Tag: bobby jindal

New Front Opening in Core War

Reports are out this morning that Louisiana will be challenging in court federal coercion behind the Common Core standards. If so, it will open a new front in the war against the Core, a standardization effort that has been listing badly in public opinion, but nonetheless survives in the vast majority of states. That could very well change should the force of Race to the Top funding or, more importantly today, waivers from the No Child Left Behind Act, be eliminated by the courts, as Core supporters likely knew when they asked for federal pressure.

Does this suit have a chance of success? I’m not a lawyer – though I’ll be consulting a few! – so this is not the best-informed legal analysis. From what I do know, though, the chances of prevailing are middling, at best. The courts in the past have been pretty lenient in cases in which Washington gets states to do its bidding in exchange for funding when the feds don’t have authority in the Constitution to do something. And the Louisiana suit hinges largely on federal action that seems very intentionally to push the Core – standards “common to a majority of states” under RTTT, and only one other standards option to get a waiver – but that doesn’t state outright that the Core must be adopted. That way the feds can say they aren’t prescribing a specific “program of instruction,” which would clearly violate the letter of several education laws, while in reality very much requiring such a program.

Sadly, one major diversion likely to be employed by Core opponents to battle this suit is impugning Governor Bobby Jindal’s motives. Since Jindal first reversed course on the Core, supporters of the standards have said his stance is all about presidential aspirations and not about what’s best for kids. Those may well be his motives, I don’t know. But as with all aspects of the Core debate, we should focus on the merits of the arguments being employed, not the motives for offering them. (This goes for opponents who attack people like Bill Gates, too.) We should look at the merits of the lawsuit, which requires an honest assessment of both the Constitution and federal education statutes, just as we should look at the research on national standards, the content of the Core, and the reality of how so many states adopted standards that are now heavily disliked.

Do those things, and I think the Core loses hands down. Ignore them completely, and everyone loses.

Holder’s DOJ Wants a Veto over Parents’ Choice of School

Though the U.S. Department of Justice partially backed down on its lawsuit against Louisiana’s school choice program in November, yesterday the DOJ filed its proposal to oversee the program. The program provides school vouchers to low-income families with children otherwise assigned to failing government schools. Among many proposed regulations, the DOJ wants the state of Louisiana to give the federal government the following information about each school choice applicant: 

1. Name

2. Student ID number

3. Address

4. Grade

5. Race

6. School applicant attends in current school year, if any

7. Louisiana School Performance Score (letter grade) for school in (6), above, if applicable

8. Public school district of the school in (6), if applicable

9. District public school applicant would be assigned to attend for the upcoming school year if applicant does not receive a voucher

10. Louisiana School Performance Score (letter grade) for school in (9), above

11. Student enrollment in the school in (9), above, for the current school year, by race

ObamaCare Implementation: What Rivkin Said, and Why

A couple of people have asked me about a comment David Rivkin made at Cato’s recent conference on the first anniversary of ObamaCare.

Rivkin is representing the 26 states suing to overturn ObamaCare in Florida v. HHS, the case in which a federal judge declared ObamaCare unconstitutional and void. In his most recent ruling in that case, Judge Roger Vinson allowed the Obama administration to keep implementing and enforcing the law, in part because the fact that most of the plaintiff states are also implementing the law “undercut” their request that he stop the Obama administration from doing so.  I (and others) have been urging states to follow the lead of Republican governors Rick Scott (FL), Sean Parnell (AK), and Bobby Jindal (LA) by refusing and returning all Obama funds and refusing to implement any type of health insurance “Exchange.”

According to Politico, when asked about the impact of states implementing the law, Rivkin said:

The decision to take money or not take money is a quintessentially political decision that does not impede legal claims… If a given state wants to continue complying with Obamacare and receiving money, that’s not impairing our ability to challenge the law.

Consider that answer in context.  Rivkin is representing 26 states, and as their attorney he has a duty to them.  Asking him if plaintiff states implementing ObamaCare are undermining the lawsuit is basically to ask, “Aren’t 23 of your clients making your job harder?”  What should he have said?  Yes?  Of course not.  As a good lawyer should, he responded that those states are doing nothing to inhibit his ability to litigate the case.  He said nothing about whether those states’ actions could affect the outcome of his case (which they might), nor the likelihood that the law will be repealed (which they obviously do).  On those questions, he’s the wrong guy to ask.

At First Anniversary, ObamaCare on the Run

One year ago today, President Barack Obama signed ObamaCare into law. I recap ObamaCare’s first year in my latest Kaiser Health News column. Here’s some additional news surrounding the law’s anniversary.

Politico reports that supporters won’t have the vast war chest to defend the law that they once said they would:

Democrats are under siege as they mark the first anniversary of health care reform Wednesday — and they won’t get much help from the star-studded, $125 million support group they were once promised…[N]ine months later, the Health Information Campaign has all but disappeared. Its website hasn’t been updated since the end of last year. Its executive director and communications director are gone. There’s no sign that it has any money. And neither [former senator Tom] Daschle nor [former White House Communications Director Anita] Dunn will return calls asking about it.

Politico also reports on what everyone knows, but few reporters seem willing to say.  ObamaCare is unpopular, and growing more so:

Although Democrats insisted that the [law] would become more popular once the congressional debate ended and the benefits started to kick in, the reverse has actually happened. According to a Kaiser Health Tracking poll released Friday, 46 percent of the public opposes the law, up from 40 percent a year ago. Only 42 percent support the law, down from 46 percent a year ago.

Finally, Politico (again) reports that yet another governor – Louisiana’s Bobby Jindal (R) – has refused to implement ObamaCare:

The Louisiana governor’s office gave PULSE the first definitive answer on whether it would run its own health exchange, and it took them only two letters: no. “Obamacare is a terrible policy that needs to be repealed and replaced,” Gov. Bobby Jindal’s press secretary Kyle Plotkin tells PULSE. “It creates enormous new costs and future unfunded liabilities for states financing their Medicaid programs.” That puts him in a similar camp with Florida Gov. Rick Scott, who recently told us that Florida is “not doing anything with regards to the exchange, I don’t believe in the exchange. It doesn’t do anything to improve access to care. It does nothing to drive down health care costs.”

It’s worth emphasizing that Scott and Jindal probably know more about health care than the other 48 governors.

Fiscal Report Card on the Governors

We released Cato’s report card on the fiscal policies of the governors today. We calculated data on the taxing and spending habits of 45 of the nation’s 50 governors, between 2008 to August 2010.

The governors are scored from 0 to 100 on seven separate taxing and spending variables. The scores are aggregated and converted to letter grades, A to F.

Four governors earned an “A” this year: Tim Pawlenty of Minnesota, Bobby Jindal of Louisiana, Mark Sanford of South Carolina, and Joe Manchin of West Virginia. You can read the report to find out what these governors did right from our limited-government point of view.

As it turns out, the residents of these four states seem to like the fiscal stance of their winning governors, who favor tax cuts and spending restraint.

Pawlenty has a 52 percent approval rating in quite a liberal state.

Jindal has a 74 percent approval rating.

Manchin has a 69 percent approval rating.

Sanford has a 55 percent approval rating, despite the troubles in his personal life.

Governors shouldn’t just focus on being popular in a superficial sense. These polls tell us that governors who focus on cutting taxes and spending in an honest and intelligent way will be supported by the people.

Who Wants to Make Sarah Palin the Leader of the Republican Party?

Could it be the Washington Post? Bannered across the top of the Post’s op-ed page today is a piece titled “Copenhagen’s political science,” titularly authored by Sarah Palin. I’m delighted to see the Post publishing an op-ed critical of the questionable science behind the Copenhagen conference and the demands for massive regulations to deal with “climate change.”

But Sarah Palin? Of all the experts and political leaders a great newspaper might call on for a critical look at the science behind global warming, Sarah Palin?

What’s even more interesting is that the Post also ran an op-ed by Palin in July. But during this entire year, the Post has not run any op-eds by such credible and accomplished Republicans as Gov. Mitch Daniels; former governors Mitt Romney or Gary Johnson; Sen. John Thune; or indeed former governor Mike Huckabee, who might be Palin’s chief rival for the social-conservative vote. You might almost think the Post wanted Palin to be seen as a leader of Republicans.

I should note that during the past year the Post has run one op-ed each from John McCain, Bobby Jindal, Newt Gingrich, and Tim Pawlenty. (And for people who don’t read well, I should note that when I call the people above “credible and accomplished,” that’s not an endorsement for any political office.) Still, it’s the rare political leader who gets two Post op-eds in six months, and rarer still the Post op-eds by ex-governors who can’t name a newspaper that they read.