as a model.) Ivanka Trump’s husband, Jared Kushner, owns a media company dependent on advertising, as well as real-estate interests whose tenants, including REI and New York University, could come under public pressure.

Activist and NBA Hall-of-Famer Kareem Abdul-Jabbar is already calling for public pressure boycotts of Trump and his funders.

But such boycotts may or may not be effective against Trump, says Beth Becker, of Becker Digital Strategies, who has advised several organizations on successful public pressure campaigns. “A company has to care about what the public thinks of them,” Becker notes. But with Trump, public criticism just seems to make him want to double down.

Nevertheless, MoveOn.org’s Washington Director Ben Wickler says Trump-focused pressure campaigns have strategic merit. If consumer boycotts distract Trump from his disastrous policies, for example, progressives will cheer. When Macy’s dropped Trump’s clothing line in 2015 under pressure from MoveOn and other groups, Wickler notes, Trump squandered time attacking Macy’s instead of discussing campaign issues.

“If he wants to enact his horrible agenda, he has to focus and line up votes in Congress,” Wickler says. “Trump’s obsession with his net worth and brand creates a target-rich environment to get him to pull his eyes off the ball.”

Education Reform Democrats on Donald Trump

November 17: Shavar Jeffries, president of Democrats for Education Reform, issued the following statement: (bolded emphasis mine)

It is, generally speaking, an honor for any person of any political persuasion to be asked by the president of the United States to consider a Cabinet-level appointment, but in the case of President-elect Trump, DFER encourages no Democrat to accept an appointment to serve as Secretary of Education in this new administration. In so doing, that individual would become an agent for an agenda that both contradicts progressive values and threatens grave harm to our nation’s most vulnerable kids.

Foundational education reform principles—from raising standards and strengthening accountability, to expanding public-school choice, to furthering innovations in teacher preparation and support, and advancing resource equity—all find their roots in a progressive commitment to ensuring that all children, particularly our most vulnerable, have access to schools that enable them to fulfill their potential.

This progressive commitment to equitable education policy also goes hand-in-hand with intersectional issues that affect our kids. While effective school policies are vitally important, so too are the environmental conditions affecting children and families. A child who is homeless; a child without access to food or health care; a child whose parent cannot find steady work; a child whose dad is locked up for years on low-level drug offenses—each of these situations dramatically compromise the life chances of our children.

The policies and rhetoric of President-elect Trump run contrary to the most fundamental values of what it means to be a progressive committed to educating our kids and strengthening our families and communities. He proposes to eliminate accountability standards, cut Title I funding, and to gut support for vital social services that maximize our students’ ability to reach their potential. And, most pernicious, Trump gives both tacit and express endorsement to a dangerous set of racial, ethnic, religious, and gender stereotypes that assault the basic dignity of our children, causing incalculable harm not only to their sense of self, but also to their sense of belonging as accepted members of school communities and neighborhoods.

For these reasons, no Democrat should accept appointment as Secretary of Education, unless and until President-elect Trump disavows his prior statements and commits to educating the whole child and supporting the communities and families they depend on.

November 22: Shavar Jeffries expounds on DFER’s statement in a Washington Post op-ed. Excerpts highlighted below:

Based on the positions he has taken, President-elect Trump’s administration will undoubtedly etch away at the progress we’ve made towards creating a more equitable public education system under President Obama—and irreparably damage our children’s futures.

Some have concluded that Trump’s stated support for increasing funding to the federal Charter School Program, an important priority for progressive reformers, ought to suggest reconsideration. High-quality public charter schools change lives throughout the country, and we applaud proposals to increase appropriations to that program. But as much as we enthusiastically support resources to grow and expand any high-performing public school, including public charters, that by itself in no way counterbalances the grave, generational challenge Trump’s retrograde policies and rhetoric present to America’s schoolchildren, particularly our most vulnerable low-income urban and rural children.

We wish that our president-elect represented the broad mainstream of leaders from both parties who have championed a vision of progressive education reform and a commitment to basic social policies that are currently working for kids and communities across the nation. But the stated policies and rhetoric of the president-elect run contrary to our most fundamental values. Until Trump expresses a willingness to educate the whole child and invest in the communities that nurture our children, no Democrat should accept appointment as secretary of education. In doing so, that person would become an instrument of an agenda that both contradicts progressive commitments to educational equity, and also threatens grave harm to our nation’s most vulnerable kids.

November 23: Shavar Jeffries issues an FAQ to “flesh out their reasoning” on what DFER’s official statement, and his Washington Post op-ed meant. Highlights excerpted below:

Q: Why did DFER issue the statement? 

We’re not saying that Democrats should not, when possible, work with President-elect Trump on education issues, but rather that no Democrat should work for him as secretary of education.

We believe it is critical to the long-term sustainability of the work we care about to make a clear distinction between the progressive education reforms that we support, and the agenda put forward by President-elect Trump.

Q: Wouldn’t a Democratic secretary be in a position to get Trump to change those positions? 

Perhaps anything is possible, but the president-elect has made his positions and discriminatory values clear over the last 18 months. Furthermore, the appointments Trump has made to his administration so far—including white nationalist Steve Bannon as a senior advisor and Senator Jeff Sessions as attorney general, whose views on race are so problematic that the Senate previously failed to confirm him for a judgeship, do not show signs of moderation.

Much more likely is that the appointment to secretary of a Democrat who is identified with our issue would do irreparable damage to our movement’s credibility with the progressive leaders and voters we hope to engage, and could be seen as giving implicit support to an agenda that attacks the very communities we aim to serve. 

Q: Does this mean you would rather someone incompetent be in this position?

That’s a false choice. There are many competent Republicans who would be a good fit for a Trump administration. Our goal, as Democrats who support education reform, is to work within our party to build support for reform policies. For the reasons stated above, we do not believe a Democrat should accept the appointment. 

Q: Does this mean you won’t work with the Trump administration?

As noted earlier, we draw a distinction between working with and working for Trump. Where appropriate, we will work with the administration to pursue policies that expand opportunity for kids, and we will vocally oppose rhetoric or policies that undermine those opportunities.  

But our mission is to build more support among Democrats for reform—a critical agenda in light of the outsized power of the teachers’ union within the party—and to cultivate bipartisan support for reform by growing the number of Democrats who support pro-child policies. Over the next four years, we will work with the hundreds of Democrats we’ve supported and helped to elect at the federal, state, and local levels to support positive policies for kids and to oppose negative ones.

November 23: Shavar Jeffries, president of Democrats for Education Reform, issued the following statement: (bolded emphasis mine)

DFER congratulates Betsy DeVos on her appointment as secretary of education, and we applaud Mrs. DeVos’s commitment to growing the number of high-quality public charter schools.

However, DFER remains deeply concerned by much of the President-elect’s education agenda, which proposes to cut money from Title I and to eliminate the federal role on accountability. These moves would undermine progress made under the Obama administration to ensure all children have access to good schools. In addition, our children are threatened by many of the president-elect’s proposals, such as kicking 20 million families off of health care, deporting millions of Dreamers, and accelerating stop-and-frisk practices. We hope that Mrs. Devos will be a voice that opposes policies that would harm our children, both in the schoolhouse and the families and communities in which our children live.

Finally, regardless of one’s politics, Trump’s bigoted and offensive rhetoric has assaulted our racial, ethnic, and religious minorities, causing millions of American children to perceive that they are less than full members of our communities. We hope Mrs. DeVos will push the President-elect to disavow such rhetoric.

Note: It’s not clear how DFER defines a “commitment to growing the number of high-quality public charter schools.” The DeVos family spent thousands of dollars this past summer to nix the Detroit Education Commission, a legislative reform that would have provided increased oversight and accountability to the city’s drastically failing charter sector.

Pages