Here is a new publication from Cato, “How the War on Drugs Is Destroying Black America,”  (pdf) by John McWhorter, who is a lecturer in linguistics and American Studies at Columbia University and a contributing editor to the Manhattan Institute’s City Journal and The New Republic.  Here is his conclusion:

If we truly want to get past race in this country, we must be aware that it will never happen until the futile War on Drugs so familiar to us now is a memory. … The time to end the War on Drugs, therefore, is yesterday.

Read the whole thing.  You can also listen to McWhorter’s speech by clicking here.

For additional Cato work related to drug policy, go here.

The Drug War and Black America is a post from Cato @ Liberty - Cato Institute Blog

David Boaz posed some questions about diversity promotion in American newsrooms in a post yesterday:

But if reflecting the community is essential, why are race and gender the only categories to be considered? Alexander doesn’t mention sexual orientation. Does the Post have gay (and lesbian and bisexual and transgender and questioning…) journalists in the correct proportions?

And how about ideological diversity? In the 2008 exit polls, 23 percent of voters described themselves as white, Protestant, born-again or evangelical Christians. A survey of American religion said that 34 percent of Americans describe themselves as evangelical or born-again. How many editors and reporters at the Post would describe themselves that way? I’ll bet that born-again Christians are the most underrepresented group in elite newsrooms.

I think David mostly means to offer these as a reductio of preference policies generally, but I think they’re fair enough questions on face—possibly because I’m less confident than David that there’s a useful operational concept of “merit” in reporting that can be disentangled from identity given some intransigent social facts about 21st century America. Past some threshold level of competence, a gay reporter is just going to be able to do a better job of reporting on the gay community than I am, and a black reporter is going to have an easier time covering Anacostia. And yes, a white evangelical will probably have an easier time covering white evangelicals—though it’s no mystery why editors might be more skittish about an active preference for historically privileged groups. In a better world, identity might be less important, but in the one we’ve got it’s likely to bear on a reporter’s effectiveness in certain beats. The principle has its limits—Gay Talese or Tom Wolfe are going to be brilliant covering just about anyone—but among mortal reporters you’d expect some effect.

That said, I can think of a couple reasons why religion and (especially) ideology might be less desirable diversity targets than immutable characteristics like race, sex, or orientation. First, outside the realm of screwball comedies from the 80s, there’s not all that much reason to worry about aspiring reporters trying to “pass” as black or Hispanic or (Jack Tripper notwithstanding) gay in hopes of securing a professional advantage.  Religion and politics, by contrast, are fundamentally choices we make, and a system of preferences would create an unseemly incentive to—either cynically or subconsciously—drift in the favored direction. There is, I think, something clearly distasteful about a professional environment in which (say) a mainline Protestant reporter is perpetually awkwardly aware that his chances at promotion might turn on whether he’s prepared to declare himself “born again.”

Second, because religion and political ideology are identities fundamentally grounded in belief, they necessarily go beyond the reportorial desiderata of being able to understand and get access to a community you cover. They entail a commitment to seeing one group as systematically in the right in an array of different types of conflicts or disagreements with other groups. Making that kind of intellectual commitment a prerequisite of covering certain beats might run contrary to the norms of objectivity good newsrooms try to cultivate.

So that might be a legitimate reason for papers to aim for some level of representativeness along racial, gender, or sexual orientation lines, but omit religion and ideology—from the newsroom, at any rate. Those arguments don’t apply as strongly to the editorial page—where, indeed, we do often see conscious (if not always competent) attempts to maintain some semblance of balance among perspectives.

Dimensions of Diversity is a post from Cato @ Liberty - Cato Institute Blog

The Washington Post‘s ombudsman, Andrew Alexander, is very concerned that “journalists of color” make up only 24 percent of the Post‘s reporters and editors. That might seem like a lot to some observers, but Alexander notes that minorities are 43 percent of the people in the Washington area, and it’s essential that the newsroom staff mirror the community the paper is serving.

Well, maybe. As a longtime Post reader, I don’t really know which of the editors and reporters are nonwhite, and I don’t really care. I would hope that the Post would hire the best reporters and editors, in order to put out the best possible paper — with the best possible reporting, writing, copyediting, proofreading, and analysis.

But if reflecting the community is essential, why are race and gender the only categories to be considered? Alexander doesn’t mention sexual orientation. Does the Post have gay (and lesbian and bisexual and transgender and questioning…) journalists in the correct proportions?

And how about ideological diversity? In the 2008 exit polls, 23 percent of voters described themselves as white, Protestant, born-again or evangelical Christians. A survey of American religion said that 34 percent of Americans describe themselves as evangelical or born-again. How many editors and reporters at the Post would describe themselves that way? I’ll bet that born-again Christians are the most underrepresented group in elite newsrooms. But they weren’t mentioned in Alexander’s column. A CBS/New York Times poll in December found that 18 percent of respondents described themselves as supporters of the Tea Party movement. How many Post journalists are? The Post has recently assigned reporter Amy Gardner to “train her sights on the emerging Tea Party movement and developments inside the Republican Party.” Is she a Tea Party Republican? If not, isn’t that sort of like hiring a white person to “train her sights on African-American politics and developments in the black community”? Cato’s studies on the libertarian vote classify about 15 percent of Americans as libertarian. How many Post journalists would be categorized as libertarian?

Slate, the online magazine owned by the Washington Post Co., which shares some content with the Post, reported in 2008 that 55 of its 57 staff and contributors would be voting for Barack Obama, with 1 for John McCain and one for Libertarian Bob Barr. I’m not going to look up the details, but I’m pretty sure that’s unrepresentative of the country as a whole and even of the Washington area.

If newspapers are going to move beyond strict merit hiring to hire reporters and editors who “reflect the community,” then they shouldn’t stop at race and gender. Let’s see some ideological diversity in elite newsrooms.

Diversity in the Newsroom is a post from Cato @ Liberty - Cato Institute Blog

Everyone in America, I presume, has just received a letter from the U.S. Census Bureau urging us to fill out our Census forms. Seems like a very expensive way to tell us to watch for the form to arrive in the mail. But I’m particularly interested in why they say we should promptly fill out the form:

Your response is important. Results from the 2010 Census will be used to help each community get its fair share of [federal] government funds for highways, schools, health facilities, and many other programs you and your neighbors need. Without a complete, accurate census, your community may not receive its fair share.

Obviously this is a zero-sum game. If my neighbors and I all fill out the form, then you and your neighbors will get less from the common federal trough. But at least we’ll be getting our “fair share,” as the letter tells us twice in three sentences.

But where does the government get the authority to ask me my race, my age, and whether I have a mortgage? In fact, the Constitution authorizes the federal government to make an “actual enumeration” of the people in order to apportion seats in the House of Representatives. That’s all. Not to define and count us by race. Not to ask whether we’re homeowners or renters. Just to ask how many people live here, so they can apportion congressional seats.

I’m not interested in getting taxpayers around the country to pay for roads and schools and “many other programs” in my community. All the government needs to know from me is how many people live in my house. And I will tell them.

More on the census and the Constitution here.

The Census Asks Too Much is a post from Cato @ Liberty - Cato Institute Blog

Steve Poizner, the California insurance commissioner who is seeking the Republican nomination for governor, created a stir this week by charging opponent Meg Whitman’s campaign with attempting to coerce him out of the race. He said he had reported her campaign to state and federal law enforcement authorities.

What did Whitman actually do? Well, Poizner said that Whitman consultant Mike Murphy had contacted a Poizner staffer by phone and email to urge him to withdraw from the race. The email, released by Poizner, said: “I hate the idea of each of us spending $20 million beating on the other in the primary, only to have a badly damaged nominee. And we can spend $40 million tearing up Steve if we must; bad for him, bad for us, and a crazy waste to tear up a guy with great future statewide potential.” In the email, Murphy went on to suggest that if Poizner dropped out of the race before the June 8 vote, Whitman and her team would immediately get behind him for a 2012 challenge to Sen. Dianne Feinstein.

Poizner says that’s not only “strong-arm tactics” but possibly an illegal inducement to get him to withdraw. But isn’t this really just politics as usual? Don’t candidates as a matter of course say “support me this time, and I’ll support you next time” or “run for a different office and I’ll endorse you”? Presidential candidates, or their campaign managers, are often said to have promised the vice presidency to more than one rival to clear the field.

The point about spending $40 million of Republican money tearing up fellow Republicans is a pretty common complaint about party primaries. In fact, National Review correspondent John J. Miller raised just that concern about the Rick Perry-Kay Bailey Hutchison showdown in Texas.

Even during the Rod Blagojevich flap over “selling” a Senate seat, the always-provocative Jack Shafer and Jim Harper both asked, Isn’t this what politicians do? They make deals — including deals like “I’ll support your campaign if you’ll make my buddy (or me) a Cabinet secretary.” No doubt the promises are often worthless, but they still get made. Blagojevich and Murphy have reminded pols all over the country that such deals are better made in person, not via email or telephone.

Politics ain’t beanbag, Mr. Poizner. Accept the deal or reject it. But “let’s clear the field and spend our money fighting the other party” is pretty standard politics. And a darn sight better than another standard political practice, using the taxpayers’ money to bribe the voters to support you.

Criminalizing Politics is a post from Cato @ Liberty - Cato Institute Blog

This morning, Politico’s Arena asks:

“Election 09: What’s the message?”

My response:

A note on NY 23, then to the larger message in yesterday’s returns. Already this morning we’re seeing an effort to spin the NY 23 outcome as a warning to Republicans and a hopeful sign for Democrats. Yet the striking thing about that outcome is how close a third-party candidate came in the face of opposition from the Republican establishment. And the ultimate outcome can doubtless be explained simply by absentee ballots, plus voters unaware of the last-minute developments in the race.

Thus, given those factors, the NY 23 outcome is perfectly consistent with returns in the rest of the country. (In fact, Conservative and Republican votes in that race total more than 50 percent.) And the message will not be lost on blue-dog Democrats. If the internal inconsistencies of ObamaCare did not trouble those Democrats before yesterday, they surely must now. The silence coming from the White House last night spoke volumes.

One Year Later is a post from Cato @ Liberty - Cato Institute Blog

The Department of Justice just invalidated a move by the residents of Kinston, North Carolina, to have non-partisan local elections. Rationale?

The Justice Department’s ruling, which affects races for City Council and mayor, went so far as to say partisan elections are needed so that black voters can elect their “candidates of choice” – identified by the department as those who are Democrats and almost exclusively black.

The department ruled that white voters in Kinston will vote for blacks only if they are Democrats and that therefore the city cannot get rid of party affiliations for local elections because that would violate black voters’ right to elect the candidates they want.

This, coming from the same Department of Justice officials that wouldn’t know a civil rights violation if it picked up a club and barred them access to a polling place.

Department of Bias is a post from Cato @ Liberty - Cato Institute Blog

Unsure about prospects on passing the Local Law Enforcement Hate Crimes Prevention Act as a stand-alone bill, proponents intend to attach it as an amendment to the Department of Defense Authorization bill. As I have said previously, this bill is an affront to federalism and counterproductive hater-aid.

Federal Criminal Law Power Grab

This legislation awards grants to jurisdictions for the purpose of combating hate crimes. It also creates a substantive federal crime of violent acts motivated by the “actual or perceived religion, national origin, gender, sexual orientation, gender identity, or disability of any person.”

This is a federalization of a huge number of intrastate crimes. It is hard to imagine a rape case where the sex of the victim is not an issue. The same goes for robbery – why grab a wallet from someone who can fight back on equal terms when you can pick a victim who is smaller and weaker than you are?

This would be different if this were a tweak to sentencing factors.

If this were a sentence enhancement on crimes motivated by racial animus – a practice sanctioned by the Supreme Court in Wisconsin v. Mitchell – then it would be less objectionable if there were independent federal jurisdiction.

Thing is, the federal government has already done this, with the exception of gender identity, with the Federal Sentencing Guidelines (scroll to page 334 at the link):

If the finder of fact at trial or, in the case of a plea of guilty or nolo contendere, the court at sentencing determines beyond a reasonable doubt that the defendant intentionally selected any victim or any property as the object of the offense of conviction because of the actual or perceived race, color, religion, national origin, ethnicity, gender, disability, or sexual orientation of any person, increase by 3 levels.

The contrast between a sentence enhancement and a substantive crime gives us an honest assessment of what Congress is doing – federalizing intrastate acts of violence.

If Congress were to pass a law prohibiting the use of a firearm or any object that has passed in interstate commerce to commit a violent crime, it would clearly be an unconstitutional abuse of the Commerce Clause.

Minus the hate crime window dressing, that is exactly what this law purports to do.

What this really amounts to is a power grab – giving the federal government power to try or re-try violent crimes that are purely intrastate. Just as the Supreme Court invalidated the Gun Free School Zones Act in United States v. Lopez because it asserted a general federal police power, this law should be resisted as a wholesale usurpation of the states’ police powers.

The act also essentially overrules United States v. Morrison, where the Court overruled a federal civil remedy for intrastate gender-motivated violence. Forget a civil remedy; while we’re re-writing the constitution through the Commerce Clause let’s get a criminal penalty on the books.

Trials as Inquisitions

The hate crime bill will also turn trials into inquisitions. The focus of prosecution could be on whether you ever had a disagreement with someone of another “actual or perceived religion, national origin, gender, sexual orientation, gender identity, or disability.” Worse yet, it can turn to whether you have any close friends in one of these categories, as demonstrated in the Ohio case State v. Wyant. The defendant denied that he was a racist, which led to the following exchange in cross-examination on the nature of the defendant’s relationship with his black neighbor:

Q. And you lived next door . . . for nine years and you don’t even know her first name?

A. No.

Q. Never had dinner with her?

A. No.

Q. Never gone out and had a beer with her?

A. No. . . .

Q. You don’t associate with her, do you?

A. I talk with her when I can, whenever I see her out.

Q. All these black people that you have described that are your friends, I want you to give me one person, just one who was really a good friend of yours.

David Neiwert says that this won’t happen because of a constitutional backstop in the legislation. Unfortunately, the House version of the bill explicitly endorses impeaching a defendant in exactly this manner:

In a prosecution for an offense under this section, evidence of expression or associations of the defendant may not be introduced as substantive evidence at trial, unless the evidence specifically relates to that offense. However, nothing in this section affects the rules of evidence governing impeachment of a witness.

Worse yet, the Senate version of the hate crime bill, the one which will likely become law after conference committee, does not contain this provision. Instead, it explicitly says:

Courts may consider relevant evidence of speech, beliefs, or expressive conduct to the extent that such evidence is offered to prove an element of a charged offense or is otherwise admissible under the Federal Rules of Evidence. Nothing in this Act is intended to affect the existing rules of evidence.

Anyone want to bet that an aggressive prosecutor could find that not having a close enough relationship with your neighbor counts as “expressive conduct” for the purposes of prosecution?

Future Push for More Federal Authority Over Intrastate Crimes

The hate crime bill also pushes a snowball down the mountain toward wholesale federalization of intrastate crime. In a few years this snowball will be an avalanche. By making any gender-motivated crime a hate crime, which will necessarily include nearly all rapes, we will define ordinary street crimes as hate crimes.

With a consistent average of 90,000 rapes a year, this expansion of hate crime definition will come back in a few years where those ignorant of the change in terms will wonder why hate crime is now rampant. “Rampant” only because we have made the relevant definition over-inclusive to the point of being meaningless.

And in a few years, we can revisit this issue with a fierce moral urgency to pass more feel-good legislation that upends state police powers in an effort to do something – anything – to confront this perceived crisis. A perception that Congress is creating in this legislation.

Hate Crimes Bill Becomes an Amendment is a post from Cato @ Liberty - Cato Institute Blog

Nothing has changed in the six short weeks since Sonia Sotomayor was nominated to the Supreme Court: she remains a symbol of the racial politics she embraces. While we celebrate her story and professional achievements, we must realize that she — an average federal judge with a passel of unimpressive decisions — would not even be part of the conversation if she weren’t a Hispanic woman.

As Americans increasingly call for the abolition of affirmative action, Sotomayor supports racial preferences. As poll after poll shows that Americans demand that judges apply the law as written, the “wise Latina” denies that this is ever an objective exercise and urges judges to view cases through ethnic and gender lenses.

At next week’s hearings, Sotomayor will have to answer substantively for these and other controversial views — and for outrageous rulings on employment discrimination, property rights, and the Second Amendment. To earn confirmation, she must satisfy the American people that, despite her speeches and writings, she plans to be a judge, not a post-modern ethnic activist. After all, a jurisprudence of empathy is the antithesis of the rule of law.

The Sotomayor Hearings is a post from Cato @ Liberty - Cato Institute Blog

Ricci is a victory for merit over racial politics—which is appropriate given that the ruling overturns a lower court panel that included Sonia Sotomayor.

In the blockbuster decision we’d been awaiting all term, the Court reached the correct result: The government can’t make employment decisions based on race. While the city’s desire to get more blacks into leadership positions at the fire department is commendable, it cannot pursue this goal by denying promotions simply because those who earned them happen to have an inconvenient skin color.

This ruling is the latest in a series of steps the Court has taken to strike down race-conscious actions that violate individual rights—and thus is a blow both to the Obama administration (which sided with the city in Ricci) and to the nomination of Judge Sotomayor. Those who bring cases before the courts deserve much more than empathy or even “sympathy”—the word Justice Ginsburg uses in her dissent—they deserve equal treatment under the law.

The Ricci Ruling: A Victory for Merit over Racial Politics is a post from Cato @ Liberty - Cato Institute Blog

I’ve been reading the debate between our own Andrew Coulson and Rev. Joseph Darby with interest, not least because it is an extreme rarity to find an opponent of school choice with the courage and good faith to engage in such a public debate on the topic.

That said, something Rev. Darby wrote in his response caught my attention because of its parallels with the modern fight over school choice:

The first schools established for African-Americans following the Civil War were private schools. They sometimes, however, exclusively accepted the children of the black upper and middle economic classes while excluding the children of former slaves who struggled economically to survive. Public schools for African-Americans were decidedly and intentionally inferior, and the irony is that the opponents of quality public education in Charleston, South Carolina in that era included affluent African-Americans who saw good public schools as a threat to their private schools.

Too little is said about an uncomfortable contemporary truth: the irony is that the opponents of school choice across this country include affluent African-Americans who see good private schools as a threat to their public schools, their livelihoods, and their political and economic power.

There is a class divide in the African American community. If you take a look at the economics of urban areas, you will find that schools provide a large percentage of good middle and upper-middle class jobs for African Americans. If you look at the polling data, it is low-income blacks who are most supportive of school choice. And yet black elected officials are overwhelmingly opposed to choice.

And if you look at the black leadership class that runs our cities and failing public schools, you will find that many send their children to schools other than those in which they teach or those in the city they lead. I hold up as the most prominent example our first black president, Barrack Obama, who opposes private school choice policies and yet has always sent his own children to private schools.

Rev. Darby suggests, “a mass exodus to private schools will weaken public schools by leaving behind parents who have the least ability to advocate for or assist their children, and remove positive peer role models from struggling students.” If this is indeed true then the greatest damage has already been done to public schools by the likes of President Obama and other parents with the means to choose private schools for their children.

Why do Rev. Darby and other government school advocates not excoriate President Obama and other school choice opponents who patronize private education? Why are Rev. Darby and others not working assiduously to ban private schools altogether?

Why, in the final analysis, does Rev. Darby’s logic hold for the poor but not for the wealthy?

Below the fold I have more on these claims.

The self-interest-driven divisions among urban African Americans are real and serious. Much of the following comes from a great paper written by Patrick McGuinn, professor of political science at Drew University.

Marion Orr, in “The Challenge of Reform in Baltimore,” notes that “because a significant proportion of the school system’s employment base is African-American workers, the interplay between race and jobs hinders reform efforts. The school bureaucracy is an employment regime for blacks . . .”

Similarly, Jeffrey Henig recognizes in “The Color of School Reform,” that “there is a kind of ‘holy communion’ between prominent black clergy and the members of their churches whose livelihood is schooling and for whom the school system is a source of wages, professional development, and economic advancement.”

Paul Hill and Mary Beth Celio note in Fixing Urban Schools, “the public school systems have become the principal employers of African-American and immigrant middle class professionals in big cities.” And Julian Bond, as chairman of the NAACP, admitted that “the black teacher class is solidly entrenched in the African-American community and that teacher unions occupy an important political position in the black community.”

So it should come as no surprise to find that Terry Moe finds in his survey work that 79% of the inner city poor support vouchers. The Joint Center for Political and Economic Studies, a think tank that focuses on African American issues, found that black leaders are wildly out of step with their constituency on this issue, with Black elected officials 70 percent opposed to vouchers while “in the black population, there was what can accurately be described as overwhelming support for vouchers (approximately 70 percent) in the three youngest age cohorts” under age 50.

It’s far past time we recognize that black public opinion and interests are not monolithic.

The Black Divide on School Choice is a post from Cato @ Liberty - Cato Institute Blog

The South Carolina legislature is currently considering a tax credit bill intended to give parents an easier choice between public and private schools. It would do this by cutting taxes on parents who pay for their own children’s education, and by cutting taxes on anyone who donates to a non-profit Scholarship Granting Organization (SGO). The SGOs would subsidize tuition for low income families (who owe little in taxes and so couldn’t benefit substantially from the direct tax credit). Charleston minister Rev. Joseph Darby opposes such programs, and I support them. We’ve decided to have this dialogue to explain why. Our initial comments were posted Tuesday. The next installment is here.

Rev. Joe Darby

First Response

Since this is a “dialogue,” let me focus on something that Andrew said in his first installment — that public education “…has failed because it lacks the freedoms and incentives that drive progress in every other field.” I take that as a defense of the “free market,” where competition allegedly leads to quality and success. I don’t think that the “free market” is the best model for education. To quote African Methodist Episcopal Church Bishop John Hurst Adams, one of my mentors, “the free market has limitations when it comes to the human condition, because it’s an amoral concept that ‘lets the market decide’ who swims and who gets swept away.” That’s applicable to the standard argument that private school choice would improve public schools through “competition.”

The first schools established for African-Americans following the Civil War were private schools. They sometimes, however, exclusively accepted the children of the black upper and middle economic classes while excluding the children of former slaves who struggled economically to survive. Public schools for African-Americans were decidedly and intentionally inferior, and the irony is that the opponents of quality public education in Charleston, South Carolina in that era included affluent African-Americans who saw good public schools as a threat to their private schools.

Public funds going to private schools would revive that tradition, for every tax dollar that “follows” a child to private schools in tough economic times will lead to understaffed and under-equipped public schools. Public school funding is set by legislators who are well aware that their constituents without children in the schools are loathe to fund them, and who’ve catered to those constituents by cutting funding for public education. There can be no true “competition” between public schools that only receive public funds and private schools that would have public and private funds at their disposal, for the free market turns on available capital.

The economic crisis now rocking markets in our nation and the world is also instructive. That crisis was, at least in part, created by policies that deregulated the free market and promoted not only innovation, but sheer greed which crafted a shaky, “house of cards” economy that has collapsed and taken people down with it. The lesson now, as it was during the Great Depression, is that unregulated free market activity can have disastrous results. I believe that the current financial crisis is also an element in the push for Private School Tuition Tax Credits. Many private schools are hurting because parents who can no longer afford high tuition are considering public school alternatives — private schools are hungry for the “bailout” that the pending South Carolina legislation would provide.

America makes the lofty claim in our Pledge of Allegiance to be “one nation under God.” If we’re serious about that, then we should heed the words of the Jesus who is seen as the Messiah by Christians and as God’s prophet by Jews and Muslims. He said that the Creator’s standard for right behavior includes equitable treatment for all people. That equity is at the heart of public education but is not a factor in free market competition, where the vagaries of the market decide outcomes and impact success in life. I said so six years ago in one of my conversations with my friend Mark Sanford, the Governor of South Carolina. He laid out his argument for private school choice over more funding for public schools in familiar, logical and compellingly Libertarian free market terms, but he never answered one question that I asked — why can’t we provide good public schools because it’s simply the right thing to do?

***

The Rev. Darby is senior pastor of the AME Morris Brown Church in Charleston, and First Vice President of the Charleston Branch of the NAACP.

Andrew Coulson

First Response

Glad you brought up the objective studies, Joe, but you only mentioned one of them. I recently collected every scientific study I could find comparing outcomes between public and private schools (Journal of School Choice, vol. 3, no. 1). I came up with 65 studies that compare student achievement, cost-effectiveness, parental satisfaction and other measures. The results overwhelmingly favor private schooling. What’s more, the least regulated, most-market-like school systems stand out as the best of all (here’s an earlier version of the paper).

Interestingly, there’s one study I couldn’t include because it wasn’t released ’til a few weeks ago. It’s the 3rd year DC voucher study (the successor to the one you mentioned), and it shows that students who’d been attending private schools for the full 3 years are 2 school-years ahead of their public school peers in reading! Even including the kids who’ve only been in the program for 1 year, the vouchers are now producing significant gains.

And there’s no evidence that school choice weakens the public schools. Professor Jay Greene looks at this question in his book Education Myths. He finds that public schools either improve under school choice programs, or are unaffected. So even the families that don’t choose to attend private schools will likely be better off, and certainly no worse off, than they are now.

Who would be the biggest beneficiaries of the SC education tax credit bill? Low-income kids. As noted in the preamble at the top of this column, only low-income families would be eligible for tuition aid from Scholarship Granting Organizations (SGOs). The amount of aid each family could receive from an SGO is not capped, so that assistance can be allocated based on individual need. Pennsylvania already has such a tuition-assistance program, serving over 40,000 students with bi-partisan support.

Parents who earn enough to owe state taxes would be eligible for direct tax credits to offset their own kids’ education costs, but those credits are explicitly capped (at around $2,800, if their kids are not zoned to attend a “failing” public school — more if they are).

It’s certainly reasonable to wonder how poor families would cope with transportation and any non-tuition costs, but we can just look at how scholarship tax credit programs are working in states like Pennsylvania and Florida: some schools provide transportation, some are within walking distance, some families form carpools, and others use public transportation. Tens of thousands of poor children manage to get to their private schools under these programs every day, and to obtain uniforms for the schools that require them. Many others do so even without scholarships.

As for wanting to start by fully funding public schools… we’re already there. The 2007-08 budget for Charleston public schools lists total expenditures at over $548 million (p. 21) for 40,202 students (p. 4). That’s $13,650 per pupil — more than the state and national averages, which are both about $12,000. These numbers are vastly higher than the median U.S. private school tuition, which the Department of Education reported as $3,500 in 2003-04 [the most recent year available]. And only about a fifth of private school revenue comes from sources other than tuition. Even if tuitions have doubled since then, they’d still be barely half of Charleston’s per pupil spending.

I’ll have to wait ’til next time to address your concern about the history of school choice, since I’ve run out of word count. In the meantime, here’s a thought:

There’s nothing wrong with trying to fix the public schools. But you don’t lock kids in a burning building while you try to put out the fire.

***

Andrew Coulson is director of the Cato Institute’s Center for Educational Freedom, and author of Market Education: The Unknown History.

A Dialogue on School Choice, Part 2 is a post from Cato @ Liberty - Cato Institute Blog

The South Carolina legislature is currently considering a tax credit bill intended to give parents an easier choice between public and private schools. It would do this by cutting taxes on parents who pay for their own children’s education, and by cutting taxes on anyone who donates to a non-profit Scholarship Granting Organization (SGO). The SGOs would subsidize tuition for low income families (who owe little in taxes and so couldn’t benefit substantially from the direct tax credit). Charleston minister Rev. Joseph Darby opposes such programs, and I support them. We’ve decided to have this dialogue to explain why. The next installment is here.

A Dialogue on School Choice is a post from Cato @ Liberty - Cato Institute Blog

Today the Supreme Court heard argument in Ricci v. DeStefano, the “reverse discrimination” case in which the city of New Haven refused to certify the results of a race-neutral promotion exam whose objective results would have required, under civil service rules, the promotion of only white and Hispanic (but no black) firefighters.

The firefighters who were thus denied promotions sued the city, claiming racial discrimination under Title VII of the Civil Rights Act and the Equal Protection Clause of the Fourteenth Amendment.

Remarkably, a panel of the Second Circuit Court of Appeals—including oft-mentioned Supreme Court contender Sonia Sotomayor—summarily affirmed the district court’s ruling against the firefighters, though Judge José Cabranes (a Clinton appointee) later excoriated the panel for not grappling with the serious constitutional issues raised by the case.

The Cato Institute filed a brief, joined by the Reason Foundation and the Individual Rights Foundation, pointing out the absurd incentives at play: if the lower court’s ruling stands, employers will throw out the results of exams (or other criteria) that produce racial disparity, even if those exams are race-neutral, entirely valid, and extremely important to the employer and (as in this case) the public.

Today the Court seemed starkly divided.  The “liberal” justices hinted that an employer should be allowed to be “race conscious” to avoid Title VII lawsuits alleging “disparate impact” against minorities in hiring and promotions.  The “conservatives” were disturbed that the only reason the firefighters weren’t promoted was their race.  Nobody seemed persuaded by the government’s request—really an attempt to avoid taking a firm stand on a controversial issue—that the judgment be vacated and the case remanded for further factual development and legal rulings by the lower courts.  Justice Kennedy will likely be the swing vote, and I predict that he will side with the conservatives, albeit narrowly in a separate concurrence as he did in Parents Involved in Community Schools v. Seattle School District No.1, the race-based school assignment case from 2007.

It was in Parents Involved that Chief Justice Roberts wrote: “The way to stop discrimination on the basis of race is to stop discriminating on the basis of race.”

Quite so. The Supreme Court should thus reverse the Second Circuit, establishing that an employer can only discount test results when there is a “strong basis in evidence” that the test is somehow biased against a particular racial group.

The Way to Stop Discrimination on the Basis of Race Is to Stop Discriminating on the Basis of Race is a post from Cato @ Liberty - Cato Institute Blog

Today the Supreme Court unanimously ruled that the resolution Congress passed in 1993 to apologize for U.S. involvement in the overthrow of the Hawaiian monarchy—a determination that remains controversial among historians—did not affect Hawaii’s sovereign authority to sell or transfer the lands that the United States had granted to the State at the time of its admission to the Union.  In an opinion by Justice Alito, the Court correctly explained that the words of the Apology Resolution were conciliatory and hortatory, creating no substantive rights—and indeed the resolution’s operative clauses differ starkly from those which provided compensation to, for example, the Japanese-Americans interned during World War II.

Importantly, the Court also noted that it would “raise grave constitutional concerns” if any act of Congress purported to cloud Hawaii’s title to sovereign lands so long after its admission to the Union.  This last point is perhaps most important to the ongoing debate over the “Akaka Bill,” which would create a race-based entity to extract political and economic concessions from the state and federal governments on behalf of ill-defined “native Hawaiians.”  It is delicious irony that Hawaii’s attorney general, Mark Bennett, an Akaka Bill supporter, secured this victory.

Just as Hawaii is now allowed to develop state lands for the benefit of all its citizens, hopefully Congress will in future refrain from inflaming racial divisions and instead treat all Hawaiians, regardless of race, with the legal equality to which they are entitled.

Further Cato materials on the above: Here’s our brief in the case, Hawaii v. Office of Hawaiian Affairs.  Here are articles I wrote on the case and on the on the Akaka Bill.  Here is a write-up of a debate I had at the University of Hawaii last month.  Finally, here is a podcast I did for the Grassroot Institute (Hawaii’s free-market think tank) — where, among other things, I correctly predicted the Court’s vote today and the scope of its opinion.

Court Embraces the Spirit of Aloha is a post from Cato @ Liberty - Cato Institute Blog

Yesterday Cato filed a brief in what will be one of the most talked-about cases in the current Supeme Court term, Ricci v. DeStefano.

In Ricci, the City of New Haven, Connecticut developed an exam for firefighters seeking promotion to command positions. The city went out of its way to ensure that the exam was race-neutral and tested only relevant skills and abilities. When the exam results came down, however, white candidates had done better than their African-American and Hispanic peers. Given the few command positions available and the city’s rule that the highest scorers on an exam be promoted first, few minority firefighters would thus have been eligible for promotion. After a series of meetings and political machinations, the city refused to certify the results of the exam and promote anyone. Several of the firefighters who would have been eligible for promotion filed a lawsuit, claiming racial discrimination under Title VII.

The district court, affirmed by the court of appeals, granted summary judgment for the defendants, holding that the City’s alleged fear of an adverse impact claim (a different type of racial discrimination claim under Title VII) — based merely on the fact that the exam results yielded a racial disparity — was a legitimate reason for its decision not to certify the exams.

Cato’s brief, joined by the Reason Foundation and the Individual Rights Foundation, points out the absurd incentives at play: if the lower court’s ruling stands, employers will throw out the results of exams (or other criteria) that produce racial disparity, even if those exams are race-neutral, entirely valid, and extremely important to the employer and (as in this case) the public.

The Case will be argued April 22.

“It Is a Sordid Business, This Divvying Us by Race” is a post from Cato @ Liberty - Cato Institute Blog