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Rand Paul Shuts Down Attempt to Revise No Child Left Behind Because He Didn’t Do His Homework

Our guest blogger is Jeremy Ayers, Senior Education Policy Analyst at the Center for American Progress Action Fund.

Today, the Senate Health, Education, Labor, and Pensions (HELP) Committee began debate on a bill to revise No Child Left Behind, a revision that was originally due to be completed in 2007. But Sen. Rand Paul (R-KY) shut down the committee by invoking a rarely enforced rule that limits committee meetings to two hours when the Senate is in session. That’s an interesting move given that he said at the hearing he wants to change or even throw out NCLB, the very thing the committee was attempting to do.

So what led Paul to prevent the Senate from revising the very law he says he wants to revise? In his remarks he complained that he did not have time to read the bill and that the committee had held no hearings since he was elected (comments at 59:12):

We are given an 868 page piece of legislation on Monday and expected to digest it. Look at the amendments here. I’ve probably got 1,000 pages of amendments, not to mention mine. I may have another 1,000 pages of amendments.

But Paul filed 74 amendments to revise the bill being considered. Apparently, he had enough time to read the bill to think up, draft, and submit 74 changes. Plus, the original version of the bill was actually released to the public over a week ago, on October 11. Of course, private versions were circulated weeks before that among senators, staff, and some members of the public.

But that’s probably not what really motivated Paul. After the committee hearing ended, he went to the Senate floor to continue his protest. There he revealed why he’s actually obstructing the process for changing No Child Left Behind:

There’s no provision in the Constitution for the federal government to be involved [in education] period. This was part of the Republican platform from nearly 30 years, that we didn’t believe in federal control, we wanted to leave local control.

Watch it:

It’s understandable to hold philosophical principles about the role of the federal government. But if you object to federal involvement in education, perhaps being on the Senate education committee is not the best assignment. And it seems odd to shut down the entire process that is trying to fix and improve a bill you claim to want to fix. But perhaps nothing will be satisfactory to the far right until federal education programs are gutted entirely. In the short-term at least, Republican leaders will have to decide whether to spend their energy on appeasing the Tea Party right or improving schools for America’s students.

Alyssa

Pop Culture And The Death Penalty Project: Richard Wright’s ‘Native Son’

Welcome to the first installment of the Pop Culture and the Death Penalty Project. Up next week, the 1999 movie adaptation of Stephen King’s The Green Mile.

One of the things that struck me most about the structure of Native Son is how perfectly circular it is. In the introduction to the novel in the edition I read, the prefacer described Bigger’s attempt to clean the rat out of his family’s apartment as a humiliation that sets the stage for his murder of Mary Dalton. But it also previews Bigger’s ultimate fate. The rat’s dash from the Thomas family skillets is the same briefly successful evasion that Bigger will experience from the police. Its death in a box is similar to Bigger’s own decline in a cell, though of course Bigger has an emotional revelation the rat is incapable of. And it inspires Bigger’s mother to speak almost prophetically of his own negation and ultimate fate. “Bigger, sometimes I wonder why I birthed you,” she muses after he finally vanquishes the rat. “Maybe you oughtn’t’ve. Maybe you ought to left me where I was…You’ll regret how you living some day. If you don’t stop running with that gang of yours and do right you’ll end up where you never thought you would. You think I don’t know what you boys is doing, but I do. And the gallows is at the end of the road you traveling, boy. Just remember that.” And he does. “Bigger, did you think you’d ever come to this?” Mr. Max asks Bigger during the trial process. “Well, to tell the truth, Mr. Max, it seems sort of natural-like, me being here facing that death chair,” Bigger tells him. “Now I come to think of it, it seems like something like this just had to be.”

But the inevitability of someone committing a crime is one discussion, and the question of whether that punishment is just or effective is entirely another. The main argument made by the prosecution in Bigger’s murder trial seems to be that it is an effective deterrent. “Our experience here in Dixie with such depraved types of Negroes has shown that only the death penalty, inflicted in a public and dramatic manner, has any influence upon their peculiar mentality,” a source tells a Chicago newspaper for a story about Bigger’s trial. “Had that nigger Thomas lived in Mississippi and committed such a crime, no power under Heaven could have saved him from death at the hands of indignant citizens.” The prosecutor takes for granted that the death penalty will be a deterrent, telling the judge during sentencing that “Your Honor, millions are waiting for your word! They are waiting for you to tell them that jungle law does not prevail in this city! They want you to tell them that they need not sharpen their knives and load their guns to protect themselves. They are waiting, Your Honor, beyond that window! Give them your word so that they can, with calm hearts, plan for the future! Slay the dragon of doubt that causes a million hearts to pause tonight, a million hands to tremble as they lock their doors!”

There’s no question that, at various points in the novel, Bigger is afraid of death, and afraid, specifically, of the death penalty. That fear slackens somewhat when he believes he has his family and the Daltons fooled: “But at home at the breakfast table with his mother and sister and brother, seeing how blind they were; and overhearing Peggy and Mrs. Dalton talking in the kitchen, a new feeling had been born in him, a feeling that all but blotted out the fear of death.” When he’s going through his trial, he feels viscerally the horror of his death being made a symbol, though he has that realization only after her’s committed his crimes. Bigger reflects:
Read more

Women Required To Sit At The Back Of A Public Bus In Brooklyn

Segregated public buses may seem like a anachronism that went out with Rosa Parks, but women are still required to sit at the back on one New York City bus line. The New York World reports that while the B110 in Brooklyn is open to the public, a council of Orthodox Jewish leaders has control over its policies because the route serves a Jewish community in the city.

And the rabbis on the bus’ consulting council have decreed that male passengers should ride in the front of the bus and female passengers in the back:

The B110 bus travels between Williamsburg and Borough Park in Brooklyn. It is open to the public, and has a route number and tall blue bus stop signs like any other city bus. But the B110 operates according to its own distinct rules. The bus line is run by a private company and serves the Hasidic communities of the two neighborhoods. To avoid physical contact between members of opposite sexes that is prohibited by Hasidic tradition, men sit in the front of the bus and women sit in the back.

The arrangement that the B110 operates under can only be described as unorthodox. It operates as a franchise, in which a private company, Private Transportation Corporation, pays the city for the right to provide a public service.[...]

City, state and federal law all proscribe discrimination based on gender in public accommodations.[...] The Department of Transportation, which issues the franchise, confirms that it understands the B110 to be subject to anti-discrimination laws. “This is a private company, but it is a public service,” said Seth Solomonow, a spokesman for the DOT. “The company has to comply with all applicable laws.”

The rule is no mere formality. Women who ride the bus, even those who are not Jewish, report that they are ordered by male passengers to move to the back, and scolded when they ask questions.

The DOT spokesman said the agency would contact the bus company about these incidents, “with the expectation that it will take steps to prevent the occurrence of incidents of this nature.” However, the New York City Commission on Human Rights, which prosecutes violations of anti-discrimination law, said it would not investigate unless someone filed a complaint. But a spokeswoman for the commission indicated that they too understood the bus line to be a public accommodation subject to anti-discrimination laws, even if it is run by a private company.

The city’s peculiar arrangement with a group of orthodox religious leaders often criticized for their exclusionary treatment of women seems to blur the constitutional line between church and state beyond distinction. Hasidics’ segregationist policies are not representative of the Jewish community as a whole — in fact, many Jews reject their practices because they prohibit women from participating in the most meaningful parts of religious life, including prayer and public reading of the Torah.

Ross Sandler, a professor at New York Law School, says anti-discrimination laws apply to buses that are franchises but “the question is whether there is an exception for this particular bus line.” The Transportation Department said that the B110 had not been granted any exceptions to anti-discrimination laws.

GOP Presidential Candidate Gary Johnson Would Consider Full Pardon For Marijuana Offenders

GOP presidential candidate Gary Johnson told reporters today that he would consider issue “a full presidential pardon” for every non-violent marijuana convicted under current drug laws if elected. Asked by blogger Darren Richardson if he would consider such a move, the libertarian former governor of New Mexico — who called himself “part of the marijuana movement, forever” and has acknowledged using marijuana — said he would, comparing the prohibition on marijuana the prohibition of alcohol:

JOHNSON: Yes. … After prohibition of alcohol was repealed, one of the untold stories was of all the pardons that went out to all those people who had been convicted or were serving jail sentences for trading in alcohol. I think that same phenomenon accompanies legalizing marijuana and what I call rational drug policy, which starts with looking at the drug problem or the drug issue first as a health issue rather a criminal justice issue.

Most offenders are convicted under state drug laws and thus not eligible for Johnson’s scheme, but activists have sought a presidential pardon for some egregious federal convictions.

Perhaps the most startling thing about Johnson’s stance is not the comments themselves, but the fact that only a fringe candidate with less than one percent support in most polls is willing to say them. As Johnson happily noted, a new Gallup poll released this week finds that a full 50 percent of Americans now support marijuana legalization, and not just for medical use. A CNN poll from April, a Pew poll from February, and many other recent polls have similar results, with support for legalization in at least the mid 40s. Meanwhile, support is as high as 62 percent other controversial among Americans under 30 years old. Support for other social policies is often not much higher, yet they garner immense attention while drug policy is largely ignored or taken for granted.

Reps. Barney Frank (D-MA) and Ron Paul (R-TX) have been perhaps the most mainstream politicians to take up the issue, introducing a bill to allow states to regulate marijuana as they please.

NEWS FLASH

Judge Blocks An Oklahoma Anti-Abortion Law That Restricts The Way Doctors Can Prescribe Drugs For Patients | Oklahoma County District Judge Daniel Owens temporarily blocked the state’s new law that restricts “the ways in which doctors can treat women with abortion-inducing drugs,” like the morning after pill. The law, meant to take effect on Nov. 1, prohibits off-label uses of these drugs “such as changing a recommended dosage or prescribing it for different symptoms than the drug was initially approved for.” Women’s health advocates noted that such practices are common and that the law would “prevent doctors from using their best medical judgment.” The Center for Reproductive Rights, the group challenging the law, noted that 21 percent of all drugs are prescribed for off-label use and that the injunction ensures “women in Oklahoma will continue to be able to access medical care that accounts for scientific evidence, sound medical judgment and advancements in medicine.” Similar laws in North Dakota and Ohio are delayed pending legal challenges.

Study Shows South Carolina Voter ID Law Hits Minorities Hardest, Violating Voting Rights Act

The Confederate battle flag flies in front of the South Carolina Capitol

As ThinkProgress has been reporting, a slew of Voter ID laws pushed by Republican legislators in several states are a transparent attempt to disenfranchise core Democratic voters, especially the poor, college students, and minorities. In May, South Carolina became the 10th state to adopt this legislation.

The ACLU warned that “nearly 180,000 voters in South Carolina – most of whom are elderly, student, minority or low-income voters – will be disenfranchised as a result of this discriminatory bill.” The NAACP added that it “immediately disenfranchises eight percent of registered voters in the state.”

Those predictions are already coming true. A study by the Associated Press finds that South Carolina’s law hits minority precincts the hardest:

A new South Carolina voter identification law is impacting majority-black precincts more than others in the state, according to a study by the Associated Press.

The measure requires that every person have photo ID of some kind when they vote, whether it is a driver’s license, military ID or passport, the AP wrote. The law has been under review by the Department of Justice to see if it violates the Voting Rights Act.

The AP found that many voters in majority-black counties in South Carolina do not have proper identification — and the percentage of minority voters without the right identification is higher in those areas than other precincts statewide.

In Richland County, the state’s second-most populous county, there are 11,087 nonwhite voters without ID, and 4,544 in Orangeburg County. According to AP, this means that half of those impacted in Richland — and 73 percent in Orangeburg –are non-white voters.

Under Section 5 of the 1965 Voting Rights Act, the burden of proof is on southern states with a legacy of racial oppression to prove that legal changes will not have a discriminatory impact on minority voters. The AP study appears to confirm that South Carolina’s Voter ID law violates the VRA.

Voter ID laws have been widely denounced as the reincarnation of a Jim Crow system that systematically disenfranchised black voters. When the South Carolina House looked as if it would pass the legislation last year, “members of the Legislative Black Caucus and others stood up and walked out of the House chamber to show their collective disgust.”

Democrats say it’s no coincidence that Republicans renewed their disenfranchisement efforts after Barack Obama was elected president. “In 2008, we had too many black folk, too many brown folk, too many poor folk voting,” said South Carolina state Representative David J. Mack III. “They (Republicans) can’t have that in 2012.”

NEWS FLASH

Report: 120,000 Active Duty Soldiers Never Received The Absentee Ballots They Requested For The 2010 Election | A Federal Voting Assistance report reveals that “an astonishing 120,000 active duty military personnel never received their requested absentee ballots in the 2010 election.” This failure left 29 percent of active duty military voters without a vote, up from 16 percent in 2008. Soldiers that year were more likely to vote, as the percentage of those voting increased from 24 percent in 2006 to 29 percent in 2010. With the passage of the Military and Overseas Voter Empowerment Act two years ago, ballots are supposed to be available 45 days prior to election day. The Federal Voting Assistance Program is aimed to help service members and their families as well as citizens living outside the U.S to vote.

Notorious Corporate Junkets Shop Finally Ends Junkets For Judges Program

U.S. Court of Appeals Judges and FREE Board Members Edith Clement, Alice Batchelder and Danny Boggs

For two decades, the corporate-funded Foundation for Research on Economics & the Environment’s (FREE) flagship program was a series of free junkets for judges where judges can ride horses, bunk with industry attorneys, and learn how to decide environmental cases in ways that benefit FREE’s corporate funders — funders that include Texaco, Exxon, General Electric, Koch, Monsanto, and Shell. Thankfully, this effort to undermine the integrity of the judiciary is finally coming to a close:

After 20 years of drawing federal judges to retreats in Montana, the Foundation for Research on Economics and the Environment is scaling back. John Baden, the libertarian economist who leads FREE, said in an interview on Oct. 12 that the group’s most recent conference, in late August and early September, will be its last. Baden said he’ll continue teaching but shift his focus from judges to religious leaders, who he thinks could benefit from economics.

The end of FREE’s junkets is an unambiguously positive development, but a shockingly large number of judges accepted FREE’s free junkets during the 20 years FREE provided them. Those judges include two Fifth Circuit judges who, at the urging of the oil industry, shut down one of the Obama Administration’s most important efforts to reduce the risk of another volcano of oil being set off in the Gulf of Mexico, and Judge Roger Vinson, the Tea Party judge in Florida who handed down an error-laden opinion striking down the entire Affordable Care Act. It also includes Chief Judge Edith Jones, the chief judge of the notoriously right-wing Fifth Circuit.

Three of FREE’s board members, Fifth Circuit Judge Edith Clement and Sixth Circuit Judges Alice Batchelder and Danny Boggs, are sitting federal judges — despite an ethics opinion from a committee of federal judges saying that it is unethical for Batchelder, Boggs and Clement to help lead this junketing organization.

NEWS FLASH

Leading Gay Rights Attorney Nominated To Vermont Supreme Court | Yesterday, Vermont Gov. Peter Shumlin (D) nominated Beth Robinson to be the next justice of the Vermont Supreme Court. In 1999, Robinson represented three same-sex couples in the state supreme court case that led to gay couples being granted the right to enter into civil unions. She went on to lead a Vermont marriage equality group before becoming Shumlin’s general counsel.

Arizona Governor Jan Brewer Endorses Alabama’s ‘Papers, Please!’ Law For School Children

The “Papers, Please!” anti-immigration movement could be moving into Arizona’s elementary school classrooms soon. Gov. Jan Brewer (R-AZ), the conservative governor responsible for Arizona’s SB1070 law, would like to adopt Alabama’s draconian anti-immigrant measures for her state.

The Alabama law goes farther than what Arizona has already passed. The Alabama law forces schools to check the immigration status of students. Since the law provides new requirements for any Alabama resident to be screened before using public facilities of almost any type, public water utilities have began checking the immigration status of customers.

ThinkProgress caught up with Brewer in the spin room after the CNN debate last night. Brewer referenced the fact that the federal courts have blocked certain provisions of the law, but told us that if Alabama’s law eventually passes constitutional muster, that she would like to see it implemented in her own state of Arizona:

KEYES: Governor, what do you make of Alabama’s recent immigration law?

BREWER: I think that they’re frustrated and they’ve been impacted by illegal immigration down there. Again, states cannot afford it. We cannot afford the health care, the education, the incarceration, and what it does to our communities.

KEYES: Do you think some of the provisions would be appropriate for Arizona as well? For instance, schoolchildren and their families are being asked about their immigration status upon enrolling in school?

BREWER: I don’t really have a problem with that. When I was going to school we always had to bring our birth certificates for whatever reason they needed it at that point in time. Bottom line is that I believe in federalism. With federalism, I think states should have rights, and as long as those taxpayers are paying the tab then they ought to know if they’re legal or illegal. The bottom line of illegal immigration is its all about the rule of law. We are a nation of laws, we ought to abide by the law.

Watch it:

After speaking with Scott Keyes, Brewer confirmed her position in another brief interview with Lee Fang. “I think its important to find out who is going to our schools and if they’re legal or if they’re illegal,” said Brewer.

Despite a federal court blocking parts of the Alabama law for now, including the schools provision, hundreds of Hispanic children have refused to show up at school and many families are fleeing the state.

Justiceline: October 19, 2011

Welcome to Justiceline, ThinkProgress Justice’s morning round-up of the latest legal news and developments. Remember to follow us on Twitter at @TPJustice.

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