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Harvard Law Professor Wants to Ban Homeschooling

An article written by freelance writer Erin O’Donnell and published in Harvard Magazine has justifiably gone viral among the diverse homeschooling communities operating in the United States—for the moment the freest nation in the world. The article, titled “The Risks of Homeschooling,” is accompanied by a cartoon illustration of half a dozen children romping joyfully outside while one child locked behind the prison bars of her own home looks forlornly and longingly out at them. One of the exterior walls of her home depicts books with the words “Reading, Writing, Arithmetic, Bible” to ensure readers know that the prison guards are Christians.

O’Donnell’s article is far less important than the work of the woman about whom O’Donnell is writing: Harvard law professor Elizabeth Bartholet, a long-time opponent of home-schooling and proponent of feminism, abortion, and the near-absolute autonomy of children. Too few people, it seems, are reading Bartholet’s deeply troubling Arizona Law Review article “Homeschooling: Parent Rights Absolutism vs. Child Rights to Education & Protection” on which O’Donnell’s article is based and in which Bartholet lays bare her subversive plan to radically refashion American society according to the philosophical, political, and moral fever dreams of leftists everywhere. Bartholet issues an explicit call for a “presumptive ban” on homeschooling. While Bartholet claims to be concerned about homeschooling in general, it’s clear from her article that she has a particular antipathy for Christian homeschoolers.

While Bartholet belches out some gaseous but tactically useful words of concern about potential abuse of children by fringy parents and cites some fringy anecdotes to becloud the issue, her real goal is not to end physical abuse but, rather, to undermine parental authority, increase the power of the state, and remake the Constitution into a living, breathing leftist phantasm.

Bartholet argues that “Appropriate education. … makes children aware of important cultural values. …  [H]omeschooling parents … are not likely to be capable of satisfying the democratic function.”

Homeschooling parents will likely be not only taken aback by that claim but also confused by it. What, they may wonder, are those “important cultural values” and what renders homeschooling parents incapable of satisfying the democratic function. While Bartholet doesn’t specifically identify the “important cultural values” on which the democratic function relies, it’s not difficult to infer what they are from oblique statements like this:

[T]he current homeschooling regime is based on a dangerous idea about parent rights. … [t]hat parents who are committed to beliefs and values counter to those of the larger society are entitled to bring their children up in isolation. … This legal claim is inconsistent with the child’s right to what has been called an “open future”—the right to exposure to alternative views and experiences essential for children to grow up to exercise meaningful choices about their own future views, religions, lifestyles, and work. … [E]xposure to the values of tolerance … has been seen as a primary goal of public education from its origins.

Since tolerance has been redefined by leftists to mean “affirming leftist sexuality dogma,” has “tolerance” really been the primary goal of public education from its origins?

To be clear that she wants the nation’s children to be indoctrinated with leftist sexuality dogma, Bartholet also criticizes families who want to teach their children “that people with nontraditional sexual orientations or gender identities should be ‘cured’ or condemned.”

Interestingly, here is what one of the studies Bartholet cites—the Cardus Education Survey—says about religious homeschoolers and the value of tolerance in the “democratic function”:

We might expect that the private and familial approach of education would fail to prepare students for effective participation in a democracy. But we don’t find any evidence for this. … [H]omeschoolers are more willing than public schoolers to extend freedom of speech to those who want to speak out against religion. And we don’t find any difference in the extent that homeschoolers favor greater tolerance for non-Christian religions in American society. Relatedly, some might expect that religious homeschoolers would socialize students into more authoritarian orientations to public life. However, on one of the measures often used to capture authoritarian orientations, respect for authority, we don’t find that homeschoolers are any more supportive than public schoolers are of the notion that one of the main problems in the US today is the lack of respect for authority. It seems that one of the strengths of homeschooling, which may be related to the counter-cultural minority status of homeschooling, is robust support for democratic principles of individual freedom and freedom of expression.

When she likes Cardus findings, Bartholet calls them “good social science.” When she dislikes them, Bartholet dismisses them as “advocacy.”

Repeatedly and ironically, Bartholet frets that,

homeschooled children miss out on exposure to others with different experiences and values. … A very large proportion of homeschooling parents are ideologically committed to isolating their children from the majority culture and indoctrinating them in views and values that are in serious conflict with that culture.

Never once does she mention the ideological monopoly on sexuality that perverts public education and results in pervasive censorship of resources that express dissenting views. Nor does she critically examine her assumption that the role of education is to affirm the views and values of “majority culture.” Did she hold that position in the 1950s, 1960s, and 1970s?

In her section on the “Child Maltreatment Piece of the Homeschooling Picture,” Bartholet writes that the “very isolation of so many homeschooling families puts children at risk. Child maltreatment takes place disproportionately in families cut off from the larger community.” First, Bartholet provides no evidence of the percentage of all homeschooling families or of religious homeschooling families that are “cut off from the larger community.” And then, as evidence for her implicit claim that homeschooling poses a danger to children, she cites in a footnote her own book written over two decades ago on systemic problems with the child welfare system.

While discussing her alleged fears regarding socialization, Bartholet says nothing about the serious socialization problems in public schools that range from drug and alcohol use; sexting; and social contagions related to eating disorders, suicide, cutting, and gender dysphoria.

Bartholet cites a study by the pro-regulation organization Homeschooling’s Invisible Children, which is an affiliate of pro-regulation organization Coalition for Responsible Home Education, as evidence that homeschooled children are at greater risk of death, but the study itself concludes that “This finding does not yet reach the threshold for statistical significance, so at this point we cannot say conclusively that homeschooled students die from child abuse and neglect at a higher rate as other students.”

Would increased regulation increase safety for children? Does regulation and oversight by Big Brother guarantee child safety? How does Bartholet account for the abuse of children in highly regulated government schools by school staff? As a result of that abuse, is she calling for a presumptive ban on public schools?

Bartholet has a game plan that she defends in part by employing the bandwagon fallacy, arguing that “Many countries ban homeschooling altogether, others fail to legally recognize it, and many impose significant requirements, often including required home visits and annual testing.”

Get with the European program, you philistines!

Bartholet believes that,

The homeschooling movement’s claim that the current regime is justified by absolute parent rights is morally wrong and inconsistent with growing recognition worldwide that child human rights have equal status with adult human rights. … The movement relies on adult freedom of religion rights to oppose regulation affecting religious homeschoolers. But such rights should not trump child rights to exposure to alternative views, enabling them to exercise meaningful future choice about their religion.

So, while Bartholet wants to prevent Christian parents from inculcating their own children with their religious worldview, she wants to ensure that government schools are allowed to inculcate other people’s children with only leftist sexual views and, in so doing, prevent those children from being able “to exercise meaningful future choice” about sexual matters.

Bartholet’s proposes a “new regime” for homeschooling that would require permission to homeschool, which would be granted under only very narrow circumstances, and would require that homeschooled students still attend government schools part-time:

The new regime should deny the right to homeschool, subject to carefully delineated exceptions for situations in which homeschooling is needed and appropriate. Parents should have a significant burden of justification for a requested exception. There is no other way to ensure that children receive an education or protection against maltreatment at all comparable to that provided to public school children. … When exceptions are granted, children should still be required to attend some courses and other programs at school.

Bartholet’s fervor for mandating that Christians teach leftist views to their own children extends to Christian private schools as well:

Some private schools pose problems of the same nature as homeschooling. Religious and other groups with views and values far outside the mainstream operate private schools with very little regulation ensuring that children receive … exposure to alternative perspectives.

Bartholet points to three obstacles to her plan to achieve absolute autonomy for children and destroy the family: The Homeschool Legal Defense Association, organized parents, and the U.S. Constitution. She attacks all three and offers a plan for circumventing the U.S. Constitution until such time as it can be changed.

She argues that “state constitutional provisions on education provide a strong basis for challenges to the homeschooling regime,” and that “State court decisions based on state constitutions can eventually provide evidence of the kind of national consensus that often helps the Supreme Court find new meaning in the Federal Constitution.”

In an email to this writer, constitutional attorney Joseph A. Morris, who served as assistant attorney general of the United States under President Ronald Reagan, writes that Bartholet’s screed is “one of [the left’s] most important and most powerful attacks, against the family. … Bartholet’s article is a call to arms to the left to attack parental authority by means of a frontal attack on home-schooling.”

Mr. Morris offered too the larger context from which Bartholet’s “call to arms” emerges and summarizes her dangerous strategic plan:

Since the time Marx published The Communist Manifesto, the left has understood that to prevail against the civilization of the West—made strong by the organic relationships we generally describe under the rubrics of faith and family—it must seize control of the minds of children at the earliest possible time. Parental control of schooling, either by supervising how others educate their children or by doing it themselves, is a major obstacle to this prime tyrannical goal.

Bartholet marshals every argument, including (1) the asserted inferiority of home-schooling against the governmental product; (2)  the asserted roots of the modern home-schooling movement in racism and religious benightedness; (3)  home-schooling as a mask for child abuse, including child sexual abuse; and similar horribles.

She seeks to awaken and mobilize every constituency that would join the battle against parental authority and home-schooling, including public sector (teachers’) unions, which have direct financial stakes in forcing children into government schools; child-protection advocates; opponents of racism, religion, particularity of every stripe, and binary sexual worldviews; and progressives in every category.

She is not content to argue that, in protecting parental authority and the rights of home-schoolers, American courts have lately misinterpreted and misapplied the provisions of the United States Constitution. Her enterprise is far more ambitious than that. She proposes to take on the evil United States Constitution itself, and to use home-schooling as a good battleground on which to launch that war.

The heart of her legal argument will be found on page 59:  “The U.S. Constitution with its negative rights structure is an anomaly, outdated and inadequate by the standards of the rest of the world.” In two or three rather clear paragraphs on that page she makes her case against the American constitutional tradition and sets her gunsights squarely on the Constitution itself, hoping to overturn it by using the case for “affirmative rights” of children to education free of parental domination (and thus, of course, open to domination by someone else!). To this end, then, she marches off to praise foreign constitutional traditions, even of other democracies, that Americans have rejected since founding modern constitutionalism in the 18th century.

This article was meant to be a clarion call to arms, seeking to mobilize her radical confreres in all Marxist domains and the progressive left in general. The article is being widely touted throughout the legal and academic communities.  It is already on the nightstands of teachers’ union presidents, leftist community organizers, mainstream media editorial writers, and crafty plaintiffs’ lawyers from coast to coast. Once the pandemic ends, the 2020 elections are held, and State legislatures convene for their 2021 sessions, leftist think tanks will spoon-feed cookie-cutter legislation to “progressive” State senators and representatives to begin the long project of abolishing home schooling, by overburdening it with regulation to the point that parents collapse of exhaustion, or by outright prohibition, if necessary.

The publication of Bartholet’s article in a law journal, even an obscure one, gives it a veneer of “mainstream” legal scholarship. I have no doubt that she will soon have a publisher for a full-length, less technical version of the article as a book meant for a wide general readership.

The drumbeat of anti-home-schooling editorials will begin in the editorial pages of The New York Times and The Washington Post within months, and certainly in time to attempt to set agendas across the land in the 2021 State legislative season.  

We should thank Erin O’Donnell for bringing to wider attention the insidious efforts of Ivory Tower leftist Bartholet to exploit the U.S. Constitution and state constitutions to ban homeschooling or regulate it into submission to leftist assumptions.

Listen to this article read by Laurie:

https://staging.illinoisfamily.org/wp-content/uploads/2020/04/Harvard-Law-Professor-Wants-to-Ban-Homeschooling.mp3

Read more:

Public Schools Failing Illinois Children Academically

American Students Are Failing: You Can Thank Public Schools


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Left-Wing Partisans File Stunning Resolution Against Illinois Family

Illinois is morally, fiscally, and intellectually bankrupt, and you know what some lawmakers in swampy Springfield are doing with their time and taxpayers’ money? They’ve crafted a stunning resolution titled “Illinois Family Action-Hate Speech” (HJR 55) condemning Illinois Family Action (IFA) and Illinois Family Institute (IFI), falsely accusing us of bigotry and engaging in “hate speech” because in two articles we compared the abortion holocaust to the Nazi Holocaust.

The ten “progressive” sponsors of the resolution falsely accuse IFA of distributing “multiple anti-Semitic, homophobic, threatening, and hateful posts on their official social media page, callously belittling the most appalling tragedies of the Holocaust and recklessly comparing those who disagree with their extreme agenda to Nazis.”

Chicago attorney Joseph A. Morris, who is also a leader in B’nai B’rith and other Jewish and interfaith organizations, served from 1995 through 2001 as the President of B’nai B’rith in the Midwest, and was founder and first Chairman of the B’nai B’rith International Center for Public Policy, said this about the disputed analogy:

I’m Jewish, and not only am I not offended by the comparison between the German Nazi Party’s National Socialism and the U.S. Democratic Party’s Democratic Socialism but I think the comparison is accurate. Wise, principled, and humane Democrats should welcome having their attention arrested by the facts.

The bill’s sponsors filed this resolution just days after a crowd of 4,000 pro-life Illinoisans showed up in Springfield to urge their state senators and representatives to oppose the radical anti-life policies sponsored by these lawmakers and other “progressives”—an event singled out for criticism in the resolution.

Apparently, our anti-constitutionalists in Springfield have forgotten the First Amendment’s protection of speech, assembly, and the right to petition our government for redress of grievances, which is “the right to make a complaint to, or seek the assistance of, one’s government without fear of punishment or reprisals,”you know, like hateful resolutions.

The resolution is a crock of unsubstantiated ad hominem attacks glued together with more unsubstantiated ad hominem attacks, innuendo, irrelevant red herrings, non sequiturs, and a risible reference to the ethically impoverished Southern Poverty Law Center—an actual hate group.

The central issue is not whether the Nazi Holocaust is an apt analogue for America’s feticidal holocaust. The central issue is whether humans in the womb are persons with intrinsic and infinite worth. If they are, the analogy does not belittle the extermination of Jews by Nazis. If humans in the womb are persons with intrinsic and infinite worth, calling their extermination “health care”as the resolution’s sponsors dois an appalling horror.

Since logic and evidence still matter to some Illinoisans—resolution-signatories excepted—let’s don our rhetorical hazmat suits and waders and trudge through the murky, fallacy-infested resolution.

Resolution’s false allegation of “anti-Semitism”

The posts to which they refer are presumably one by Teri Paulson titled “Why is Legalized Abortion Called a Holocaust” and one by this writer titled “Leftist Hysteria and Their Language Rules” in which there is not one sentence that is anti-Semitic or that “callously belittles” the appalling horrors of the Holocaust. None of the sponsors has explained how comparing the egregious horrors of the slaughter of 61,000,000 humans in the womb to the egregious slaughter of 6,000,000 Jews and others in the Nazi Holocaust constitutes a callous belittlement of the Holocaust.

Quite the contrary, comparing the feticidal holocaust to the Nazi Holocaust does the opposite. It amplifies and illuminates the horrors of both. No one who compares the feticidal holocaust to the Nazi Holocaust would make such a comparison if they did not view the extermination of Jews as an incomprehensible horror. Can the Springfield ten really not comprehend that?

When asked whether he finds the analogy offensive, Orthodox Jew David Blatt said,

No. How is it any different? It baffles me that my liberal co-religionists endorse abortion-on-demand given the legacy of the Shoah.

Will the gang of ten in Springfield condemn Mr. Blatt as an anti-Semite?

The analogy is not reckless, nor is it new. Those who object to it do so because they have concluded that the product of conception between two humans is not a human created in the image and likeness of God and endowed by his or her Creator with certain unalienable rights, chief among them the right not to be exterminated. IFA and IFI reject the ontological and moral assumptions of “progressives” on incipient human life.

We reject the worldview that asserts that women have a moral right to have their offspring killed. We reject the worldview that asserts that mentally or physically imperfect humans are less worthy of life than their mental or physical “superiors.” Perhaps those who are enraged at IFA/IFI can explain how the pro-feticide philosophy regarding “defective” humans in the womb differs from the Nazi principle of  “life unworthy of life”?

Perhaps the sponsors can explain exactly why the comparison of a society in which the government has granted to mothers the absolute legal right to have any or all of their children exterminated for any or no reason to a society in which the government exterminates citizens because of their race is so evil that making it—that is, the comparison—must not be permitted and anyone who does make it should be condemned by the government.

Resolution’s false allegations regarding hatred and “callous belittling”

If there is any callous belittling being done, it’s by “progressives” toward humans in the womb. If there are hateful words being expressed, it’s by “progressives” who shriek “hater” at anyone who dares to challenge their beliefs and actions with the same conviction, boldness, and tenacity that they demonstrate.

Resolution’s false allegation of “homophobia”

Once again for the obtuse and/or demagogic “progressives” among us: no matter how many times you charge conservatives with “homophobia,” criticism of volitional homosexual acts or relationships does not constitute fear or hatred (i.e., “homophobia) of those who identify as homosexual. IFA and IFI hold theologically orthodox views of marriage and homosexual acts and relationships—views that are shared by the Catholic Church, the Orthodox Church, and many Protestant denominations. We have a constitutional right to express those views without being harassed, intimidated, and bullied by Springfield “progressives.”

IFA and IFI even have a right to quote, recite, and post what St. Paul says about homosexuality:

Or do you not know that wrongdoers will not inherit the kingdom of God? Do not be deceived: Neither the sexually immoral nor idolaters nor adulterers nor men who have sex with men nor thieves nor the greedy nor drunkards nor slanderers nor swindlers will inherit the kingdom of God.

Resolution’s false allegation of IFA/IFI threats

There’s really nothing to say other than neither of the “posts” that inflamed the resolution’s sponsors or any other posts written for IFA/IFI include any threats. We unequivocally denounce the use of violence. If the resolution sponsors cannot provide evidence to support that pernicious claim, they owe IFA/IFI an apology (Weather reports say it’s still hot in hell, so…).

Resolution’s false allegation of bigotry

The term “bigot” refers to a person who is “obstinately or intolerantly devoted to his or her own opinions and prejudices, especially one who regards or treats the members of a group (as a racial or ethnic group) with hatred and intolerance.”

Clearly, there is a distinction between bigotry and moral views. Bigotry cannot simply refer to holding moral views, for if it did, everyone but sociopaths would have to be considered bigots because everyone but sociopaths holds certain behaviors as moral and others as immoral.

The word “obstinacy” in the definition of “bigot” warrants some discussion. First, “obstinate,” according to the American Heritage Dictionary, connotes “unreasonable rigidity.” I would argue that conservative views on, for example, homosexuality are completely reasonable, and that conversely, liberal views are woefully unreasonable.

In order to determine whether a tenaciously held conviction reflects obstinacy requires an evaluation of the content of the belief and the justifications for that belief. For example, few would characterize the act of tenaciously holding the belief that female genital mutilation is wrong to be a manifestation of obstinacy or bigotry.

Moreover, “obstinate” cannot be severed from the other parts of the definition. Bigotry is the obstinate devotion to uninformed inclinations, especially ones that result in hatred of members of a particular group.

The key phrase for distinguishing between bigotry and moral conscience is that a bigot’s opinions are “uninformed,” and the bigot “regards or treats the members of a group… with hatred and intolerance.” Certainly, there are those in society who demonstrate this kind of behavior, but true Christ-followers do not treat anyone with hatred.

I neither treat people who self-identify as homosexual with hatred or intolerance, nor do I feel any hatred for them. My beliefs about homosexual conduct in no way diminish the love I feel for those who self-identify as homosexual, the respect I have for their admirable qualities, the pleasure I take in their company, or the recognition I have of their infinite worth.

I would argue that the views of “progressives” on homosexuality are uninformed, while those of IFA/IFI employees are fully informed.

Tolerating, respecting, or loving people does not require affirming all their feelings, beliefs, or actions. Neither does it require withholding criticism of their beliefs or those actions impelled by their feelings and beliefs.

Resolution’s smelly red herring (or is it a non sequitur?)

The sponsors of the resolution dangle a big, fat, smelly red herring in front of Illinois lawmakers, apparently assuming they’re too foolish to tell the difference between relevant evidence and a big, fat, smelly red herring plumbed from the depths of the swamp where the sponsors live and move and have their being.

The sponsors cite as part of the justification for their resolution the 2004 murder of an unarmed Capitol guard by a  schizophrenic young man who had stopped taking his meds and was hearing “voices and thought members of an underground society in Eastern Europe were controlling him” at the time of the murder as part of the justification for the resolution falsely accusing IFI and IFA of “hate speech and threats.”

Say whaaat?

Let’s see if we can make sense of this: Fourteen years ago, a schizophrenic man who was off his meds murdered an unarmed Capitol guard, so there should be a “formal investigation” into IFA’s/IFI’s non-existent “hate speech and threats,” and our lobbyists’ credentials should be revoked pending the outcome of the investigation.

Nope, can’t do it. Still doesn’t make sense.

Resolution’s risible reference to the Southern Poverty Law Center

Now we come to the resolution sponsors’ appeal to the Southern Poverty Law Center (SPLC) as some sort of arbiter of moral authority. Yes, that SPLC—the infamous “hate-group” tracker/real hate group—the one embroiled in yet another ethics scandal, the one that makes beaucoup bucks off “progressives” by labelling as “hate groups” any organization that holds theologically orthodox views of sexuality.

In contrast to the aforementioned wholly irrelevant Capitol shooting, the SPLC’s fake hate-groups list has been the actual cause of a shooting. In 2012, Floyd Corkins showed up at the offices of the theologically orthodox Family Research Council, intent on killing the staff. He shot and wounded a security guard who was able to stop him. Corkins said he was inspired to commit acts of violence by the SPLC’s hate-groups list.

Just wondering, does hurling epithets at IFA/IFI employees, falsely accusing them of issuing threats and of being anti-Semitic, homophobic, hateful, and bigoted constitute hate speech? Might it result in violence against us?

Conclusion

It’s a routinely issued diktat that one must never compare the Holocaust or Nazism to, well, anything. I respectfully disagree. Not all analogies that include Nazism, the Holocaust, or Hitler constitute reductio ad Hitlerum fallacies. Some analogies are, as Joseph Morris asserts, accurate.

If we’re permitted to revisit ideas as settled by science and commonsense as women don’t have penises or men can’t become pregnant, surely, we can revisit the arguable claim that there are no points of correspondence between the slaughter of humans in the womb and the Holocaust. And if there are points of correspondence, then surely we can revisit the unwritten law of “progressives” that no one may point them out.

Maybe, just maybe, “progressives” want to censor the comparison of the feticidal holocaust to the Nazi Holocaust because they fear it’s true. What if God wants us to see the abortion holocaust as analogous to the Nazi Holocaust? What if it’s Satan who wants to blind our eyes to the similarities and silence our tongues from identifying them? What if those lawmakers and citizens who react in anger (or tactical faux-anger) are doing the bidding of the father of lies? And what if  conservatives who buckle when “progressives” hurl epithets at them are “now seeking the approval of man” rather than that of God?”

Joliet Diocese Bishop Daniel Conlon requested that all churches in the diocese play a recorded message from him in which he said in part,

The state of Illinois is currently facing a crisis far greater than anything economic. It is truly a matter of life and death. Legislation is being considered in the Illinois General Assembly that would permit abortion anytime during pregnancy; right up to the moment of natural birth all nine months…. I need your help in convincing our elected officials that this proposed legislation is just plain wrong…. Dietrich Bonhoeffer, a courageous critic of Nazism wrote, “Silence in the face of evil is itself evil. God will not hold us guiltless. Not to speak, is to speak.”

In the eyes of “progressives” in Springfield, is Bishop Conlon guilty of anti-Semitism and callous belittlement of the appalling tragedies of the Holocaust for his implied comparison of the abortion holocaust to the Holocaust? Will they add his name to the resolution condemning “hate speech”?

This unsubstantiated, malignant resolution constitutes a reprehensible abuse of power by morally corrupt lawmakers to silence speech. Every decent lawmaker, especially those who value the lives of the unborn and the First Amendment, should vote against it.

Take ACTION: Click HERE to contact your state senator and representative to ask them to reject this dangerous resolution. Ask them to vote down HJR 55 and the unprecedented and tyrannical action being taken by extreme partisans in the Illinois General Assembly.

Listen to this article read by Laurie:

https://staging.illinoisfamily.org/wp-content/uploads/2019/03/HJR55.mp3


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Be of Good Cheer About Brett Kavanaugh

In an email, conservative Chicago attorney Joseph A. Morris, former Assistant Attorney General of the United States, President and General Counsel of The Lincoln Legal Foundation, and frequent guest on WTTW’s “Chicago Tonight,” told IFI that he is “thrilled by the nomination of Brett Kavanaugh,” elaborating,

Brett Kavanaugh is smart, learned, and honorable. He is exactly what President Trump promised to nominate and appoint: An originalist in the tradition of the late Antonin Scalia. With his hundreds of finely written, rigorously-reasoned opinions as a judge of the Court of Appeals, Judge Kavanaugh’s jurisprudence is literally an open book. He will make one of the finest Supreme Court justices in history.

While “progressives” work fast and furious to do what they do best—that is, manipulate emotions—Mr. Morris works to quell nerves jangled by the paranoia of people untethered to reality, wisdom,  or the Constitution:

Although the work of judges is not, and should not be, political, the nomination, confirmation, and appointment of Federal judges are necessarily political acts.

Much wailing will be heard, and ink will be spilled, this summer, regarding President Trump’s asserted “politicization” of the judiciary. A few simple numerical facts about the current staffing of the higher levels of the Federal judiciary may help put things in perspective.

Staffing of the United States Supreme Court:

Appointed by Republican:  4

Appointed by Democrat:    4

Vacant:  1

Total:      9

Staffing of the United States Courts of Appeals:

First Circuit:

Appointed by Republican: 2

Appointed by Democrat: 4

Vacant: 0

Total: 6

 

Second Circuit:

Appointed by Republican: 4

Appointed by Democrat: 7

Vacant: 2

Total: 13

 

Third Circuit:

Appointed by Republican: 5

Appointed by Democrat: 7

Vacant: 2

Total: 14

 

Fourth Circuit:

Appointed by Republican: 4

Appointed by Democrat: 10

Vacant: 1

Total: 15

 

Fifth Circuit:

Appointed by Republican: 10

Appointed by Democrat: 5

Vacant: 2

Total: 17

 

Sixth Circuit:

Appointed by Republican: 11

Appointed by Democrat: 5

Vacant: 0

Total: 16

 

Seventh Circuit:

Appointed by Republican: 9

Appointed by Democrat: 2

Vacant: 0

Total: 11

 

Eighth Circuit:

Appointed by Republican: 10

Appointed by Democrat: 1

Vacant: 0

Total: 11

 

Ninth Circuit:

Appointed by Republican: 6

Appointed by Democrat: 16

Vacant: 7

Total: 29

 

Tenth Circuit:

Appointed by Republican: 5

Appointed by Democrat: 7

Vacant: 0

Total: 12

 

Eleventh Circuit:

Appointed by Republican: 5

Appointed by Democrat: 6

Vacant: 1

Total: 12

 

DC Circuit:

Appointed by Republican: 4

Appointed by Democrat: 7

Vacant: 0

Total: 11

 

Federal Circuit:

Appointed by Republican: 4

Appointed by Democrat: 8

Vacant: 0

Total: 12

 

Mr. Morris is far from alone in his assessment of Judge Kavanaugh. All across the country, voices of support for Kavanaugh’s nomination are sounding. American Center for Law and Justice’s Jay Sekulow wrote,

The nomination of Judge Kavanaugh to fill the vacancy created with the retirement of Justice Anthony Kennedy is a superb choice who is certain to serve this nation well. Judge Kavanaugh is a brilliant jurist who embraces the philosophy of our Founders—an unwavering commitment to the rule of law and the Constitution.

The Thomas More Society released a statement, saying in part,

The Thomas More Society applauds President Donald J. Trump’s nomination of Judge Brett Kavanaugh to the Supreme Court of the United States…. “We are excited to see the President nominate a great human being who is one of the finest legal minds of our time. Judge Brett Kavanaugh has a proven track record of judging fairly, always applying the Constitution and our laws as they are written. We look forward to his confirmation and anticipate that he will distinguish himself in his time on the high court.”

U.S. Senator Ted Cruz (R-Texas) wrote,

“By any measure, Judge Kavanaugh is one of the most respected federal judges in the country and I look forward to supporting his nomination to the Supreme Court of the United States. For over a decade, Judge Kavanaugh has served on the U.S. Court of Appeals for the D.C. Circuit, often referred to as the second highest court in the land. He has over 300 published opinions, with a strong record of defending the Second Amendment, safeguarding the separation of powers, reining in the unchecked power of federal agencies, and preserving our precious religious liberties.

Even National Review’s David French, who was an impassioned proponent of Amy Coney Barrett, said, “Kavanaugh will be an excellent judge.”

Be of good, cheer, friends. This is most definitely not a terrible, horrible, no good, very bad day. Thanks to President Donald J. Trump and his crack team of experts, it’s quite the opposite.

Listen to this article read by Laurie:

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Constitution Week at York, Waubonsie, and Downers Grove North High Schools

September 17 marks the beginning of Constitution Week, a commemoration of the adoption of the U.S. Constitution in 1787. Three area high schools are celebrating this historic occasion by inviting atheist teenager Jessica Ahlquist to speak to students in American government and history classes about her successful lawsuit against her high school. Last year, she successfully sued her Rhode Island high school to force it to remove a banner on which a prayer was printed. The prayer was written by a 7th grade student, placed on the banner, and presented as a gift to the school 49 years ago.

The three schools that have invited Ahlquist to speak and are reportedly each paying Ahlquist a $400 honorarium are York, Waubonsie Valley, and Downers Grove North. Additionally, students from Metea Valley will be bussed to one of the three schools for her presentation.

York and Waubonsie Valley high schools sent out permission slips to parents, permission slips that failed to include any information whatsoever about Jessica Ahlquist, the specifics of her lawsuit, or any details regarding the topics she would be addressing or the learning objectives her presentation is intended to fulfill.

When asked about Ahlquist’s presentation, York High School Social Science Division Chair Charles Ovando said this:

One goal of these efforts is to provide students with an opportunity to learn about relevant, modern-day issues surrounding the Constitution that they can more readily engage with because they are talked about by the very people who are at the heart of these cases. Another key goal is to promote critical thinking about these issues and to help students develop an appreciation for the complexities inherent in interpreting the Constitution. (emphasis mine)

When asked about Ahlquist’s presentation, Waubonsie Valley Social Studies Department Chair Lorie Cristofaro stated that “the purpose of the optional presentation is so that students may see that the US Constitution, which is the foundational document for our country’s government, is still relevant today.”

But when I contacted the Citizen Advocacy Center who invited Ahlquist, paid for her flights and hotel, and offered her to these three schools, I was told that since Ahlquist is only 17 years old, “she won’t be able to speak articulately on the First Amendment issues” but rather that she would be talking about advocating for an issue about which she cares deeply and about being bullied.

Since there was no mention of bullying in the permission slip to parents or by administrators at either York or Waubonsie Valley, will they ensure that Ahlquist restricts her presentation to constitutional issues and that she not discuss bullying? Of course, bullying is an important issue but unrelated to the constitutional issues about which Ahlquist was ostensibly invited to talk.

In public statements, Ahlquist has explained what issues she cares deeply about:

I would definitely say that being an atheist is a big part of my identity, mostly because I’m an activist….I wouldn’t say that I go shoving atheism down anyone else’s throat. I just feel passionate about activism and specifically activism for atheism.

Ahlquist’s public statements seem to bear out what the Citizen Advocacy spokesperson shared with me about her inability to speak articulately about First Amendment issues. Ahlquist said this about the banner she opposed:

It seemed like it was saying, every time I saw it, ‘You don’t belong here.’  

Here is the prayer that “seemed” to be telling Ahlquist that she didn’t belong in the auditorium—or the school; I’m not sure which:

Our Heavenly Father.

Grant us each day the desire to do our best.
To grow mentally and morally as well as physically.
To be kind and helpful to our classmates and teachers.
To be honest with ourselves as well as with others.
Help us to be good sports and smile when we lose as well as when we win.
Teach us the value of true friendship.
Help us always to conduct ourselves so as to bring credit to Cranston High School West.

Amen.

—School Prayer, Cranston High School West

After the court decision, Ahlquist tweeted:

*[Jessica] Is dancing her brains out and annoying her family*

and

And the prayer falls ; ) *dance*

and to her Twitter pal, the ubiquitous “Friendly Atheist,” Neuqua Valley High School math teacher Hemant Mehta, she tweeted:

            we WON. As in lawsuity goodness!

Surely our educational establishments can find more substantive speakers to enlighten our students on constitutional issues.

A few brief words about liberals’ obsessive exploitation of bullying:

Ahlquist reportedly has been on the receiving end of vicious verbal attacks and threats. Although I don’t believe Jessica Ahlquist should be addressing bullying in a presentation that is being promoted as a presentation on constitutional issues, I do believe that the way she has been treated by some in her community is reprehensible. If we hope to have a civil society in which diverse people can exercise their First Amendment rights, we must stand firm against abusive words and actions, particularly when the victims are young people.

That said, conservatives need to better understand how “progressives” (or more accurately, “transgressives”) cynically exploit the issue of bullying to promote their causes and ideologies. By demagogically exploiting real victims of bullying, transgressives manipulate non-rational, emotional psychological processes.

This is how it works:

When teenagers (and even adults) hear the painful stories of those who have been mistreated, most will feel sympathy and a desire to alleviate their suffering—or at minimum, a desire not to exacerbate their suffering. Those who hear these stories of mistreatment do not distinguish between the bad feelings that result from real mistreatment and the bad feelings we experience when we encounter disagreement. Since both bullying and disagreement result in bad feelings, students often fail to distinguish between the two. The goal of transgressive activists and teachers who see themselves as “agents of change” is to make students feel as if their philosophical disagreement with ideas is tantamount to bullying people.

So, if Jessica Ahlquist were to tell students about being bullied, students would be less inclined to increase her suffering by expressing their disagreement with her atheism or her political cause. This ploy is most often used in public schools in the effort to silence expressions of disapproval of homosexuality.

During Constitution Week, there is no need to import a teenager who according to the sponsors of the event itself is unable to adequately discuss constitutional issues, particularly when Illinois has an abundance of scholars who can expertly discuss “modern-day” constitutional issues. I might suggest that next year, social studies teachers from York, Waubonsie Valley, and Downers Grove North high schools invite Joseph A. Morris or someone from the Thomas More Society, all from right here in Illinois.

Take ACTION:  If you object to the invitation of Jessica Ahlquist or the inadequacy of the permission slips sent to parents, please click HERE to express your views respectfully to the administration and school board members of York, Waubonsie Valley, Downers Grove North, and Metea Valley high schools, and forward this article to friends and family who live in those communities.


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