Colorado Court Halts School Voucher Program
Last Friday, a Colorado District Court halted the new and unique Douglas County school voucher program with a permanent injunction. School choice legislation is a little like the Field of Dreams: pass it, and they will sue–and we all know who “they” are. So there’s a tendency to dismiss legal setbacks for the choice movement as purely the result of self-serving monopolists exploiting bad laws or partisan, activist judges. There are certainly cases that fall into that category, but this Colorado ruling isn’t one of them.
Oh, the self-serving monopolists and opponents of educational freedom are no doubt cheering it, but the ruling does not read like the work of a rube or an ideologue, and not all of the state constitutional provisions on which it was based can be dismissed as outdated examples of religious bigotry. The state’s “compelled support” clause, in particular, seems to uphold a fundamentally American idea: that it is wrong to coerce people to pay for the propagation of ideas that they disbelieve. Thomas Jefferson, in his Virginia Declaration of Religious Freedom, called this: “tyranny.”
Obviously, conventional public schools have been a source of such coercion for a very long time–everyone has to pay for the public schools, despite profound objections they may have to the way those schools teach history, literature, government, biology, or sex education. That’s why we’ve had “school wars” as long as we’ve had government schools. And obviously vouchers offer the advantage of giving parents a much wider range of educational options for their children than do the one-size-fits few public schools. But despite this advantage, vouchers require all taxpayers to fund every kind of schooling, including types of instruction that might violate some taxpayers’ most deeply held convictions. That’s a recipe for continued social conflict over what is taught.
If there were no alternative to vouchers for providing school choice, perhaps it would make sense to have a debate over which freedoms should take precedence: the freedom of choice of families or the freedom of conscience of taxpayers–and then to sacrifice whichever one was deemed less worthy. But there is an alternative, and it does not require anyone to be compelled to support any particular type of instruction. I discuss this alternative, education tax credits, in a recent Huffington Post op-ed.
Aetna Exits Colorado’s Individual Market
According to the Denver Business Journal:
A spokeswoman for Aetna confirmed Monday that the insurer will no longer sell new individual-market health insurance policies in Colorado and will terminate current policies held by state residents no later than July 31, 2012.
Aetna had already announced that it will no longer sell child-only coverage or small-group coverage in the state. Colorado is one of 34 states where insurers fled the market for child-only coverage as a result of ObamaCare. Colorado took steps to try to stabilize its child-only market, and is considering requiring insurers to sell child-only coverage as a condition of selling coverage directly to adults.
Aetna isn’t commenting on whether ObamaCare played a role in its decision. Aetna customers will have to switch plans by July 31, 2012.
Remarkable Interest in School Choice in Colorado?
In Douglas County, CO, a jurisdiction with 240,000 residents south of Denver, there is strong public interest in the possible implementation of a sweeping school choice program. Here’s a blurb from the Denver Post:
Douglas County School District officials say an unexpected level of interest in a retreat exploring school choice today and Saturday is forcing them to add an overflow room and a video feed to allow the public to watch the discussion. The school board is investigating a voucher program that would allow students to use public money to help with tuition at approved religious schools and other private ones. The two-day retreat will discuss the findings of a school-choice task force that has been mulling several issues, including vouchers.
…The board will officially discuss the school-choice recommendations at a meeting Tuesday night, during which the public will be allowed to comment. No Colorado school district has a voucher program.
Here’s a link to the full proposal. I’m told that parents will have a voucher for about $4,500 per child that can be used to finance tuition at any qualifying school. This is more than enough money to cover costs at most non-government schools, and the population is sufficiently large to make this program a dramatic test case.
Keep your fingers crossed that Douglas County officials resist special-interest groups that are seeking to thwart this reform. The teacher unions have been vicious in their efforts to stop this kind of development. If Douglas County succeeds in putting kids first, this could break the logjam and lead to better education policy across the nation.
Think Tanks Should Be Able to Opine on Public Policy Without Running Afoul of Campaign Finance Regulations
In 2005, political opponents filed a complaint against the Independence Institute for not complying with the Colorado constitution and other campaign finance regulations when it spoke against a state ballot initiative. These regulations require, among other things, disclosure of the identity of anyone who has donated more than $20 to a cause and imposes registration and contribution limits on groups who have major interests in ballot issues.
The Independence Institute challenged the constitutionality of Colorado’s state ballot issue requirements and the issue is petitioning the Supreme Court for certiorari in Independence Institute v. Buescher. Cato has filed an amicus brief, in cooperation with Wyoming Liberty Group, the Center for Competitive Politics, the Sam Adams Alliance, the Montana Policy Institute, and the Goldwater Institute in support of the Independence Institute. We argue that Colorado’s ballot campaign regulations run roughshod over constitutional protections for political speech and association, which lie at the very heart of the First Amendment—particularly for think tanks and other organizations that regularly comment on public policy matters. Loss of these First Amendment protections will chill think tanks’ future attempts to educate the public about issues that are the subject of ballot campaigns. The Court should thus review this case and ensure that citizens maintain their associational rights—including the right to remain anonymous when donating to non-profits—and associations their freedom of expression.
You can download the entire brief here. A special thanks to Cato Legal Associate Travis Cushman for his assistance on this brief.
Three Worthwhile Health Care Videos
The first comes from the group Patients United Now. Keep this video in mind the next time you hear someone say that a new “public option” is not about a government takeover of the health care sector.
The next video comes from the Independence Institute in Colorado. It is a nice complement to my colleague Michael Tanner’s recent study, “Massachusetts Miracle or Massachusetts Miserable: What the Failure of the ‘Massachusetts Model’ Tells Us about Health Care Reform.”
Finally, a really disturbing video showing Christina Romer, chair of President Obama’s Council of Economic Advisors, refusing to admit to a congressman that the president’s reform plan would oust Americans from their current health plans.
It’s a shame what politics does to really smart people.
“If I Had ONLY a Gun”
ABC’s 20/20 did a hit piece on the Second Amendment and armed citizens on Friday night. The show responded to the growing sentiment that “if I only had a gun,” maybe an armed citizen could make a difference in a spree shooting such as the incidents at Virginia Tech and Northern Illinois University. In reality, it ought to be called “if I had ONLY a gun.” Picking people without concealed carry permits to represent the armed citizen and rigging the scenario to ensure that they don’t defeat your narrative is propaganda, not journalism.
Several college students are selected to represent the “armed student” hypothetical, given some marksmanship training, and armed with training guns that shoot paint bullets. The firearms instructor who trained them plays spree shooter and storms the room. All of the students are hit before they can effectively engage the mock spree shooter.
The show handicaps this scenario in favor of the attacker in several ways. First, none of the students selected are actual concealed handgun permit holders who carry daily and practice regularly. Those with more experience get it from shooting Airsoft guns or from a form of shooting that does not involve drawing from concealment. The poor performance of the students in hitting the attacker is supposedly explained by the lack of law enforcement firearms training.
The simulation is too narrowly construed to show the full impact of an armed response. First, the experiment is limited to one armed student in the first classroom that the spree shooter hits. At Virginia Tech, the spree shooter entered several rooms, so a student in any room other than the first would be able to draw, find a position of cover and concealment, point the gun at the door, and wait for the assailant to enter. Second, the experiment supposes that an intended victim pulling a gun and shooting back, even if not immediately effective, does nothing to stop the attack.
These results don’t reflect the reality of an armed citizen responding to a spree shooter. Contrary to what the firearms instructor says, it is not “too much for a normal person” to deal with. Often, the mere confrontation with an armed response takes them out of their revenge fantasy and derails the killing spree.
Deadly Canadian Care
An Illinois physician is arguing that actress Natasha Richardson might have survived her skiing accident if it had occurred in the United States rather than Canada. Explains Dr. Cory Franklin:
Canadian health care de-emphasizes widespread dissemination of technology like CT scanners and quick access to specialists like neurosurgeons. While all the facts of Richardson’s medical care haven’t been released, enough is known to pose questions with profound implications.
In the U.S. Richardson likely could have been both diagnosed locally and flown to emergency care in a nearby city. Adds Franklin:
What would have happened at a US ski resort? It obviously depends on the location and facts, but according to a colleague who has worked at two major Colorado ski resorts, the same distance from Denver as Mt. Tremblant is from Montreal, things would likely have proceeded differently.
Assuming Richardson initially declined medical care here as well, once she did present to caregivers that she was suffering from a possible head trauma, she would’ve been immediately transported by air, weather permitting, and arrived in Denver in less than an hour.
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