New PAC Descends on Pittsburgh Public Schools to Charterize and Take Over School Board

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Prepare yourself, Pittsburgh.

A new Political Action Committee (PAC) has descended on the ‘Burgh to further privatize our public schools and wrest control away from parents who are in favor of school reforms that actually work.

It’s called Campaign for Quality Schools, but make no mistake. The wealthy special interests behind it don’t care about quality schools – they care about quality profits for their investors.

PACs are political committees organized for the purpose of raising and spending money to elect and defeat candidates. Unlike federal PACS which can only give up to $5,000 to a candidate per election, state PACs in Pennsylvania have no spending limits. In that way, they are like federal Super PACs which also have no limits on donation size.

Besides giving an unfair advantage to special interest groups, PACS also have notoriously been used for nefarious ends. For instance, former Republican U.S. Rep. John Doolittle’s leadership PAC paid 15% to a firm that only employed his wife. One Leadership PAC purchased $2,139 in gifts from the Bose Corporation. Former Republican U.S. Rep. Richard Pombo used his leadership PAC to pay almost $23,000 in hotel bills and buy $320 in baseball tickets for donors.

And now we’ve got one in Pittsburgh with its sights on city schools.

The moneyed interests behind it want to swipe control of even more Pittsburgh schools away from the community and give them to for-profit companies in the shape of charter schools. Since charter school boards are appointed, not democratically elected, this means the decisions about how these newly charterized schools operate would be made behind closed doors out of public view. The community would have no way to hold them accountable. Likewise, this means operators could spend taxpayer money however they want with little to no oversight. They would have nearly unlimited power to reduce student services and pocket the savings as profit.

THAT’S what they mean by “Quality” schools.

The PAC is run by the usual suspects of Pittsburgh corporate school reformers.

In 2015, four of the nine Pittsburgh School Director seats were up for grabs and voters sided in all cases against candidates running on a standardization and privatization platform. One of these losers is Kirk Burkley. He lost against Lynda Wrenn for school board and now is listed as chairman of the political action committee.

Though Burkley well outspent Wrenn, voters made it clear they didn’t want the lawyer specializing in bankruptcy, restructuring and creditors rights anywhere near our public schools. He only got 19% of the vote. Apparently Pittsburghers want candidates who support well-resourced community schools, positive discipline policies with supports, etc. But a host of wealthy investors behind this PAC must feel otherwise. They know better than you and me.

The PAC’s treasurer is Cate Reed, our own Teach for America (TFA) recruiter. Perhaps she took it personally when the newly elected school board overturned a decision by its predecessors to contract with TFA for three-years and pay $750,000. This is one of the few times – if not the only time –this has happened across the nation. Reed is also a Broad Center residency recipient. Established by billionaire Eli Broad, the Broad Center runs an unaccredited training program for school leaders, where candidates learn Broad’s philosophy of school management. Broad has no education experience. He is a self-proclaimed expert, a businessman who made his billions in home-building, mortgage lending, and insurance (AIG).

On the Broad alumni page, Reed speaks about making sure every child has an opportunity to succeed, especially students of color in low income communities.

“The Broad Residency affords me the opportunity to be a part of the change I wish to see—and to use my skills to pursue my wildest dream of educational equity,” she says.

The problem she identifies is real. However, her solution is ludicrous. You don’t provide better opportunities for poor black children by making the leaders of their schools unaccountable to the public. You don’t help poor black kids by removing qualified teachers from their classrooms and replacing them with lightly trained Teach for America recruits. You don’t help poor black kids by giving them an endless series of culturally and economically biased standardized tests and ignoring the fact that they receive substantially less resources than their richer, whiter peers.

Leigh Halvorson, one of the managers of the Heinz Endowment, gave the PAC a boost soliciting donations. She sent an email in early March asking for money. I’ll post the entire email below, but here is Halverson’s description of the PAC:

“I am proud to be part of a group that is launching Campaign for Quality Schools-Pittsburgh, a bi-partisan Political Action Committee that is committed to supporting candidates of any political party who (1) believe that all children, regardless of their background can succeed; (2) embrace policies that hasten the growth of high-performing schools that serve all children; and (3) have the courage to challenge the status quo and tackle this problem with fierce urgency and determination.”

In other words, she’s looking for folks willing to (1) pay lip service to helping kids while actively working to hurt them, (2) will work to privatize more Pittsburgh schools and (3) are willing to run for office counter to the emphatic will of Pittsburgh voters who soundly rejected the corporate school reform agenda in the last election.

Halvorson continued:

“Our kick-off event on March 2nd at 5:30 pm, at the home of Cate Reed and Doug Anderson, will feature State Representative Jake Wheatley, from District 19 here in Pittsburgh who embodies these principles.”

Wheatley, a Democrat, has been a longtime supporter of charter schools and an enemy of public school teachers. He is one of only two Democrats to vote a bill out of the House Education Committee that was meant to eliminate due process for teachers. The bill has been languishing in the legislature, but if approved, it would allow teachers to be fired for almost any reason. It would eliminate the provision that teachers cannot be furloughed for “economic reasons.” (NOTE: it could come up for a vote any day now.)

Wheatley also teamed up with Republican House Speaker Mike Turzai to hold a roundtable discussion praising charter schools and the need to increase them in the city. He joined Turzai again in January for a school choice rally in Harrisburg.

Halvorson closed her email like this:

“If you are unable to attend, but would like to donate, please see the attached invite for instructions how you can do that.”

The invite asked for donations of between $50 and $250 per person.

Reed and Halvorson are both on the board of A+ Schools – Pittsburgh Community Alliance for Public Education. The organization serves an advisory position to help improve city schools. Though the organization includes people on both sides of the standardization and privatization movement, it has been co-opted in recent years by a $1 million grant from the Gates Foundation given between 2011 and 2013. Since the grant, the organization went from issuing an annual “Report to the Community” on the state of city schools to pushing for corporate education reform measures such as doing away with teacher seniority. Many disillusioned volunteers now consider it to be a paid proxy for Gates to make it appear his pet projects are supported by communities.

Like most urban districts, Pittsburgh Public Schools is struggling because of lack of resources. If you live in a poor neighborhood, your school gets less money from local taxes to help kids learn. Moreover, the district has lost almost $1 billion annually in state funding for the last five years. Living in poverty increases the need for wraparound social services, tutoring, nutrition and counseling that isn’t present for more affluent kids. But there’s no money to help them, and it’s hard for students to concentrate on school when they’re experiencing food insecurity and post traumatic stress. Likewise, state and federal education policies are giving an increasing portion of our shrinking funding to charter schools while forcing the traditional public schools to give new and more difficult standardized tests and enact unproven and developmentally inappropriate academic standards. If these corporate education reformers actually wanted to improve Pittsburgh schools, they’d focus on the real problems – not make wild attempts to grab more money for charter schools, deprofessionalize our kids’ teachers and grab power for themselves.

It’s unclear how many people showed up to the PACs kickoff fundraising event and how much money the PAC took in. But one thing is certain – consider yourself on notice, Pittsburgh.

After being defeated for school board and after the board rejected Teach for America, the corporate education reformers are preparing to strike back.

They are gathering people and resources to take the five school board seats up for re-election in 2017.

Will we let them steamroll over us with their big money and political connections or will we continue to fight for reforms that actually help our children?

It’s up to you, n’at.


Halverson’s email:

Dear friends,

The single most important civil rights issue facing our country is the disparity in our education system. We have far too many children who are trapped in persistently failing schools, Here in Pittsburgh alone, 23 of the 52 PPS schools are performing in the bottom 15% in the state. It is unacceptable. We know we can do better because we’ve seen it — transformative school exists that are proving that poverty is not destiny- and we need more of them, right here in Pittsburgh. I am proud to be part of a group that is launching Campaign for Quality Schools-Pittsburgh, a bi-partisan Political Action Committee that is committed to supporting candidates of any political party who (1) believe that all children, regardless of their background can succeed; (2) embrace policies that hasten the growth of high-performing schools that serve all children; and (3) have the courage to challenge the status quo and tackle this problem with fierce urgency and determination. Our kick-off event on March 2nd at 5:30pm, at the home of Cate Reed and Doug Anderson, will feature State Representative Jake Wheatley, from District 19 here in Pittsburgh who embodies these principles. I know for some of you, political contributions or political action is unfamiliar, so if you have questions or just want to talk further about why we believe groups like this can make a real impact on the future of our city and on behalf of our little people, don’t hesitate to reach out. My cell phone is 503.320.2384. I hope you can join us in supporting policymakers that put students and families first. Please see the attached invitation for more details and drop Cate or I a quick email if you can attend. If you are unable to attend, but would like to donate, please see the attached invite for instructions how you can do that. If you know people that should be invited to this event, please share their emails with us ASAP. Any questions can be directed to campaignqualityschoolspgh@gmail.com. I hope to see you on March 2nd.

High Stakes Testing Holds The Most Powerful the Least Accountable

 High Stakes Testing Does Not Hold Schools Accountable. It Ensures That Those Most Responsible Escape Accountability

 

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People should be accountable for their actions.

 

If you make a mess, you should have to clean it up. If you decide how things run, you should be responsible if it fails.

 

So why do we allow those most responsible for our public school system to escape from accountability? Why do we instead blame everything on teachers and students?

 

Public school policy at the federal, state and local level has been dominated by high stakes testing for the last 15 years. It has not improved educational outcomes for students. In fact, just the opposite. But we are doing NOTHING to change it.

 

It’s called test and punish. We give students standardized tests and if enough of them fail over time, we close their schools and/or fire their teachers. We force them to move to a new school or a charter school where they continue to struggle without a single additional resource to help them succeed.

 

No Child Left Behind (NCLB) installed most of these policies in 2001. This year we revised the federal law that governs K-12 schools into the Every Student Succeeds Act (ESSA). It does little more than continue these same policies while rearranging the deck chairs on our sinking system.

 

Kids aren’t failing because they’re lazy or dumb. Their teachers aren’t shirking their duties. Instead we have a nationwide epidemic of child poverty. And the effects of that lifestyle make it extremely hard to achieve academically. Kids aren’t focused on book learning when they’re physically and emotionally exhausted, experiencing post-traumatic stress and undernourished.

 

Why has nothing been done to help them?

 

The answer is accountability.

 

Not real accountability. Not holding people accountable for things under their control. Not going up to the people and institutions that actually cause the errors and malfeasance. Instead we push all the blame onto teachers and students and call that “Accountability.”

 

Make no mistake. When politicians and policymakers talk about “accountability” this is what they mean – scapegoating educators and children for things well beyond their control.

 

An education system is made up of a complex interplay of several interconnected factors that include parents, the community, the economy, culture, media, and local, state and federal governments. Students and teachers are only two such factors.

 

High stakes testing ensures that ONLY teachers and students are held accountable. They are responsible for the entire education system but have control of very little of it.

 

For instance, do students and teachers decide how much funding their schools get? No.

 

Do students and teachers decide which education policies are enacted? No.

 

So why are they being held responsible for these things?

 

When schools without adequate funding can’t provide the necessary resources for students to succeed, we pretend like it’s the teachers and students fault. When academic policies handed down by non-educators fail to help kids learn, we pretend like it’s the students and teachers fault.

It’s not.

 

 

As New York University Education Professor Pedro Noguera said:

 

“We’ve designed an accountability system that holds those with the most power the least accountable. The governors are not accountable, the state legislature is not accountable… You can’t hold kids and teachers accountable and not hold the people in control in the first place.”

 

 

It’s not a difficult concept – we test the kids and punish the teachers if they fail. And since the focus is firmly on only those two factors, all others become invisible. No one’s holding lawmakers accountable for providing equitable funding. No one’s holding policymakers and think tanks accountable for forcing inadequate and untested Common Core academic standards down our throats. No one’s holding billionaire philanthropists accountable for using our schools as their private playgrounds for whatever social engineering scheme they thought up in the Jacuzzi. No one’s holding privately run charter schools accountable for – just about anything – instead of letting them operate behind a curtain of deniability and unending profit.

 

 

This would be impossible without standardized testing. It frames the question. It defines the debate. It assumes that only teachers and students are relevant. Therefore, it ensures that none of the obscured factors will have to do anything to help the system improve. And so it ensures that our education system will fail many of our students – especially those most in need.

 

This is the irony of modern education policy. The apparatus that allegedly ensures accountability makes that very thing impossible.

 

That’s how the system is designed. And policymakers are terrified you’ll notice. So they have developed a scapegoat for their own failures – the public school teacher.

 

Students may score badly – and they’ll have to pay for that when their school is closed or charterized as a result – but it is the teachers who are the true enemy. After all, if teachers did a better job, pundits claim, students wouldn’t fail.

 

The idea goes like this:

 

Children won’t learn unless we force teachers to educate them.

 

Teachers don’t get into that profession because they care about children. They just want an easy job with summers off where they don’t have much to do but collect huge salaries.

 

This is the great lie, the diversion, smoke and mirrors to get you to stop paying attention to lawmakers, policy wonks, environmental and other factors. Instead look only to those lazy/evil teachers and their satanic labor unions.

 

THAT’S why they say we need standardized testing!

 

If we remove the testing, they say, no one will be responsible for making sure kids learn. After all, why would teachers teach unless we threaten their jobs first?

 

As if teachers can heroically control all the factors involved in student learning. (Spoiler alert: they can’t.) As if teachers get into their profession because they don’t want to practice it. (Spoiler alert: teachers become teachers because they want to teach!) As if earning a middle class income for providing a valuable societal resource were unreasonable. (Spoiler alert: it isn’t.) As if due process meant you can’t be fired for cause. (Spoiler alert: unionized teachers are fired for cause every day.) As if teachers were paid for summers off. (Spoiler alert: they aren’t though some have their salaries earned during 9 months paid out over 12.)

 

If we really wanted to improve public education, we’d look at ALL the factors involved. We’d throw back the assumptions that have mired us in this quagmire.

 

And the first assumption that has to go is that standardized testing is a valuable assessment tool.

 

Standardized tests are terrible assessments. We’ve known that for almost a century. Invariably they narrow the curriculum. They suck up countless hours of class time that could be better spent. They measure more the circumstances kids live in than any academic ability. They’re culturally, racially and economically biased.

 

But we keep giving them with no end in sight – not because they make teachers do a better job, but because they give cover to those actually responsible for harming our children’s education.

 

There is such a thing as accountability without standardized tests. It is possible to examine all the factors involved and make changes accordingly.

 

We can, for instance, make sure all schools receive the same basic services. We can make sure all classrooms are equipped with up-to-date books, materials, desks, etc. We can make sure no schools go without heat, have crumbling infrastructure and/or suffer from infestation of vermin, mold and filth. We can make sure all children have access to healthy food. We can make sure no children are drinking water poisoned with lead.

 

We can look at parental involvement. An overwhelming amount of research shows this is vital to academic success, but in our poorest neighborhoods parents are often the least involved in their children’s schooling. Why is that? Many of them are working three or more minimum wage jobs just to feed and clothe their children. There’s little time to help with homework when you’re working the night shift. So countermeasures such as raising the minimum wage and increasing the frequency, access and training for well-paying jobs would actually improve education as well as the economy.

 

We can look at school climate. What are the rates of suspensions and expulsions? What are the root causes? How can we improve student discipline without being overly punitive? How can we increase student engagement? How do we improve student attendance and graduation rates?

 

We can update our broken system of student assessment. This may come as a surprise to our policymakers, but there are many ways to assess student learning that have nothing to do with standardized tests. For example, we can institute performance or portfolio-based assessments. Instead of evaluating students based on a snapshot of their performance on a given day or week, we can base it on a grading period or even an entire school year. Assessments can include projects, individual and group presentations, reports and papers and portfolios of work collected over time. You don’t have to be an education expert to realize these would be better measurements of academic achievement than multiple choice tests – BUT IT HELPS! And we can do this without resorting to stealth assessments like competency based education.

 

Does this mean that teachers should escape accountability? Absolutely not. But we can ensure they’re evaluated fairly. Don’t judge them based on factors beyond their control. Judge them based on what they actually do. As the old adage goes, you can bring a horse to water, but you can’t make him drink. Evaluate teachers on whether they’ve brought their little ponies to water. Did they engage in best practices? Are they engaged in professional development? How do they treat their students? Are they grading fairly? In almost every profession, workers are evaluated based on observation from their superiors. Teaching should be no different.

 

It’s shocking that no one on the national stage is talking about this. Pundits and policymakers shake their heads at standardized test scores, they point their fingers and cry crocodile tears for the children. But hardly anyone is doing a thing to make positive change.

 

Our schools have been transformed into factories. We’ve let them become resegregated based on race and wealth. We’ve let the rich schools get Cadillac funding while the poor ones struggle to survive on the leftovers. We’ve let non-educators set the standards and curriculum. We’ve let the testing industry co-opt and bribe our lawmakers and social institutions. We’ve opened the door wide for privitizers to steal as much of the shrinking funding pie as possible and funnel it into their own bank accounts without producing any quality for the students they’re supposed to be serving.

 

In short, we’ve let those responsible for setting our public schools aflame get away scot-free!

 

They’re laughing all the way to the bank. And the tool that lets them get away with it is standardized testing.

 

Throw back the curtain and show them for what they truly are.

 

Fight back. Refuse the tests for your children. Join the Badass Teachers Association, United Opt Out and the Network for Public Education. Write your legislators. Write to the newspapers. Take to the streets. Make some noise.

 

Hold them accountable.

Judging the Judge: What Antonin Scalia’s Death Means to the People I Love

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I am not sad Antonin Scalia is dead.

Wow! It feels so good to say that out loud!

Come on. Admit it. You probably feel the same way.

I know. I know. Everywhere you turn, people are going out of their way to talk about the ramifications of the 79-year-old Supreme Court Justice’s death without passing judgement on him.

“Let’s keep it classy,” they say.

Oh. Stop it.

In his 30 years on the bench, Scalia hurt an awful lot of people. And I mean real, live people – not ideological constructs, not hypotheticals – but moms, dads, husbands, wives, daughters, and sons.

The aggregate amount of misery in the world was drastically increased by his being in it. And now that he’s gone, much of that misery may be relieved.

So please curb any shock you may feel at my thesis. And spare me the false praise of a truly reprehensible human being.

He was against women controlling their own bodies, efforts to desegregate our schools, an individual’s right to love whomever they choose, refraining from executing mentally disabled or teenage prisoners. Heck! He was even against police reading suspects their Miranda Rights!

This was a person who said black people should go to “slower” colleges, homosexuality was the same as murder or bestiality, sex discrimination is constitutional, and maybe we have a right to all carry around rocket launchers in public.

If it is outrageous to feel relief at the death of this man, you may call me outrageous.

I’m not usually the kind of person who celebrates someone else’s death. Not even a famous person.

But you have to admit that the people we love are a lot better off without Scalia in the world.

It’s not like he kept all this to himself. He wasn’t some lone drunkard in the back of the bar mumbling sexist, racist views. He wasn’t your ancient uncle who you only see twice a year making people uncomfortable at the dinner table. He was a judge in the highest court in the land, and his demented and warped world view drove public policy impacting… well… everyone.

He was the deciding vote in several 5-4 decisions that – if they had gone differently – would have greatly benefited every person in this country.

You can thank him for the Presidency of George W. Bush and Citizens United. Let that sink in for a moment.

Imagine all the horrific blunders of the Bush Presidency – easily the worst administration in my lifetime. If the Supreme Court hadn’t given the highest office in the land to Dubya, arguably we wouldn’t have had the Irag War, the Great Recession, No Child Left Behind, the slow response to Hurricane Katrina – maybe even 9-11.

And if you hate what our elections have become, imagine if we didn’t have the Citizens United verdict. Campaign donations would have to be made in public with some limits on how much individuals and corporations can contribute.

How much better the world would have been without these terrible decisions!

I’m not saying Scalia wasn’t a good man in his personal life. I have no idea what he was like to the people he loved. For all I know he may have been a good friend, a loving husband, father and grandfather. He probably had people he cared about and who cared about him. And to those people I send my condolences.

However, he did great harm to just about everyone else. And for that I feel nothing but relief at his death.

Who am I to bask in such schadenfreude?

I am a father and public school teacher.

I have a seven-year-old daughter and several classes full of mostly impoverished and minority students.

And Scalia’s death is good for everyone I care about.

If he were still alive, there was so much more damage he could have done. Take the Friedrichs case, an important one for teachers like me.

The case is an attempt to strip teachers unions of the right to charge members for their services. If the court rules in favor of Friedrichs, it would overturn decades of established law against free riders. People would be allowed to be in a union, enjoy higher salary and benefits negotiated by that union, but not pay dues. It would be absurd. Yet with Scalia still on the bench, most court watchers seem to think we would have had another terrible 5-4 decision.

However, with Scalia’s death, the best anti-union forces would probably receive is a 4-4 decision – not enough to overturn established law. True the case has already been heard by the justices, but a ruling has not yet been handed down. According to the Supreme Court blog, even if Scalia had already written a ruling on this matter, it would be void. Any rulings he wrote that have not yet been made public don’t count.

So the most likely outcome now is that millions of people will continue to be protected from unfair labor practices. And you expect me not to have a big ‘ol smile on my face!?

So where do we go from here?

President Barack Obama will select who is to succeed Scalia. Numerous excellent choices have been floated. If Obama chooses any one of them, he would probably tilt the court fractionally to the left.

Before the body was even cold, Republicans vowed to block any nominee Obama makes until the next President is sworn in. Some are trying out the talking point that Supreme Court Justices have never been sworn in during an election year. But if that were true, we wouldn’t have Justice Anthony Kennedy who was confirmed during the last year of Reagan’s presidency.

Funny. The U.S. Constitution clearly states that the President has the right to nominate Supreme Court Justices with the advice of Congress. Yet so many of these right leaning partisans who considered themselves Constitutionalists last week suddenly find themselves against that revered document today.

I wonder how Scalia would have argued such a situation.

Not really. He was the one who taught the rest of his party how to twist the words of the founding fathers to mean whatever the far right favors this week.

Obama still has more than 300 days in office. If Republicans try to block his nomination until a new face tops the Executive, it would be the longest such obstruction in a century. Of sitting justices, the longest confirmation period was for Clarence Thomas who took 106 days to be approved by Congress.

And that brings us to the 2016 Presidential race.

Scalia’s death is likely to have a huge impact on whom becomes our next President.

If Republicans block Obama’s Supreme Court nominee, it would probably increase voter turnout. Whenever that happens, it favors Democrats since they have more registered members than the GOP.

Either way, Scalia’s death is probably beneficial to whomever the Democratic nominee will be. If either Hillary Clinton or Bernie Sanders get the nomination, supporters of the defeated candidate are more likely to support the reigning Democrat.

Even if voters don’t like the winner’s policies as much as their preferred candidate, they’re likely to support the nominee in order to continue tipping the Supreme Court to the left. After all, three additional justices are 70 or older. Stephen Breyer is 77, Anthony Kennedy is 79, and Ruth Bader Ginsburg is 82.

We have had a long haul these last 15 years. Much social progress has been stalled.

But now that Scalia is out of the picture, the future looks bright.

Maybe things really will turn out alright. Maybe we’ll actually have a chance to build that better world we’ve all been dreaming about.

Rest in Peace, Scalia. The nation can’t wait to move on without you.

What Antonin Scalia’s Death Means to the People I Love

antonin-scalia-26

I’m not sad Antonin Scalia is dead.

Wow! It feels so good to say that aloud!

Come on. Admit it. You feel exactly the same way.

I know. I know. Everywhere you turn, people are going out of their way to talk about the ramifications of the 79-year-old Supreme Court Justice’s death without passing judgement on him.

“Let’s keep it classy,” they say.

Oh. Stop it.

In his 30 years on the bench, Scalia hurt an awful lot of people. And I mean real, live people – not ideological constructs, not hypotheticals – but moms, dads, husbands, wives, daughters, and sons.

The aggregate amount of misery in the world was drastically increased by his being in it. And now that he’s gone, much of that misery may be relieved.

So spare me any shock at my thesis. Spare me the false praise of a truly reprehensible human being.

He was against women controlling their own bodies, efforts to desegregate our schools, an individual’s right to love whomever they choose, refraining from executing mentally disabled or teenage prisoners. Heck! He was even against police reading suspects their Miranda Rights!

This was a person who said black people should go to “slower” colleges, homosexuality was the same as murder or bestiality, sex discrimination is constitutional, and maybe we have a right to all carry around rocket launchers in public.

If it is outrageous to feel relief at the death of this man, you may call me outrageous.

I’m not usually the kind of person who celebrates someone else’s death. Not even a famous person.

But you have to admit that the people we love are a lot better off without Scalia in the world.

It’s not like he kept all this to himself. He wasn’t some lone drunkard in the back of the bar mumbling sexist, racist views. He wasn’t your ancient uncle who you only see twice a year making people uncomfortable at the dinner table. He was a judge in the highest court in the land, and his demented and warped world view drove public policy impacting… well… everyone.

He was the deciding vote in several 5-4 decisions that – if they had gone differently – would have greatly benefited every person in this country.

You can thank him for the Presidency of George W. Bush and Citizens United. Let that sink in for a moment.

Imagine all the horrific blunders of the Bush Presidency – easily the worst administration in my lifetime. If the Supreme Court hadn’t given the highest office in the land to Dubya, arguably we wouldn’t have had the Iraq War, the Great Recession, No Child Left Behind, the slow response to Hurricane Katrina – maybe even 9-11.

And if you hate what our elections have become, imagine if we didn’t have the Citizens United verdict. Campaign donations would have to be made in public with some limits on how much individuals and corporations can contribute.

How much better the world would have been without these terrible decisions!

I’m not saying Scalia wasn’t a good man in his personal life. I have no idea what he was like to the people he loved. For all I know he may have been a good friend, a loving husband, father and grandfather. He probably had people he cared about and who cared about him. And to those people I send my condolences.

However, he royally screwed just about everyone else. And for that I feel nothing but relief at his death. If only it had come sooner.

Who am I to bask in such schadenfreude?

I am a father and public school teacher.

I have a seven-year-old daughter and several classes full of mostly impoverished and minority students.

And Scalia’s death is good for everyone I care about.

If he were still alive, there was so much more damage he could have done. Take the Friedrichs case, an important one for teachers like me.

The case is an attempt to strip teachers unions of the right to charge members for their services. If the court rules in favor of Friedrichs, it would overturn decades of established law against free riders. People would be allowed to be in a union, enjoy higher salary and benefits negotiated by that union, but not pay dues. It would be absurd. Yet with Scalia still on the bench, most court watchers seem to think we would have had another terrible 5-4 decision.

However, with Scalia’s death, the best anti-union forces would probably receive is a 4-4 decision – not enough to overturn established law. True the case has already been heard by the justices, but a ruling has not yet been handed down. According to the Supreme Court blog, even if Scalia had already written a ruling on this matter, it would be void. Any rulings he wrote that have not yet been made public don’t count.

So the most likely outcome now is that millions of people will continue to be protected from unfair labor practices. And you expect me not to have a big ‘ol smile on my face!?

So where do we go from here?

President Barack Obama will select who is to succeed Scalia. Numerous excellent choices have been floated. If Obama chooses any one of them, he would probably tilt the court fractionally to the left.

Before the body was even cold, Republicans vowed to block any nominee Obama makes until the next President is sworn in. Some are trying out the talking point that Supreme Court Justices have never been sworn in during an election year. But if that were true, we wouldn’t have Justice Anthony Kennedy who was confirmed during the last year of Reagan’s presidency.

Funny. The U.S. Constitution clearly states that the President has the right to nominate Supreme Court Justices with the advice of Congress. Yet so many of these right leaning partisans who considered themselves Constitutionalists last week suddenly find themselves against that revered document today.

I wonder how Scalia would have argued such a situation.

Not really. He was the one who taught the rest of his party how to twist the words of the founding fathers to mean whatever the far right favors this week.

Obama still has more than 300 days in office. If Republicans try to block his nomination until a new face tops the Executive, it would be the longest such obstruction in a century. Of sitting justices, the longest confirmation period was for Clarence Thomas who took 106 days to be approved by Congress.

And that brings us to the 2016 Presidential race.

Scalia’s death is likely to have a huge impact on whom becomes our next President.

If Republicans block Obama’s Supreme Court nominee, it would probably increase voter turnout. Whenever that happens, it favors Democrats since they have more registered members than the GOP.

Either way, Scalia’s death is probably beneficial to whomever the Democratic nominee will be. If either Hillary Clinton or Bernie Sanders get the nomination, supporters of the defeated candidate are more likely to support the reigning Democrat.

Even if voters don’t like the winner’s policies as much as their preferred candidate, they’re likely to support the nominee in order to continue tipping the Supreme Court to the left. After all, three additional justices are 70 or older. Stephen Breyer is 77, Anthony Kennedy is 79, and Ruth Bader Ginsburg is 82.

We have had a long haul these last 15 years. Much social progress has been stalled.

But now that Scalia is out of the picture, the future looks bright.

Maybe things really will turn out alright. Maybe we’ll actually have a chance to build that better world we’ve all been dreaming about.

Rest in Peace, Scalia. The nation can’t wait to move on without you.

Unions Can’t Just Be About What We’re Allowed to Do: Social Justice Unionism

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If labor unions were an animal, they’d be an old hound dog napping on the porch.

They’re slow to get up and chase away burglars but they do like to howl at night.

Most of the time you don’t even know they’re around until the dinner bell rings. Then that ancient mutt is first to bolt into the kitchen to find a place at the table.

It’s kind of sad really. That faithful old dog used to be really something in his youth.

He was fierce! He’d bark at trespassers even tearing them apart if they threatened his patch of land.

Old Uncle Sam used to yell at him and even threaten the pooch with a rolled up newspaper, but that dog didn’t care. He had a sense of right and wrong, and he didn’t mind getting into deep trouble fighting for what he thought was fair.

Today, however, the only thing that really riles him is if you threaten to take away his ratty old bone.

Let’s face it. Unions have become kind of tame. They’re housebroken and not much of a threat to those people waiting in the shadows to rob us blind.

Some people say we’d be better off without them. But I don’t agree. Even a decrepit canine can act as a deterrent, and thieves sure are frightened of dogs.

Think about all unions have given us: the weekend, child labor laws, vacation time, pensions, lunch breaks, healthcare, the 8-hour day, maternity leave, safety measures, due process, sick leave and free speech protections on the job!

They didn’t get us all that by sitting politely at the table with their hands crossed. They didn’t do all that by contributing modest sums to political campaigns. They didn’t do it by obsessively protecting collective bargaining at the expense of all else.

Unions used to take to the streets. They took over the job site. They marched with signs and placards. They exercised people power.

And the government was scared of them. The President called out the army to get them back to work. Lawmakers hired mercenaries to break strikes with clubs and guns. But eventually Congress passed laws to placate them.

Unfortunately, That was a long time ago.

For decades the pendulum has been swinging against us. Federal and state laws have become increasingly restrictive. They want to tell us when we can strike and how long. They want to tell us when and if we can collect dues. And – frankly – they want to tell us to just disperse and do whatever the bosses want – because the business class has already bought and paid for our politicians.

For decades we’ve heard to their propaganda on TV, the radio and the print media. Well-paid shills have poured their poison in our ears about the evils of the labor movement. They’ve spoken these lies so often lots of people believe them.

Workers used to fight to make sure everyone got a fair deal. Now the working man has been brainwashed to focus instead on making sure no one else gets more than him. And the bosses are laughing all the way to the bank.

Union membership is at the lowest it’s been in a century. So are wages adjusted for inflation. A family of four used to be able to get by comfortably on one salary. Now it can barely make ends meet with two.

Yes. There’s no doubt about it. We need unions today more than ever.

But for unions to survive, they must change. They have to become a reflection of the membership and not just of the leaders.

During this presidential election cycle, we’ve seen our largest national unions – the National Education Association (NEA) and American Federation of Teachers (AFT) endorsing a candidate without bothering to actively poll their members. We’ve seen them speak for us on policy decisions without asking our opinions. We’ve seen them act just like the corrupt politicians who we should be fighting against.

Yes, it is time for a change. No longer can our unions be run from the top down. They must be run from the bottom up. They shouldn’t tell us what to do. We, the membership, should be giving orders to them.

Moreover, we need to stop obsessing about collective bargaining. I’m not saying that’s unimportant. But it can’t be the only thing we do.

Our unions used to be in the midst of larger social movements. We were part of the Civil Rights movement. We were part of the push for desegragation. We were part of the fight to protect children and provide them a decent education.

We need to continue that today. And in some places we are already doing that! Look to Chicago, Detroit and Philadelphia. Teachers unions in those urban areas are fighting not just for better pay and benefits but for the communities they serve. Detroit teachers en mass are calling off sick to protest horrible conditions in the schools. Chicago teachers are marching in the streets with the community to demand indictments for police murdering their black and brown students. Philadelphia teachers are supporting students who walk out of class to protest state disinvestment and toxic testing.

THIS is what unions should be doing. We should be fighting for social justice. We should be a central part of the struggle to turn the tide against corporatization, privatization and standardization of our country’s public goods. We should be marching hand-in-hand with BlackLivesMatter activists. We should be in the front lines of the fight to save our environment and replace fossil fuels with renewable energy.

We must be part of the community and not apart from it. We must share in the struggles and goals of those we serve. We must be an example of the old truism that a rising tide raises all ships. After all, the word “union” literally means together. By definition we must all be in this together or else we’re not even really a union.

And to do this we have to stop being so concerned with what they tell us we can do.

We live in a democratic society. The government gets its power from us, from our consent. That means that if there are enough of us, we trump their corrupt laws. They only get to make those laws because we say so. And court decisions – even Supreme Court decisions – mean nothing next to the court of public opinion.

The bosses buy the politicians and tell them to legislate us into a box. It’s time to break out of that box. We can’t be afraid to take our power back. We shouldn’t be afraid of our government. Our government should be afraid of us.

How do we do it? Organize.

If you belong to a union, roll up your sleeves and get active. Run for office. Convince like-minded folks to join you. Take over your local. Spread to your national.

If you don’t belong to a union, start one at your job. Talk to your co-workers. Talk about the benefits for each of you and your neighborhoods. Fight for your rights.

I know. It’s a whole lot easier to complain. Real change, though, takes real work.

We used to know these things. Somewhere along the line we forgot.

So wake up, you yeller cur dog, and get off the porch. Take to the streets.

Because the surest way to take back our country is to take back our unions.

F is for Friedrichs… and Freeloader: A Supreme Court Nightmare

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Say you’re on an airplane flying high over the Rockies.

The plane is going down.

You need a parachute.

Luckily, before you took off, all the passengers got together and pooled their money to buy them.

There’s enough for everyone. We’re all going to make it out of this alive.

People line up at the doors getting ready to jump.

Right in front of you is a lady with a sour look on her face.

“I can’t believe they’re making us pay for these parachutes,” she says.

“Really?” you reply. “Don’t you want one?”

“Sure I do!” she says. “I just don’t think I should be forced to pay for it.”

You give her a look. You can’t help it.

“But how else can they buy the parachutes?” you say.

She puts her hands on her hips and says, “There are some people on other airplanes that don’t have parachutes. I don’t think it’s fair that I get a parachute when they don’t have one.”

“You could just leave your parachute here on the plane and jump without it,” you offer helpfully.

She makes a face looking down at the parachute she’s been provided. “Will you look at this?” she says. “Mine’s blue.”

“So what?” you say. “So is mine.”

“I hate blue. I don’t want my money going to buy blue parachutes.”

“Um. At least you’ll have a soft landing.”

“A soft BLUE landing without my Constitutional rights.”

Just then a hole breaks open in the back of the plane sending air whooshing through the cabin. Oxygen masks fall from the ceiling. The plane shudders back and forth before the hole is plugged and cabin pressure returns.

A man with a similar sour expression comes forward to both of you. He is wearing a military police uniform and has a whistle in his mouth. He blows it.

“Did I hear right!?” he bellows. “Is this woman being forced to pay for her parachute!?”

“Yes,” you say after a moment. “She wants one.”

They both look at you like a third arm is growing out of your forehead.

“That’s beside the point,” the military man spits. “She can’t be FORCED to pay for it!”

By this time, a woman makes her way to the three of you from the front of the plane. She is wearing a beret and an armband.

“What’s the problem back here?” she asks.

“The problem is that this woman is being forced to pay for her parachute!” the MP says.

“Do you want a parachute?” beret woman asks the sour jumper.

“Of course,” the woman says.

“Then why shouldn’t you pay for it?”

“Because it’s blue,” she says.

“Are you kidding me?” beret woman asks. “Of course it’s blue. We got those on sale. The only way we could afford parachutes for everyone was if we bought in bulk and bought blue.”

“I don’t care,” the jumper says. “I shouldn’t be forced to buy a blue parachute if I don’t want one.”

“But you DO want one,” you say.

“Not a blue one,” she responds.

“Just give it back,” you say.

“No,” she replies stubbornly.

“That’s it,” the MP says drawing his gun. “Both of you, give me your parachutes.”

“What!?” you say.

“You heard me, Flyboy!” he says opening a huge rucksack. “Everyone on this plane! Put your parachutes in this bag!”

Everyone groans but does as he commands. After all, he’s holding a gun.

“Now what?” the sour jumper says once all the parachutes have been collected.

“Now I’m going to return all of these to the store,” he says.

“Huh!?” you say.

“It’s the only fair thing to do. You’ll each have to come back to the store and pay for your own ‘chutes.”

“But we’re on a plane plummeting out of the sky!” you say.

He turns to the sour jumper. “You’re welcome,” he says. “My job here is done.”

You turn to beret lady. “Isn’t there something you can do?” you ask.

“I’m afraid not,” she says. “Even if we could go back to the store, we can’t afford to buy everyone a parachute unless everyone pitches in. And even then only the blue ones are on sale.”

The military man salutes and jumps out of the plane. After he falls an appreciable depth he pulls his own rip cord. You can see his parachute balloon open. It’s bright red.

You turn to beret girl. “Who was that guy?” you ask.

Air Marshal Alito,” she says before making her way back to the front of the plane.

The nose of the cabin dips down. The sound of rushing wind is intense.

You turn to the sour jumper. “Are you satisfied now?” you say. “We’re all going to die.”

She slumps to the ground. Her head falls off. She’s hollow. She was just a mannequin.

You sit back in your seat stunned.

You put on your belt.

“I don’t want to pay for any seat belts,” comes whining from the mannequin’s head rolling on the floor.

You kick it out of the plane.

And smile.

Before you crash.

And experience a fiery death.


 

Meanwhile on the ground, Air Marshall Alito is shaking a man’s hand. The man is from Wall Street. He just made a small fortune betting the plane would crash. His name is Koch.

He gives Alito a suitcase full of greenbacks. He turns to another man, the owner of Friedrichs’ Mannequin Manufacturing. He gives him another similar suitcase.

These suitcases contain just a fraction of the money Koch has won betting on the demise of the airplane passengers.

He is laughing.

On the suitcases it says, “Right to Fly.”

He laughs harder.

He laughs and laughs and laughs.

EPILOGUE:

You’re still dead.


 

MORALS:

Should workers be permitted to benefit from collective bargaining without paying union dues? No. Pay for what you get or turn down the benefit.

Is collective bargaining essentially political? No. It’s negotiating fair treatment. Ebay isn’t political. Neither is this.

Is Friedrichs v. California Teachers Association a trumped-up case tailor-made for the five conservative Supreme Court justices to overturn existing law simply because they wanna? HELL YEAH!


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NOTE: This article was featured on Diane Ravitch’s blog.