Dick Komer on Espinoza v. Montana & the Bigoted Legacy of Blaine Amendments

Share on Facebook
Share on Twitter
Share on
LinkedIn
+

On this episode of “The Learning Curve,” Bob & Cara are joined by Dick Komer, Senior Attorney with the Institute for Justice. Komer led the oral argument this week before the U.S. Supreme Court on behalf of the plaintiffs in the high-profile school choice case, Espinoza v. Montana Department of Revenue. They review the details of the Montana case and the nativist history of the Blaine amendments that remain in nearly 40 states. Komer also compares Espinoza with the recent Trinity Lutheran case, shares his take on the justices’ thinking and the outlook for success, as well as the political challenges that persist even if the plaintiffs prevail.

Stories of the Week: In Tennessee, a contentious new education savings account program for students from low-performing districts is attracting nearly 60 participating private schools. Alaska is considering consolidating 54 school districts into 18 – will this erode communities, or bring about long-overdue cost savings? West Chester, Pennsylvania is using a new online learning program to win back students who left the district for charter-run cyber schools.

Newsmaker Interview:

Richard “Dick” Komer serves as a senior attorney at the Institute for Justice. He litigates school choice cases in both federal and state courts. He is IJ’s resident expert on state Blaine Amendments. Prior to his work at the Institute, Dick worked as a career civil rights lawyer for the federal government, working at the Departments of Education and Justice, as well as at the Equal Employment Opportunity Commission. He ended his government employment as Deputy Assistant Secretary for Civil Rights at the Department of Education. He received his law degree from the University of Virginia in 1978 and his B.A. from Harvard College in 1974.

Commentary of the Week
Thomas B. Fordham Institute: “Espinoza and the myth of values-neutral schooling

Tweet of the Week

Next episode: The next episode will air on January 31st, with guest, Susan Wise Bauer, a homeschool mom, English instructor of writing and American literature at The College of William and Mary, and author of the best-selling book, The Well-Trained Mind: A Guide to Classical Education at Home.

Newslinks:

Receive Our Updates!


Related Posts

AZ Supreme Court Justice Clint Bolick on National School Choice Week

/
This week on “The Learning Curve," Cara and Gerard kick off National School Choice Week with Arizona Supreme Court Justice Clint Bolick, co-author with Kate Hardiman of a new book, Unshackled: Freeing America’s K–12 Education System. Justice Bolick shares his experiences serving on a state supreme court, and how it has shaped his understanding of America’s legal system.

Pulitzer Winner Taylor Branch on MLK, Civil Rights History, & Race in America

/
This week on “The Learning Curve," Cara and Gerard are joined by Taylor Branch, Pulitzer Prize-winning author of a landmark trilogy on the Civil Rights era, America in the King Years. They discuss the life and legacy of the Rev. Dr. Martin Luther King, whose birthday the nation observed on Monday. They review Dr. King’s powerful, moving oratory, drawing on spiritual and civic ideals to promote nonviolent protest against racial injustice, and how, as head of the Southern Christian Leadership Conference, he shared leadership of the movement with organizations such as the Student Nonviolent Coordinating Committee.

Ignat Solzhenitsyn on His Father’s Nobel Prize-Winning Fight with Communism

/
This week on “The Learning Curve," Cara and Gerard talk with Ignat Solzhenitsyn, a pianist, conductor laureate of the Chamber Orchestra of Philadelphia, principal guest conductor of the Moscow Symphony Orchestra, and son of the Nobel Prize-winning Russian writer Aleksandr Solzhenitsyn. They discuss his father’s legacy, his courageous work to debunk the Soviet Union’s utopian myths, and key lessons American educators and students should draw from his life, writings, and battle with Soviet communism.

Eva Moskowitz of Success Academy on Charter Schools, Achievement Gaps, & COVID-19 Learning Loss

/
This week on “The Learning Curve," Cara and Gerard kick off the new year with Eva Moskowitz, CEO & Founder of Success Academy Charter Schools, a network of 47 schools enrolling 20,000 K-12 students in New York City. Eva shares her own education path, and how it influences her leadership and philosophy.

USED Asst. Sec. Jim Blew Talks Sec. DeVos, School Choice, & K-12 Politics

/
This week on “The Learning Curve,” Cara and Gerard are joined by Jim Blew, the assistant secretary for planning, evaluation, and policy development at the U.S. Department of Education. Assistant Secretary Blew shares lessons from leading and implementing K-12 public education reform efforts in often contentious policy environments, and the unique challenges of the current partisanship and gridlock in Washington, D.C.

Oxford & UCLA Pulitzer Winner Prof. Daniel Walker Howe on Horace Mann, Common Schools, & Educating for Democracy

/
This week on “The Learning Curve,” Cara and Gerard are joined by Daniel Walker Howe, Rhodes Professor of American History Emeritus at Oxford University in England and Professor of History Emeritus at UCLA. Drawing from his Pulitzer Prize-winning book, What Hath God Wrought: The Transformation of America, 1815-1848, he provides background information on Horace Mann, the first secretary of the Massachusetts State Board of Education, founder of the common school movement in public education, and a prominent abolitionist in Congress.

Stanford’s Prof. Caroline Hoxby on Charter Schools, K-12 Ed Reform, & Global Competitiveness

/
This week on “The Learning Curve,” Cara and Gerard are joined by Caroline Hoxby, the Scott and Donya Bommer Professor of Economics at Stanford University and a Senior Fellow of the Hoover Institution.

SABIS® President Carl Bistany on International Education, Charter Public Schools, & At-Risk Students

/
This week on “The Learning Curve,” Cara and Gerard are joined by Carl Bistany, the president of SABIS® Educational Systems, an education company founded over 130 years ago that serves young women in the Middle East, and poor and minority students in the U.S.

UConn’s Prof. Wayne Franklin on James Fenimore Cooper, The Last of the Mohicans, & American Democracy

/
This week on “The Learning Curve,” Cara and Gerard are joined by Wayne Franklin, professor of English at the University of Connecticut and definitive biographer of the American literary figure James Fenimore Cooper. As we celebrate Native American Heritage Month, Prof. Franklin reviews Cooper's background and major works, especially the "Leatherstocking Tales," including The Last of the Mohicans, which are distinguished for their enlightened and sympathetic portrayal of the disappearing tribes.

Wall Street Journal Columnist Jason Riley on the 2020 Election, School Choice, & Race in America

/
This week on “The Learning Curve,” Cara and Gerard are joined by Jason Riley, a senior fellow at the Manhattan Institute and columnist for The Wall Street Journal. Jason shares insights on the 2020 election, its implications for the next two years, and assuming Vice President Biden becomes president, how he may govern on K-12 education.

Nationally Recognized Author Tara Ross on the Importance of the Electoral College

This week on “The Learning Curve,” Cara and Gerard are joined by Tara Ross, the nationally recognized author of Why We Need the Electoral College. On the eve of the 2020 election, they discuss the critical and controversial role of the Electoral College in determining which candidate will become the next President of the United States.

Pulitzer-Winning Author Stacy Schiff on the Salem Witch Trials

In our special Halloween edition of “The Learning Curve,” Cara and Gerard are joined by Pulitzer-Prize winner Stacy Schiff, whose most recent book is The Witches: Salem, 1692. They discuss why, in Schiff’s view, the Salem witch trials are the “the best known, least understood chapter” of American history, and why the trials, false charges, and finger pointing, remain relevant today in our Internet culture.

LSU’s Prof. Andrew Burstein on Washington Irving, the Headless Horseman, & the Presidency

/
This week on “The Learning Curve,” Cara and Gerard are joined by Andrew Burstein, the Charles P. Manship Professor of History at Louisiana State University, and author of The Original Knickerbocker: The Life of Washington Irving, and with Nancy Isenberg, The Problem of Democracy: The Presidents Adams Confront the Cult of Personality.

NCTQ’s Kate Walsh on the Crisis in K-12 Teacher Prep, Quality, & Evaluation

/
This week on “The Learning Curve,” Cara and Gerard are joined by Kate Walsh, president of the National Council on Teacher Quality. They discuss the qualifications of those who enter the teaching profession, explore teacher preparation, and key differences between teacher preparation, accreditation, and job prospects in the U.S. and other countries. They also speculate about what a Biden presidency might mean for K-12 education policymaking, and discuss how to diversify the teaching pipeline.

Cheryl Brown Henderson, Daughter of Lead Plaintiff in Brown v. Board of Ed., on Race & Schooling

/
This week on “The Learning Curve,” Cara and Gerard are joined by Cheryl Brown Henderson, president of the Brown Foundation for Educational Equity, Excellence, and Research. She shares her experience as the daughter of the lead plaintiff in the landmark U.S. Supreme Court case, Brown v. Board of Education of Topeka, Kansas, and thoughts on how the historic decision contributed to advancing civil rights in our country.

Harvard PEPG’s Prof. Paul Peterson on Charter Schools, Digital Learning, & Ed Next Polling

This week on “The Learning Curve,” Cara and Gerard are joined by Paul Peterson, the Henry Lee Shattuck Professor of Government and Director of the Program on Education Policy and Governance at Harvard University.

Award-Winning Writer Brenda Wineapple on the 170th Anniv. of The Scarlet Letter & Pres. Andrew Johnson’s Impeachment

/
This week on “The Learning Curve,” Cara and Gerard are joined by Brenda Wineapple, author of the award-winning Hawthorne: A Life and The Impeachers: The Trial of Andrew Johnson and the Dream of a Just Nation. They discuss her definitive biography of Nathaniel Hawthorne and the 170th anniversary of the publication of his classic novel, The Scarlet Letter.

International Best-Seller Dr. Jung Chang On Wild Swans, Mao’s Tyranny, & Modern China

/
This week on “The Learning Curve,” Cara and Gerard are joined by Dr. Jung Chang, author of the best-selling books Wild Swans: Three Daughters of China; Mao: The Unknown Story; and Big Sister, Little Sister, Red Sister: Three Women at the Heart of Twentieth-Century China.