The Institute for Justice’s Michael Bindas on the SCOTUS, Carson v. Makin, & Expanding School Choice

Share on Facebook
Share on Twitter
Share on
LinkedIn
+

This week on “The Learning Curve,” co-hosts Cara Candal and Gerard Robinson talk with Michael Bindas, a senior attorney with the Institute for Justice (IJ). They discuss IJ’s 2020 landmark U.S. Supreme Court win in Espinoza v. Montana Department of Revenue, and its implications for state Blaine Amendments, bigoted legal barriers that have blocked religious liberty and school choice for over a century. They delve into the current legal and political status of school choice in America, at a time of unprecedented support for education savings account, education tax credit, and voucher programs. As lead counsel for the plaintiffs in the Maine school tuitioning case, Carson v. Makin, recently granted certiorari by the U.S. Supreme Court, he explains the central issues, and what another major victory could mean for religious school parents. They then turn to higher education, and Michael offers thoughts on why access to religiously-affiliated primary and secondary schooling is still viewed so differently than students attending religiously-affiliated colleges and universities through state and federal grant and loan programs.

Stories of the Week: EdWeek reports that school board meetings across the country have become increasingly rancorous as a result of growing partisanship, the lack of local news coverage, and social media – to the detriment of students’ academic success. The U.S. Department of Education announced the expansion of the Second Chance Pell program, allowing up to 200 colleges to provide prison education programs for those who have previously been unable to access federal need-based financial aid.

Guest:
Michael Bindas is a senior attorney with the Institute for Justice (IJ) and leads IJ’s educational choice team. He was part of IJ’s litigation team in Espinoza v. Montana Department of Revenue, in which the U.S. Supreme Court held the exclusion of religious options from Montana’s educational choice program unconstitutional, and he is currently IJ’s lead attorney in Carson v. Makin, challenging Maine’s exclusion of religious options from its town tuitioning program. Prior to joining IJ in 2005, Michael spent three years as an attorney with Perkins Coie. He is a former law clerk to Judge Rhesa Hawkins Barksdale of the U.S. Court of Appeals for the Fifth Circuit and served as an engineer officer in the United States Army and Pennsylvania Army National Guard before beginning his legal career. He received his undergraduate degree from the United States Military Academy and his law degree from the University of Pennsylvania.

The next episode will air on Wednesday, August 11th, 2021 at 12 pm ET with guest, Kristina Arriaga, president of Intrinsic, a strategic communications firm. She is a former vice chair of the U.S. Commission on International Religious Freedom.

Tweet of the Week:

News Links:

U.S. Department of Education Announces It Will Expand the Second Chance Pell Experiment for the 2022-2023 Award Year 

https://www.ed.gov/news/press-releases/us-department-education-announces-it-will-expand-second-chance-pell-experiment-2022-2023-award-year

Why School Boards Are Now Hot Spots for Nasty Politics

https://www.edweek.org/leadership/why-school-boards-are-now-hot-spots-for-nasty-politics/2021/07

Get new episodes of The Learning Curve in your inbox!

Recent Posts

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.

Kelly Smith, Prenda CEO, on Microschooling & the Future of K-12 Learning

/
This week on “The Learning Curve,” Cara and Gerard are joined by Kelly Smith, founder and CEO of Prenda, a company that helps create flexible learning environments known as microschools. Often described as the “reinvention of the one-room school house,” microschools combine homeschooling, online education, smaller class sizes, mixed age-level groupings, flipped classrooms, and personalized learning.

U-Ark Prof. Jay Greene & EdChoice’s Jason Bedrick on Yeshivas vs. New York & Religious Liberty

/
This week on “The Learning Curve,” Cara and Gerard are joined by Jay Greene, the Distinguished Professor and Chair of the Department of Education Reform at the University of Arkansas, and Jason Bedrick, the Director of Policy for EdChoice. They discuss their timely new book, Religious Liberty and Education: A Case Study of Yeshivas vs. New York, about the recent battle between Orthodox Jewish private schools and New York's state government over the content of instruction.

Michelle Rhee, Former Chancellor, D.C. Public Schools, on Leading Urban District Reform & the COVID-19 Moment

/
This week on “The Learning Curve,” Cara and guest co-host Kerry McDonald are joined by Michelle Rhee, founder and former CEO of StudentsFirst and prior to that, former chancellor of the District of Columbia Public Schools (DCPS). 

Award-Winning Author Devery Anderson on the 65th Anniversary of the Murder of Emmett Till

/
This week on “The Learning Curve,” Cara and Gerard are joined by Devery Anderson, the author of Emmett Till: The Murder That Shocked the World and Propelled the Civil Rights Movement. Today, August 28th, marks the 65th anniversary of the brutal murder of 14-year old Emmett Till, a story which is central to understanding America's ongoing struggle for civil rights and racial justice.