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Constitutional and Political Freedom

Biden LGBT Rights Order Charges Into Culture War

By Kevin DaleyThe Washington Free Beacon

Getty Images

An executive order on LGBT rights signed by President Joe Biden on Wednesday signals the start of a bitter cultural clash that will loom large over his presidency.

Biden’s directive broaches almost every aspect of domestic policy, from housing to refugee resettlement to transgender student athletes. The order requires every federal agency to make clear that civil rights laws banning sex discrimination also ban discrimination based on sexual orientation or gender identity, citing the Supreme Court’s landmark gay rights ruling in June 2020.

Many changes resulting from Biden’s order, like a ban on anti-gay discrimination in renting, are unlikely to cause controversy. Other mandates will accelerate long-simmering cultural disputes, like those allowing trans students to participate in women’s sports or use the bathrooms and locker rooms of their choice. While Biden says his focus is fixed on the coronavirus pandemic and economic stimulus, cultural conflict is poised to play a defining role in the coming years of his presidency.

The Supreme Court decision in Bostock v. Clayton County is the basis for Biden’s directive. Title VII of the Civil Rights Act bans discrimination “because of sex” in employment. The question for the justices was whether that sex discrimination ban also covers sexual orientation and gender identity. A six-justice majority led by Justice Neil Gorsuch said it does. Gorsuch wrote that it is “impossible” to discriminate against LGBT workers without discriminating in some way “because of sex.”

Biden’s order says the logic of Bostock—that discrimination against LGBT people is necessarily discrimination “because of sex”—should apply to every other federal law and regulation that bans sex-based discrimination. The order thus requires any agency that enforces statutes banning sex discrimination to likewise prohibit bias against LGBT people.

For example, the Department of Housing and Urban Development administers a sex non-discrimination law called the Fair Housing Act. Under Biden’s order, HUD will enforce that law to ban LGBT bias when selling homes or renting apartments. The Immigration and Nationality Act likewise promises assistance to refugees regardless of sex, meaning Biden’s order also guarantees protections for gay and transgender migrants.

All told, the list of forthcoming changes is a long one.

“Biden’s executive order is the most substantive, wide-ranging executive order concerning sexual orientation and gender identity ever issued by a United States president,” said Alphonso David, president of the Human Rights Campaign. “By fully implementing the Supreme Court’s historic ruling in Bostock, the federal government will enforce federal law to protect LGBTQ people from discrimination in employment, health care, housing, and education, and other key areas of life.”

While many new policies will likely enjoy broad support, some may inflame the hottest cultural disputes. Biden’s Education Department will be a flashpoint.

The Education Department administers Title IX, which bans sex discrimination in federally-funded schools. The department, consistent with Biden’s order, will make rules requiring any school that takes federal dollars to allow trans students access to their preferred bathrooms and locker rooms. Another rule granting trans-women access to women’s sports will almost certainly be promulgated. The order expressly contemplates those steps.

“Every person should be treated with respect and dignity and should be able to live without fear, no matter who they are or whom they love. Children should be able to learn without worrying about whether they will be denied access to the restroom, the locker room, or school sports,” the order reads.

Critics say those moves are tantamount to repealing Title IX, which was passed to put women on equal-footing with men in athletics.

“This isn’t equality, and it isn’t progress. President Biden’s call for ‘unity’ falls flat when he seeks to hold those receiving federal funds hostage if they don’t do tremendous damage to the rights, opportunities, and dignity of women and girls,” said Alliance Defending Freedom lawyer Christiana Holcomb.

The Trump administration took the same view, arguing Bostock shouldn’t apply to Title IX because Title IX serves a different and unique purpose—protecting girls and ensuring equal athletic opportunities for women. Forcing women’s athletic leagues to accept transgender competitors would defeat the law’s purpose, the Trump Education Department argued in a 2020 memorandum.

In the months following Bostocktwo federal appeals courts sided with transgender students challenging bathroom access policies, an early indication that many courts are ready to apply the case to education.

Implementing Biden’s order will take time. In the short term, agencies will issue advisory notices to forewarn employees or industry leaders about the new enforcement practices. That will give schools, banks, and employers time to implement changes on their own without formal government action.

Agencies will then move to enshrine the new policy in an official rule. Crafting rules is time-consuming. Agencies must give adequate notice of a change and allow a public comment period. Settling the finer points is likewise slow work, often involving officials from different parts of the government. For example, former education secretary Betsy DeVos rescinded an Obama-era “Dear Colleague” letter on campus sexual assault in 2017, but a long-promised rule setting due-process requirements for campus tribunals wasn’t finalized until 2020.

And whatever changes are achieved may be stymied in court. Advocacy groups and Republican attorneys general are sure to file legal challenges to the new rules. It’s not clear if they’ll ask judges to halt Biden’s policies on a national basis. Conservatives castigated so-called nationwide injunctions during the Trump administration, though with Biden in the White House they may be back in style.

Justice Samuel Alito foresaw a long slog in his wide-ranging 54-page dissent in Bostock.

“Although the Court does not want to think about the consequences of its decision, we will not be able to avoid those issues for long,” Alito wrote. “The entire federal judiciary will be mired for years in disputes about the reach of the Court’s reasoning.”


Biden’s Day

A forgettable speech may be just what the country needs

By Matthew ContinettiThe Washington Free Beacon

Joe Biden Sworn In As 46th President Of The United States At U.S. Capitol Inauguration Ceremony
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It was impossible to hear Joe Biden’s Inaugural Address without comparing it to Donald Trump’s. Four years ago, Trump blamed the “American carnage” that propelled his rise to power on a feckless and out of touch elite who had collaborated with nefarious outsiders to rob the middle class of its wealth and status. Trump’s speech was brief (16 minutes long), direct, uncompromising, and unforgettable. It left the political world in shock. George W. Bush spoke for many when he was overheard saying, “That was some weird s—t.” The Trump inaugural foretold a presidency like no other.

President Biden’s inaugural could not have been more different. He is Trump’s opposite not only in ideology but also in background and style. Trump was the only president not to have previous government or military experience. Biden served for almost 50 years in Congress and the West Wing. Trump used social media as a weapon in his politics of polarization and confrontation. Biden has gone out of his way to ignore Twitter, and has relied primarily on traditional media to convey his message.

Trump sought to disrupt the norms of Washington because he and his supporters believed those norms had become a cover for American decline. Biden wants to restore the norms, and to lower the political temperature, because he believes, correctly in my view, that civility and proceduralism stand between America and the abyss. Every aspect of Biden’s inaugural—its structure, its bipartisanship, its quotations, its length—furthered his aim of realigning the office of the presidency with its traditions of institutional decorum.

The speech itself was not memorable. But this prosaic quality was in its own way reassuring. After all, most inaugurals are forgotten. (Can you quote a line from either of Bill Clinton’s, or from either of Barack Obama’s?) Biden’s delivery was much stronger than his text. He recapitulated the themes of his campaign, explained how he believes the nation faces crises of public health, economics, racism, and climate, called for national unity, and pledged to serve all of the people. His peroration was inspiring: “With purpose and resolve, we turn to the task of our time, sustained by faith, driven by conviction, and devoted to one another and the country we love with all our hearts.” Overall, however, you came away with the sense that Biden’s presidency will be defined more by actions than by words.

What stood out most about the entire day was its religious spirit. Biden began the morning with a bipartisan Mass. The benedictions before and after the inaugural program were moving. Garth Brooks offered an incredible rendition of “Amazing Grace.” Biden asked all Americans to participate in a moment of silent prayer. He cited Scripture. And in one of the most interesting passages of his address, he invoked Saint Augustine’s description of a people as “a multitude defined by the common objects of their love.”

For Biden, these common objects are values: “Opportunity, security, liberty, dignity, respect, honor, and, yes, the truth.” Few would argue with this list. But its very universality raises the question of what separates Americans from other peoples, elsewhere, who also love opportunity and security and liberty. It’s easy to come up with a more particularistic catalogue of the common objects of our national love: The Declaration of Independence, the Constitution, the national motto and symbol, the flag, the Founders, Lincoln, the Capitol building, the land itself. And this difference between transcendental aspirations and concrete loyalties may be one way of thinking about the gulf that separates left from right.

One danger for Biden is that the electorate will come to view his call for unity as a mask for a partisan liberal agenda. There was little policy in the Inaugural Address, but the executive orders he will sign this afternoon and evening, and the legislation he is proposing to Congress, do not herald a future where the parties are reconciled to one another. His presidency might proceed along two tracks, with Biden standing as a symbol of comity and consensus while his administration sustains and expands the Democratic coalition. Biden might want to pay particular attention to a recent Washington Post /ABC News poll showing that 55 percent of independents have “just some” or “no confidence” in his decision-making abilities. Letting Nancy Pelosi and Chuck Schumer have their way will not shrink that number.

For now, the ceremony is over. Joe Biden is left with two jobs: End this pandemic and restore faith in America’s constitutional order. His Inaugural Address was a fair start. But speeches won’t be enough. In his videotaped farewell address, President Trump wished his successor luck. President Biden will need it.


8 Strategies For Exiting The Biden Years Stronger Than The Right Went In

Let's be honest: The right is making a forced retreat. Here's how we can make it a strategic one that sets our ideas up for better success in the long run.

By Joy PullmannThe Federalist

8 Strategies For Exiting The Biden Years Stronger Than The Right Went In
Photo U.S. Embassy Jerusalem / Flickr

Joe Biden’s inauguration is a sad day for those of us on the right, and it’s not just because — either through actual votes or through deliberate election confusion — we lost the Senate and presidency. It’s because so many of us are deeply aware of what Democrat reign means.

It means the acceleration of mass murder and forcing taxpayers to pay for it. It means, as my boss Ben Domenech puts it, “nuns are back on the menu.” It means, as I’ve pointed out, the increase of public schools destroying children’s innocence and facilitating minors’ access to drugs that enable HIV-positive sex. It means an entrenchment of the institutional racism of critical race theory in every institution possible, also pushed by taxpayer funds.

It means Democrats rig more structures of American life against those who disagree with them, possibly preventing us from ever having a meaningful voice in our own governance again. It means the proliferation of government spending that accelerates our nation’s likelihood of devastating economic collapse. It means frighteningly labeling half the country “domestic terrorists,” a label that prepares for stripping more of our rights. All this, in turn, makes us increasingly vulnerable to foreign enemies, propagandists, and demagogues.

This is a weight that is difficult for the perceptive to bear. Those of us who deeply treasure what makes America itself are again staring into the abyss of the genuine possibility that what we love about our country may be truly lost forever, as not just lambasted authors of Flight 93 essays but also highly studied, more tonally measured observers such as Charles Murray think is quite clear from the data.

While these losses do mean the increase of genuine moral evils and therefore deserve to be mourned, all is not lost. Yes, we’re forced to retreat, but let it be a strategic, orderly, cunning retreat, not a chaotic  retreat that breaks into a rout.

There are now numerous strategic advantages and strategies available to the people who love America, if we choose to employ and enlarge them. With them we may begin, if not to “save America,” at least to enlarge some space for living more closely to America’s founding principles than we inhabit now and to mitigate the evils that are to come.

1. Recognizing Corporate Media as a Propaganda Machine

Those of us who have been paying attention are now highly aware that corporate media and corporate tech are a bicephalic propaganda monster. We’ve learned through a 2020 of constant lies, information control, and gaslighting — from COVID to Hunter Biden — that the quickest way to guess the truth is, as in communist countries, to read what state media are saying and then assume the opposite.

While it’s frightful that corrupt, pedophile-enabling corporate media control our lives right down to the air we are allowed to breathe and whether we are allowed to honestly support our families, and that the majority of Americans either believe their outright lies or are heavily influenced by them, this knowledge is also highly useful. For it means that Americans are not necessarily supportive of socialism and baby murder and all the other things that Democrats do when in power. It means that our country still includes a lot of well-meaning people who love America but have been deeply deceived enough to turn it over to its worst enemies.

This means Democrats do not have, in any way, shape, or form, a mandate to perpetrate the policies upon which they are about to embark. Their empire is built on a throne of lies. And empires like that are weak and unstable, as Democrats’ fortification of the capitol and crazy accusations that U.S. soldiers who voted for Trump are traitors also projects.

This weakness means danger, but also opportunity. We must be ready to bind up the wounds and welcome to our ranks those the left’s culture war has devastated. We must do our utmost to dispel the lies that give the left power. Information warfare — in education and media contexts, primarily — should be a top priority.

Additionally, this means (metaphorical) war against corporate and tech media dominance is highly needed and will be effective. It has plenty of room and need for growth. It also means that citizens need to do more to combat media lies and provide the basic information Americans need and which big media takeovers have entirely hollowed out. Their lies need to not only be exposed, but replaced with truth.

I’d start with forming local blogs focused on local information-sharing about basic entities like the school board, city council, election laws and procedures, and district attorney. It’s not that hard to go to a meeting and write a 800-word summary of what happened. Get a dozen friends and divide up the job.

Ask DA and county sheriff’s candidates their positions on the crazy things Democrats are doing like springing rioters and enabling opioid spread, and publish what they do or don’t say. Stop railing on Facebook and start attending public meetings and writing about them on your own local group blog.

2. Crystal Clarity About the Left’s Real Goals

As a part of Democrats’ lack of awareness they lack a mandate other than “don’t be Trump,” they are going to overshoot, big time. They are going to enact many extremist ideas. Even the propaganda media won’t be able to entirely hide this from Americans. And there will be backlash.

This will heighten the contradictions between Democrat leadership and many current Democrat base voters who are staying with the party even though its priorities hurt them and the nation. The lack of Trump as an all-purpose leftist scapegoat will assist with this.

As has been widely noted, Trump was able to break through some of the racial stereotypes about what it means to be a Republican or Democrat and earn more nonwhite support. With him in retirement, those of us on the right have the opportunity to continue making his case without being saddled with his baggage.

This is a huge opportunity. Without Trump to use as an excuse for everything, Democrats are going to provide clarity to many more voters that they are actually the totalitarians they project onto the right. They are going to harass nuns, foster parents and agencies, Christian camps, and minorities who disagree with them. They are going to be more obviously the party of the rich and corrupt.

It’s a bad look. And it will turn voters away. Again, we need to be ready to welcome these voters even if they are not ideologically “pure.” I’d rather have a wasteful social welfare state that murders fewer babies, supports free speech, and doesn’t harass nuns than a corporate welfare state that harasses the poor and religious. If that is the tradeoff we get, I’ll take it.

3. Separation of the GOP from Big Business

In the wake of the capitol riots that weren’t perpetrated by Black Lives Matter, big corporations and chambers of commerce have pulled their high-dollar donations from many Republicans and Republican political funds. Good.

For years, elected Republicans offered lip service and placebos to their base voters and did what big corporate donors actually wanted, which hurt their voters and structurally undermined their long-term support, such as through mass illegal immigration. This has rightly fueled the public perception that Republicans care only about money and rich people, rather than an equal playing field for all and the common good. Now without those donations, they have no reason to offend and harm large numbers of voters to suck up to a small number of donors. This will make them more competitive and less corrupt.

Behavior like the below, for example, will erase the financial incentive for Republican officeholders to provide special breaks and bailouts for businesses that pay politicians big money to slant the legal playing field in their favor. Trump has made for a GOP that is far more competitive in the small-dollar online donor space. This will further help low-information voters see that Democrats are the party of the corrupt at the expense of the people, and make the GOP less so.

4. Accelerating the Corruption Cycle

COVID shutdowns with no end in sight are a violation of our natural, constitutional, and human rights. However, as with a Biden administration coming to power, this evil also will cause damage to those who attempt to wield it against their enemies.

It will mean a quicker downfall of many corrupted institutions, from “churches” that don’t proclaim orthodox theology losing parishioners who will never come back from “virtual church” to the death of higher education institutions that have been colluding with corrupt politicians to scam gullible young people out of their futures.

Our country is populated by people who fail to the top. But the more of them there are, the more enemies they make and the weaker their rigged systems become. And the more aware their opponents and the people caught in the middle become of their decay.

This will mean more cultural, theological, and philosophical refugees. Ready the lifeboats for them now.

5. Targeting the Close and Local

The Trump era has revealed the complete corruption of America’s ruling class to many more people. This stress test gives us an excellent template for what to target for fixing or elimination.

Let every locale where it is possible create the most secure voting systems in the world. Let every locale where it is possible elect and support sheriffs who will not allow a Biden administration to crush Americans’ Second Amendment rights. Let every Republican governor and member of Congress who has lost corporate support now make a ruthless plan to eliminate corporate favors from the entire legal code over which they have jurisdiction.

Let every single town board and town council put Comcast, Verizon, and all other ISPs and broadband providers on notice that if they do not adhere to First Amendment protections for all customers, these local governments will be finding another business to profit from the public infrastructure in their towns. Let every single legislature controlled by Republicans ban the institutional racism of critical race theory in every single public workplace in their state, including universities and public schools. If every elected Republican will not support this, they should be put on record explaining why not, by citizens and their local news blogs.

If the United States is to live under neo-feudalism, in which our rights are subject to the whim of whoever is in power and shift with every election instead of being protected forever equally for all under the Constitution, then let these neo-feudal lords begin to stake their territorial claims and protect their citizens as best they can, severing the levers the abusers of our rights deploy against us (such as federal funding).

Let sanctuary cities and states no longer be only for California. It will be a good thing for the federal government to have more difficulty forcing its schemes on states and local governments.

All this will only accelerate the migration from blue to red states that is already underway.

6. Forced Deep Thinking on First Principles

The sheer extent of the degradation of America’s founding principles and the citizenry who once had the character to live under them clarifies what is at stake. No longer can we pretend that identity group “antidiscrimination” rules are compatible with equal protection or the First Amendment. No longer can we pretend that a government that can dole out unfathomable amounts of money can do so without corrupting both those who give and those who receive this false charity.

We now live among the real-world results of implementing leftist ideology, and it’s not pretty. And no one can really deny it. This is why Democrats take refuge in the culture war, the cult at the core of their secular religion — they have nothing left to offer the masses but bread and circuses.

This is pushing people to make significant life changes towards a more meaningful and integrity-filled way of life, and to seek other people to join this journey. It is also pushing the truly awake people — and a few of our lawmakers — to reach down into the well of first principles to find water in a parched land. This well is an abundant source of life and renewal that many people would not seek if life stayed comfortable.

7. Engage in More Conversations, Not Less

This is precisely the time for we anti-wokesters to coalesce around principles on which we can all agree. This may be our only hope of survival, in fact. As in the Cold War era, to defeat our common foe we need a broader coalition that is necessarily going to include a lot of people who disagree on a lot of particulars.

To work out our strategies and points of agreement to fight not against each other but against our common foe in the ideology of the totalitarian left, we need to encourage more speech, not less. We need to engage more points of view and be willing to let more people speak, not fewer. We need to not be primarily attacking and tone-policing people of good will who love our country, but primarily facing outward at the barbarians who control the gates and want to destroy our country.

This doesn’t mean there are no morals, that people should be relieved of the burden of proving their assertions, or that we should elevate the voices of people who believe things that have been soundly proven to be wrong (such as Holocaust deniers). It means, however, that instead of banning them from the Internet or refusing to allow them to air their ideas, we should listen with empathy and try to understand their points of view. Our primary orientation should be persuasion, conversion, discussion, and openness, not eradication.

Instead of shutting people up because we disagree with their conclusions, we should ask them to prove their assertions and explain what led them to their stances, as James Lindsay and Peter Boghossian recommend in their excellent book. If it works with Ku Klux Klan members and people in divorce counseling, it can help our country too.

8. Persecution Purifies and Creates Solidarity

As regarding the capitol rioters, the propaganda narrative depicts us and Trump making a cacophonous, beaten-puppy exit. But in fact, as this week’s impeachment vote and more prove, we are highly unified. The outliers are given outsized voices by corporate media to deceive and demoralize us.

We are not like these rioters in any way, including in making an ignominious exit. Yes, we’re headed for the wilderness circuit that befalls a party out of power, but the truth is, we’ve been out of power this whole time. Trump was undermined and lied to continuously by every branch of the government he was elected to command. The past four years have made this and many other truths much plainer to see. Seeing clearly makes it possible and necessary for us to act prudently.

Being in the wilderness also has its advantages. They include loyalty — not sycophancy, but loyalty of the kind that only arises amid brothers and sisters in arms under constant attack. It teaches us to sacrifice, to become tougher, leaner, smarter, more agile. These are all great assets that may or may not give us a political advantage here in this temporal life, but absolutely make us better fit for eternal life. And the left can never truly command people whose souls are free, no matter how strong they appear to be.


Watchdog Calls for Transparency from University of Pennsylvania’s Biden Center

Calls come as center's director, Biden's secretary of state nominee, undergoes Senate confirmation process

By Alana GoodmanThe Washington Free Beacon

Biden secretary of state nominee Antony Blinken / Getty Images

A good-government watchdog is calling on secretary of state nominee Antony Blinken to disclose any foreign-funding sources for the University of Pennsylvania’s Penn Biden Center, where Blinken served as director, as part of his Senate confirmation vetting process.

The National Legal and Policy Center (NPLC) is arguing thatany foreign money that made its way into the Penn Biden Center could pose a conflict of interest for Blinken, who served as the center’s director from 2017 to 2019 and received a more than $79,000 salary, according to his financial-disclosure records. The watchdog group said the university also saw a significant spike in contributions from China after the Penn Biden Center opened in 2017, raising questions about whether the funding had any connection to the policy center.

While President-elect Joe Biden has vowed to tighten ethics standards for his incoming administration, the Penn Biden Center’s lack of financial candor raises questions about the Biden cabinet’s commitment to transparency as Blinken testifies before the Senate Foreign Relations Committee on Tuesday afternoon.

“The Penn Biden Center is the poster child for revolving-door conflicts of interest,” said Tom Anderson, director of the NPLC’s Government Integrity Project. “It’s time they disclose their donors and allow the American people the opportunity to evaluate whether any lines have been crossed.”

The Penn Biden Center was founded by Joe Biden at the University of Pennsylvania in 2017. Biden’s other policy-research institute at the University of Delaware has faced similar criticism over a lack of transparency and has no plans to disclose its donors after the president-elect takes office. Both organizations have served as cabinets-in-waiting, employing former Biden advisers who are now expected to join his administration.

Stephen MacCarthy, a spokesman for the University of Pennsylvania, told the Washington Free Beacon that the Penn Biden Center “is funded entirely with University funds” and doesn’t engage in fundraising.

“The University has never solicited any gifts for the Center. Since its inception in 2017 there have been three unsolicited gifts (from two donors) which combined total $1,100. Both donors are Americans,” said MacCarthy.

MacCarthy declined to discuss additional details of the center’s funding, or the sudden spike in donations from China, on the record.

Foreign contributions to the University of Pennsylvania tripled since the Penn Biden Center’s soft opening in March 2017, rising from $31 million in 2016 to over $100 million in 2019. The largest foreign contributor was China, which significantly increased its gifts to the university after the Penn Biden Center opened.

The University of Pennsylvania took in around $61 million in gifts and contracts from China between 2017 and 2019, according to records from the Department of Education. This was a substantial uptick from the prior four years, when the university received $19 million from China.

Many of the Chinese contributions were listed as coming from “anonymous” sources, according to the university’s disclosure records. Between March 2017 and the end of 2019, the university received a total of $22 million in anonymous gifts from China—a spike from less than $5 million during the preceding four years.

Blinken’s work outside of the Penn Biden Center also involved China and university funding.

Blinken cofounded the consulting firm WestExec, which helped U.S. universities raise money from China without running afoul of Pentagon grant requirements, the Free Beacon reported last month. WestExec scrubbed the details of this work from its website over the summer.

Anderson said his group is preparing to file a supplement to a Department of Justice complaint filed against the University of Pennsylvania last year.

The NLPC’s complaint asked the DOJ to look into whether the University of Pennsylvania or the Penn Biden Center violated the Foreign Agent Registration Act by accepting foreign funding in exchange for promoting the interests of foreign governments. Anderson said the new complaint will include Blinken’s work assisting universities that receive funding from China.

Sen. Robert Menendez (N.J.), the senior Democrat on the Senate Foreign Relations Committee, told reporters that the committee will likely vote on Blinken’s confirmation on Monday.


COVID-19 could be the moment we turn to school choice as a road to equal opportunity

States should broaden policies to support the school choice parents are demanding.

By Paul E. PetersonThe Dallas Morning News

Nothing in the historical record has disrupted American schools quite like COVID-19. Millions of students will lose more than a year of classroom instruction. Only the most hopeful think schools will return to normalcy before next September. An entire generation can expect a drop in lifetime earnings of 5% to 10%, economists tell us. Even worse, social and emotional development have been stunted. Schools no longer provide eye and ear exams, nurse office visits, and ready access to social services. Children from low-income backgrounds are suffering the most.

Parents desperately search for alternatives. In affluent communities, neighbors have formed learning pods, with tutors and fellow parents sharing the instructional burden. Home schooling is on the rise. Families are shifting their children to private and charter schools. Entrepreneurial high school seniors are taking dual enrollment courses, hoping to finish high school and begin college at the same time. But too many children are occupying their time in other ways, with ever more high school students simply dropping out. Enrollment at public schools is falling by 5% or more. The opportunity gap is almost certainly widening between rich and poor children.ADVERTISING

But what happens after the vaccine arrives and the virus has been cornered? Will parents return to the status quo? Or are they going to demand more choices and greater control over their child’s education? Before COVID-19, nearly a third of all students attended a school of choice, including district-operated magnet schools (7%) other district options such as vocational and exam schools (6%), charters (6%), home schooling (3%), and private schools (8% using family and other private funds and 1% with school vouchers or tax-credit scholarships).

If parents have any say, the demand for choice is almost certain to increase. During the pandemic itself, parents reported teachers at charter and private schools were more likely to provide direct instruction. Loss of learning occurred everywhere, but it was less, parents said, at these schools of choice.

What state policies should govern choice practices in the coming decade? How can states ensure that choice facilitates, not hinders, equal educational opportunities? There is no one answer, as every state has its own history and geography. But as the COVID storm has raged, researchers at Stanford’s Hoover Institution came up with a few principles and recommendations that might serve as a guide.

Most important, school choice should reduce the achievement inequalities the pandemic has aggravated. Traditionally, choice has been mainly available to those who could afford to rent or buy a home in a neighborhood that had good schools.

Magnet schools were the first to break this connection between school and residence. To foster school desegregation, they offered specialized programs — math and science, performing arts, bilingual instruction, career and technical training — to attract students from all ethnic groups from all parts of the school district. Most studies indicate that, on average, students are learning more at magnets than in other district schools. In many cities, including Miami, Denver and New York, the magnet concept is being broadened to encompass the entire district. Every school is a school of choice. The schools that go unchosen are earmarked for special attention or may be closed for lack of enough students. States should facilitate more of these districtwide choice programs.

Charter schools — publicly authorized schools that operate under private auspices — are also broadening family options. In 2018 Texas charters served more than 330,000 students at nearly 800 schools, about 6% of all public school students.

Initially, studies showed little difference between the performances of students at charters and district schools, either in Texas or elsewhere. But recent studies show that cohorts of students who attend charters in Texas and nationwide are improving at twice the rate of students at district schools. The biggest strides forward are among African American students.

To facilitate their expansion, states can authorize more schools, but limit fiscal harms to school districts. In Texas and most other states, funding follows the child when the student moves either to a charter school or from one district to another. Although the fiscal policy makes sense, districts that lose enrollment still bear legacy costs, most importantly, pensions and medical benefits for retired employees. States can mitigate the political controversies by absorbing more of these legacy costs.

Some worry that charters undermine district-operated public schools by attracting the most engaged families. Fortunately, that has not happened so far: Recent evidence shows gains in student performance at district schools when they are competing with charters.

School segregation is another concern. But even though racial isolation remains widespread in most metropolitan areas, a recent study by the liberal Urban Institute finds that choice has little effect on the racial composition of schools, one way or the other.

Still, there is much that state policymakers can do to make sure that school choice enhances equal opportunity. Charter schools can be placed in locations that foster integration. States can fund transportation costs for all students, no matter what school they attend. That is both efficient and equitable. And once legacy costs are protected, choice of school should not be skewed by favorable funding for one type of school rather than another.

Going forward, states should focus on middle and high schools. Research tells us that students in fourth grade public schools have been learning their letters and numbers as well or better than in the past. The challenge schools face comes with the onset of adolescence.

Achievement slippage is well underway by eighth grade, and it becomes increasingly severe as students proceed through high school. Rising high school graduation rates are mostly a function of easier grading practices and undemanding credit recovery courses, as shown by the astoundingly high dropout rates at community colleges. Half of all students just out of high school leave a two-year college within the first year.

Choice by itself will not solve the malaise that continues to plague too much of our educational system, especially in the middle and high school years. But if students are given a wide range of options, leading to multiple types of meaningful certificates, chances improve that young people will become more adequately prepared for what comes next. The COVID-19 crisis can become the equal opportunity moment.


In Virginia, the GOP May Find its Great New Hope

By Peter RoffNewsweek

Adapt or die.”

In business, it’s a well-known maxim but it surprisingly doesn’t carry much weight in politics. For some reason the consultants, donors and strategists driving candidate selection too often go with folks they know, thinking that a bit of tinkering with the message will be enough to carry them to victory.

They’re wrong—as many recent Virginia elections have demonstrated. Once a reliably red state at the federal level, the Old Dominion has turned blue. In Richmond, the Democrats who came roaring back into power in 2019 are of a radically different bent than the ones who made up the legislative majorities through most of the 20th century.

Being known as the party of limited government, standing for life, supporting Second Amendment rights and allowing people to keep more of what they earn still works. It’s in sync with what voters in most parts of Virginia and most parts of the nation generally believe.

To win going forward, Virginia party leaders and the folks at the grassroots level need to be bolder when choosing their messengers. It’s all well and good to talk about what policies mean for the working class, for the poor, for the communities of immigrants that have sprung up throughout Northern Virginia—all of whom, of late, have thrown in with the Democrats. To be convincing, the GOP is going to have to look beyond its traditional pool of candidates in the state legislature and in the county courthouses.

The party must expand its reach. It needs to nominate candidates who can talk convincingly about Virginia and America as places where hard work, luck and adherence to the rules and values of society should still make it possible for people to pursue, as one prominent Virginian put it, happiness.

Virginia flag
The Virginia State flag and the American flag fly near the Virginia State Capitol, February 9, 2019 in Richmond, Virginia.DREW ANGERER/GETTY

The best candidates are the ones who know this to be true because they’ve walked the walk. Standing out among the other potential 2021 gubernatorial candidates in this regard is Sergio de la Peña, a recently retired career Army officer who spent the last four years at the Pentagon dealing with serious national security issues.

He’s a modest man of modest means. Talking with him about his accomplishments, and there are many, is difficult. He likes to share credit where it is due and regards everything he’s done as the result of team efforts. That may be his military training talking, but it works. Of late, we’ve had our fill of braggadocious politicians on both sides of the aisle who think the people’s business is all about them.

“I came to America from Mexico in 1961. I immigrated legally, went to work, learned to speak English and eventually traded my Mexican citizenship for a uniform, olive drab,” Mr. de la Peña told me. “It was the best decision I ever made.”

“Now,” he continued, “I want to pay America and Virginia back for the opportunities it afforded me by doing what I can to create an environment in which others can achieve all that their potential allows. That’s why I’m running for governor, to bring hope and opportunity to all the people of the commonwealth.”

Mr. de la Peña has strong words for what he calls “the liberal elites” who presume immigrants like him are natural Democrats and support a hard turn to the left. “Just like everyone else, [immigrants] want the chance to make it in America. We don’t want handouts. We want to work hard and build a better life for ourselves and our children. I did and I know others can too, given the chance. What the liberals in Virginia now are offering are the kinds of proposals that took Venezuela from the most prosperous country in Latin American to just about the poorest.”

“Socialism always fails,” he said. “It hurts countries and it hurts most the people it’s supposed to help. The elites, meanwhile, continue as before, fat, happy and comfortable in the belief they’re helping. I’m not afraid to say that and I won’t be intimidated into not speaking my mind. I’ve seen it firsthand and I know what I’m talking about.”

Mr. de la Peña doesn’t fit the media caricature of a typical Republican. His policy positions are thoroughly Reaganite, which the traditional GOP vote outside Northern Virginia will find appealing. If the voters who live in the counties and communities connected to the region around the Capital Beltway—many of whom, like him, are immigrants to the United States who’ve been voting Democrat for many years—give him a fair hearing, he’s confident he can win many of them over. Enough, at least, to form a winning majority that will make him the commonwealth’s next governor.


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The End Game – What Went Wrong

By Peter RoffNewsweek

It would be nice if everyone had given their attention to how quickly Congresscompleted its work Wednesday. How, after a brief disruption, it counted the electoral ballots and confirmed President-elect Joe Biden and Vice President-elect Kamala Harris‘s victory. That the norms were upheld and the victorious indeed emerged triumphant.

It would be nice—but it would ignore the elephant in the room.

Many regard the U.S. Capitol with the same kind of awe and reverence shown by Jimmy Stewart’s character in Mr. Smith Goes to Washington. I know I do and, after nearly 40 years of being intimately involved in the political process, I confess a great deal of earnest sentimentalism has managed to survive beneath my hard-shell journalistic cynicism.

The Capitol is an amazing building, unique for what it represents. To the world, its dome means freedom, liberty and equality. It stands for the idea every man and woman has an equal chance to succeed, unhampered by those factors that in other nations perpetuate class, caste and regional differences. We are, as a friend often reminds me, a great country full of amazing people who often do amazing things.

What happened Wednesday is an abomination. More than that, it sullies the very democratic institutions and processes those who came to protest the counting of the Electoral College ballots in what they believe is a stolen election said they had come to protect. Spontaneous or not, the assault on the Capitol was an affront to us all, DemocratsRepublicans and independents alike—no matter who committed it.

As has been argued by others, President Donald J. Trump bears considerable responsibility for this madness. He sent those people off on a mission believing they were patriots standing up against the culmination of a corrupt process that denied him a second term. That is not, however, an indictment of the nearly 75 million Americans who voted for him in November.

Donald Trump
President Donald Trump speaks at the “Stop The Steal” Rally on January 06, 2021 in Washington, DC.TASOS KATOPODIS/GETTY

Those who broke the law should be sought out and, if apprehended, punished to the full extent allowable by law. Those who entered the Capitol to ransack it not only made a mockery of the majesty and ritual with which America’s legislative process is conducted, they proved the Founding Fathers to have been correct in every way in which they warned against the dangers of the mob.

There is a coarseness in politics today that, for some time, has debased our democratic system. James Madison warned that partisanship would be problematic. We can see now how prescient he was. Disagreement and dissent are now too often presented as dishonorable, especially by the people on the other side of any given disagreement. The plain fact is there’s plenty of blame to go around, and the mob that attacked the Capitol were no more “patriots” than the assassins of the two New York City police officers murdered in 2014 while sitting in their cruiser were “civil rights activists.”

Words are the way we are supposed to settle things—not violence. That’s what my mother and father taught me and, I presume, it’s what most of you who are reading this now were also taught in your formative years. The disputes we have over the outcome of the 2020 presidential election, whether grounded in reality or a fantasy-fueled attempt to hang onto power, cannot and will not be settled by brawling or attacking democratic symbols.

As a new administration comes into office, hopefully both Democrats and Republicans will adopt a calmer approach to settling differences. The persistence of our democratic republic is a tribute to the vision of the Founders and the living legacy of men like Washington, Adams, Jefferson, Lincoln, the Roosevelts, Kennedy and Reagan—all of whom did so much to give it life. It is a tribute to them that our institutions and our democratic republic have not yet crumbled on account of the lesser lights who have been sometimes chosen to lead it.

However unfairly Mr. Trump was treated during his presidency, he must realize at some point that he brought many of these indignities upon himself. He chose to throw sharp elbows and should not have been surprised when they were thrown back. He could have left the presidency on a high note, confident he’d built a movement that would outlast him and that, in just four years, he’d successfully pushed policies leading to greater peace and prosperity (at least before COVID-19 hit). Ultimately, he surrendered to the lesser parts of our nature and seems, for the moment at least, to have destroyed any meaningful legacy he might have left.


As Dems Retake Government, Standoff With Party’s Left Flank Looms

First Dem-controlled gov't in a decade means fights over filibuster, court packing, socialist agenda

By Charles Fain LehmanThe Washington Free Beacon

Victory in Georgia has guaranteed Democratic control of the White House and Congress, giving President-elect Joe Biden expanded options but also denying him cover from the demands of his party’s radical left wing.

Raphael Warnock and Jon Ossoff’s surprise double triumph on Tuesday makes possible many of Biden’s more expansive legislative priorities, such as his promised revisions to Obamacare or his $2 trillion climate plan. But it also means that he has lost the convenient excuse of a Republican-controlled Senate, which would have allowed him to refuse the more revolutionary changes endorsed by members of his party.

Instead, progressive groups are already agitating for proposals such as ending the Senate’s filibuster. Eli Zupnick, spokesman for the left-leaning Fix Our Senate, responded to the news of Warnock and Ossoff’s victory with bluntness: “What does this election mean? The filibuster is dead.”

Similar calls will soon emerge from other corners, pushing for court packing, the addition of new states, radical appointees, and the agenda of the House’s socialist “squad” caucus. Paradoxically, Biden’s victory in the Senate may have set up an even greater battle: not against Republicans, but across the ever-growing fault lines which divide his party.

As much is particularly true due to the razor-thin margin by which Democrats control government. They will hold the Senate only through the grace of Vice President-elect Kamala Harris, while Republicans chipped away at their already narrow control of the House in the November election.

That margin will come into play over a likely contentious debate over the filibuster. Democrats’ sub-60-vote position means that Sen. Mitch McConnell (R., Ky.) can still stall much of Biden’s agenda, as he did in the latter days of the Obama administration. Recognizing this, soon-to-be majority leader Chuck Schumer (D., N.Y.) has repeatedly signaled an openness to ending the practice.

In this, Schumer has been joined by progressive members of his caucus such as Sens. Elizabeth Warren (D., Mass.) and Bernie Sanders (I., Vt.), as well as former president Barack Obama. But blue dog senators have been hostile: Sens. Joe Manchin (D., W. Va.), Kyrsten Sinema (D., Ariz.), and Jon Tester (D., Mont.) are all opposed, while Sen. Mark Kelly (D., Ariz.) has dodged the question. So too has Warnock, while Ossoff offered only a “maybe” when asked.

Abolishing the filibuster would be a prerequisite for another major change Schumer has been eyeing—granting statehood to the District of Columbia and possibly Puerto Rico, guaranteeing two to four more Democrats in the upper chamber. But it would not be necessary to add further justices to the Supreme Court, a move many Democrats agitated for in the wake of Justice Amy Coney Barrett’s appointment. Biden has remained conspicuously silent on the issue of court packing, which would require his involvement but would see the ostensible moderate yielding to progressives over the majority of Americans.

Such major changes are not the only place Democratic control could be a headache for Biden. McConnell’s control of the Senate was expected to moderate Biden’s selection for top posts, and the president-elect has leaned toward the center in many of his taps.

But a Democrat-controlled Senate will allow more controversial choices, like the inflammatory OMB pick Neera Tanden, a serious hearing Biden may not have expected. And it could give new life to appointment priorities from the left, like the list of 100 foreign policy progressives that until Tuesday appeared dead on arrival.

A similar headache may await House Speaker Nancy Pelosi (D., Calif.), as a smaller caucus gives more power to the growing “squad” of Democratic socialists in her chamber. A cadre of online progressives spent the days leading up to the vote for speaker agitating for Reps. Alexandria Ocasio-Cortez (D., N.Y.), Ilhan Omar (D., Minn.), and others to withhold their votes unless Pelosi agreed to allow a vote on Medicare for All. Ocasio-Cortez shot down the idea but acknowledged it—indicating future pressure efforts may be more fruitful.

Pelosi, in other words, could experience a redux of the standoffs that defined the relationship between former speaker John Boehner and the House Freedom Caucus, which ended with Boehner’s resignation. Biden, similarly, risks his agenda being hijacked—not by obstreperous Republicans, as expected, but by members of his own party eager to seize power.


The best path forward is bipartisan statesmanship, not the 25th Amendment or impeachment

By David DavenportWashington Examiner

Americans are bandwagon people, jumping quickly from one opinion to another. Once we jump, we want to fire up the engines and go full speed ahead.

Now, in the wake of the Capitol insurrection, many want to impeach the president right now or use the 25th Amendment of the Constitution to remove him from office less than two weeks before his scheduled departure.

The fact is that our Founders designed an ocean liner government, not a speedboat. The government is intentionally designed not to take sudden turns or execute instant changes of course. The republic was constructed with all manner of filters, checks and balances, and separations of power, requiring time and deliberation to change course. Our Founders urged that we follow “the cool, deliberate sense of the community” over time, not the passions and factions of the moment.

Impeaching a president requires not just a vote of the House to impeach but a subsequent trial in the Senate. The most recent impeachment trial, of President Trump himself, took approximately three weeks to complete. At five weeks, former President Bill Clinton’s impeachment trial was even longer.

The notion that a president would be impeached, prepare, and stand for a full trial in less than two weeks (with both chambers on recess and out of town, no less) is simply not realistic. Our system was not built for that kind of speed. It was built for deliberation.

The use of the 25th Amendment is also problematic. It is really designed for a president who is disabled, not one we no longer trust. All three times it has been used involved medical procedures for former Presidents Ronald Reagan and George W. Bush.

Like impeachment, it is also a complicated process that will take time, requiring first a declaration by the vice president, supported by the majority of the Cabinet, that the president is “unable to discharge the powers and duties of his office.” Does not liking or trusting how he is discharging them render him “unable”? I doubt it.

Then, the president could dispute the declaration, causing Congress to reconvene and decide the matter (requiring a two-thirds majority vote to find him “disabled”) within 21 days. By then, of course, Biden will be president.

Removing the president promptly, then, is highly unlikely through the push of a constitutional button. But there is another alternative, one that the Founders also contemplated: We will need statesmen and leaders to help guide us through the next two weeks.

We will need Vice President Mike Pence, who stood up and told the president he could not change the electoral vote, and who apparently also called for the National Guard to help quell the riots, to step up. It will mandate that members of Congress worry less about how they look to Trump’s political constituencies and care more about how they lead the republic. It will call for more from Republican Sens. Mitt Romney and Ben Sasse and less from the intemperate Sens. Josh Hawley and Ted Cruz.

In our time, we think any problem should be fixed immediately, like that truck I saw hauling sod down the freeway with its sign reading, “Instant grassification.” But a democratic republic is a slow, careful, deliberative, sometimes messy business. However, it does respond to the voice of the people, more often through leadership than through structural processes.

We will be healthier in the long run if we survive the next two weeks through greater bipartisanship and leadership rather than through more Senate trials or divisive impeachment and 25th Amendment votes. Let the rational voices stirred by the mob this week, and the steadier leadership we have seen from some of our leaders, see us through.

It’s not only the best way. Given the limited time for the alternatives, it is the only way we will make it.


The New York Times Is Now Officially Chinese Communist Propaganda

By giving comfort to China's evil regime, the New York Times is showing its true colors.

By David MarcusThe Federalist

The New York Times Is Now Officially Chinese Communist Propaganda

The New York Times has a long, sordid history of being in bed with brutal authoritarian regimes. From Walter Duranty praising the goodness of the Soviet Union to the Times’ gentle treatment of Adolf Hitler, the paper of record is always on board with tyranny. The current generation of gatekeepers at the Gray Lady is no exception. In a shocking and sickening article this week, author Li Yuan celebrates Chinese “freedom.”

The article beams about how China has gotten its society back to normal after unleashing a deadly plague on the planet and lying about it. They eat in restaurants, they go to movies, and they are free from fear. They have the freedom to move around, the Times proclaims, assuring us this is the “most basic form of freedom.” Really? Do the 1 million Uighurs currently in concentration camps have “freedom of movement”? They must have been unavailable for comment, as they aren’t mentioned once in this advertisement for the Chinese Communist Party.

It would be one thing if the New York Times were dedicated to offering space for a wide range of opinions, even borderline evil ones such as this absurd article offers. But this is the same newspaper that took down a piece by Sen. Tom Cotton because it suggested using the National Guard to protect cities being burned and looted by leftist radicals. That opinion was a bridge too far, but shilling for a regime that does not allow free speech and forces sterilization is just asking questions.

Freedom from fear. My God. Is this what America has become? Are we ready to take the advice of our nation’s most powerful newspaper and throw away our right to speech, religion, democracy, and family in the sad search for some impossible form of perfect safety? The behavior of many Americans during the lockdowns suggests that some are. The rest of us, those who love liberty, must fight back.

It’s not just the New York Times; take a look at this gem from The Economist.

A “more Chinese-style global industry”? What does that mean? Slave labor? It’s efficient, it lowers prices, and the slaves might well be kept free from disease so they live long productive lives doing exactly what their government tells them to do. This is a warning. Those in power in the media, so wedded to big tech and multinational corporations, seem just fine with a world in which you have no freedom and they use your labor to make billions in the name of safety and freedom from fear.

This is America, God dammit, and the New York Times can go to hell. These people have lectured us for four years about Donald Trump supposedly trampling the norms of American democracy, and now they turn around and tell us we should be more like China? This is much more than a culture war at this point. This is a fight for the very soul of the greatest nation on earth — which, even though the Times doesn’t know it, is the United States, not the People’s Republic of China.

Useful idiocy is reaching new heights. China’s hooks are so deeply embedded in our media that it can’t even call out slavery and concentration camps. Meanwhile, in China, printing even a gentle gibe at Xi Jinping can get you killed. Is that the glorious new form of freedom that our betters want for us? Does the New York Times want the government to tell them what to publish? I honestly don’t know the answer to that at this point.

Let us be clear, the Chinese Communist Party is an evil, repressive, and murderous regime. It is not the future of freedom. It is not setting an example that free people should or will follow. And we won’t. Unlike in China, Americans have 400 million guns, and if our government tries to take the New Times’ advice and crush our freedoms, they will hear them roar. This is a time for choosing. This is a time to stand up and say that our rights come from God, not the government or the New York Times. Stand up, America, before it is too late.


A Guide to Wokespeak

Notes on the ascendant Left’s new terminology.

By Victor David HansonNational Review

ith the rise of the Left inevitable over the next two years, the public should become acquainted with the Left’s strange language of Wokespeak. Failure to do so could result in job termination and career cancellation. It is certainly a fluid tongue. Words often change their meanings as the political context demands. And what was yesterday’s orthodoxy is today’s heterodoxy and tomorrow’s heresy. So here is some of the vocabulary of the woke lexicon.

“Anti-racism.” Espousing this generic compounded -ism is far preferable to accusing particular people of being “racists” — and then being expected to produce evidence of their concrete actions and words to prove such indictments.

Instead, one can pose as fighting for “anti-racism” and thereby imply that all those whom one opposes, disagrees with, or finds distasteful, de facto, must be for “racism.”

“Anti-racism” is a useful salvo for students, teachers, administrators, public employees, political appointees, and media personnel to use peremptorily: declare from the start that you are working for “anti-racism” and then anyone who disagrees with you therefore must be racist, or, antithetically, “pro-racism.”

Oddly, such Wokespeak “anti-” adjectives denote opposition to something that no one claims to be for. For each proclaimed “anti-racist,” “anti-imperialist,” or “anti-colonialist,” there is almost no one who wishes to be a “racist” or desires to be a “colonialist” or an “imperialist.” These villains mostly come to life only through the use of their “anti-” adjectives.

“Disparate Impact.” This word is becoming anachronistic — call it Wokespoke, if you will. In ancient labor-law usage, it often accompanied the now equally calcified term “disproportional representation.” But in 21st-century American Wokespeak, it is no longer necessarily unfair, illegal, or unethical that some racial, gender, or ethnic groups are “over”-represented in certain coveted admissions and hiring.

Thus there can be no insidious, silent, or even inadvertent, but otherwise innate, bias that results in now-welcomed disproportional representation.

“Disparate” thus will likely be replaced by a more proper neologism such as “parity” or “affirmative” impact to denote that “overrepresentation” of one group over another is hardly “disparate,” but just and necessary to restore “parity” for past crimes of racism and sexism.

So disparate impact in general no longer has any systematic utility in matters of racial grievance and will soon be dropped. It was once a means to get to where we are and beyond. For example, at about 12 percent of the population, African Americans are disproportionally represented as players in both Major League Baseball (8 percent), and the National Basketball Association (75–80 percent), as are “whites” likewise in both sports, who constitute 65–70 percent of the general population, but make up only 45 percent of the MLB and 15–20 percent of the NBA. No constant term can be allowed to represent facts such as these.

“Cultural appropriation.” This adjective-noun phrase must include contextualization to be an effective tool in the anti-racism effort.

It does not mean, as the ignorant may infer from its dictionary entries, merely “the adoption of an element or elements of one culture or identity by members of another culture or identity.”

Asian Americans do not appropriate “white” or “European” culture by ballet dancing or playing the violin; “whites” or “Europeans” surely do appropriate Asian culture by using non-Asian actors in Japanese kabuki dance-drama.

For non–African Americans, dreadlocks or playing jazz are cultural appropriations; dying darker hair blond is not. A black opera soprano is hardly a cultural appropriationist. Wearing a poncho, if one is a non–Mexican-American citizen, is cultural theft; a Mexican-American citizen wearing a tuxedo is not.

Only a trained cultural appropriationist can determine such felonies through a variety of benchmarks. Usually the crime is defined as appropriation by a victimizing majority from a victimized minority. Acceptable appropriation is a victimized minority appropriating from a victimizing majority. A secondary exegesis would add that only the theft of the valuable culture of the minority is a felony, while the occasional use of the dross of the majority is not.

“Diversity.” This term does not include false-consciousness efforts to vary representation by class backgrounds, ideologies, age, or politics. In current Wokespeak, it instead refers mostly to race and sex (see “Race, class, and gender”), or in practical terms, a generic 30 percent of the population self-identified as non-white — or even 70 percent if inclusive of non-male non-whites.

“Diversity” has relegated “affirmative action” — the older white/black binary that called for reparatory “action” to redress centuries of slavery, Jim Crow, and institutionalized prejudice against African Americans — to the Wokespoke dustbin.

“Diversity” avoids the complications arising out of past actionable grievances, or worries about the overrepresentation or underrepresentation of particular tribes, or the class or wealth of the victimized non-white.

The recalibrated racially and ethnically victimized have grown from 12 percent to 30 percent of the population and need not worry whether they might lose advantageous classifications, should their income and net worth approximate or exceed that of the majority oppressive class.

“Diversity, equity, and inclusion.” This triad is almost always used in corporate, professional, and academic administrative titles, such as in a dean, director, or provost of “Diversity, Equity, and Inclusion.”

Known more commonly by their familiar, abbreviated sobriquets of “diversity czars,” such coveted billets are usually immune from budget cuts and economic belt-tightening. Often such newly created czar positions are subsidized in times of protest and financial duress by increasing the reliance on exploited part-time or low-paid workers, by either cutting or freezing their hours, benefits, or salaries.

No “equity czar,” for example, can afford publicly to be concerned about university exploitation of all part-time faculty. (See also under “Equity.”)

“Diversity” and “inclusion” are not synonymous or redundant nouns. Thus they should be used always in tandem: One can advocate for “inclusion” without oneself actually being “diverse,” or one can be “diverse” but not “include” others who are “diverse.” However, serving both diversity and inclusion ideally implies that those hired as non-white males are entrusted to hire additional non-white males.All Our Opinion in Your Inbox

“Equity.” Equity has now replaced the Civil Rights–era goal of “equality” — a word relegated to vestigial Wokespoke. After 60 years, equality apparently was exposed as a retrograde bourgeois synonym for the loaded “equality of opportunity” rather than a necessary, mandated “equality of result.”

Since seeking equality does not guarantee that everyone will end up the same, “equality” became increasingly unhelpful. Equity, in contrast, means that we do not just treat people at this late date “equally” — since most have been prior victims of various -isms and -ologies that require reparatory considerations.

“Equity” instead means treating people quite differently, even prejudicially so, to even the playing field for our past sins of economic, social, political, and cultural inequity.

“Hate speech.” Most of the incendiary “free speech” protected under the First Amendment is in actuality “hate speech,” and therefore deserves no such protection. If America were a properly woke society, then there would be no need for the First Amendment.

Like much of the vocabulary of Wokespeak, the notion of “hate speech” is not symmetrical. It cannot be diluted, subverted, and contextualized by false equivalencies. So the oppressed, occasionally in times of understandable duress, can use generic gender and race labels to strike back at the oppressor (see “Leveling the playing field”).

Crude stereotypes can be occasionally useful reminders for the victimized of how to balance the predictable hurtful vocabulary of the victimizer. In times of emotional trauma, the use by the oppressed of emphatics and colloquials such as “cracker,” “honky,” “gringo,” “whitey,” or “white trash” can serve as useful reminders of how “words matter.” In general, the rare and regrettable use of purported “hate speech” by one oppressed group against another is not necessarily hate speech, but usually a barometer of how a majority lexicon has marginalized the Other.

“Implicit bias.” “Implicit” is another handy intensifying adjective (see “Systemic racism”). Implicit bias, however, differs somewhat from “systemic racism.” It is analogous to a generic all-purpose antibiotic, useful against not just one pathogen but all pathogens, such as sexism, homophobia, nativism, transphobia, etc., that make up “bias,” a word that is now rarely used without an intensifying adjective.

Also, “implicit,” while implying “systemic,” additionally suggests chronological permanence, as in “innate bias.”

Thus “implicit bias” denotes a hard-to-detect prejudice against the non-heterosexual, the non-white, and the non-male that is sometimes as nontransparent as is it innate to the DNA of the heterosexual white male. Diversity trainers and workshops are needed to identify and inoculate against the virus of implicit bias.

“Intersectionality.” Race, class, gender, and other individual characteristics supposedly “intersect” with one another as shared victimizations. Thus, the community of the oppressed is commonly crisscrossed, and therefore amplified by such osmosis of shared grievances. The postmodern “intersectionality” has replaced the apparently now-banal term “rainbow coalition.”

In theory, the more shared victimizations, the higher the ranking one enjoys within the intersectional community.

However, when intersectionality results in stubborn tribal rivalries and struggles over identity-politics spoils, either one of two things follows: On the good side, those with the most oppressions (e.g., gay women of color) are the most rewarded accordingly. But on the bad side, the intersectional graph is blurred into rank Balkanization or worse.

bellum omnium tribūum contra omnes tribūs follows, as the number of victims outnumbers the victimizers. Unfortunately, reparatory claims then must be fought over intrasectionally, i.e., each offended tribe unites monolithically in opposition to the others: e pluribus tribibus una becomes plures tribūs ex una.

“Leveling the playing field.” Sports terms can become useful Wokespeak. So to un-level the playing field is to “level” it. Leveling does not mean insisting on equality of opportunity (i.e., ensuring a soccer or rugby field does not slope in one direction), given inherent inequity. After all, when one team has not had access to proper training facilities, it deserves to play on an advantageously sloped field.

So to “level” means most certainly to slope the field for the benefit of one team, which in other matters allegedly suffers from past disadvantage brought on by bias that can only be corrected by and compensated through downhill advantage — or bias.

“LGBTQ.” This is currently the most widely used woke sobriquet for the homosexual and transgendered communities (see “Intersectionality”), although almost no one can agree on what the letter Q actually stands for.

Most clumsy politicians invoke the combined abbreviations — but often mangle and mix up the letters — without knowing really who does and does not qualify within the larger rubric. The term assumes there are few if any different agendas among homosexuals, lesbians, bisexuals, and the transgendered — at least that might outweigh their common nonbinary affinities.

“Marginalized.” The marginalized are those dehumanized by the white majority culture on the basis of race, sex, and sexual orientation. On rare occasions, the category can be difficult to articulate, given the intrusion of irrelevant class considerations that supposedly remedy “marginalization.” Income and wealth, however, are transitory criteria; sex and race are not. Jay-Z, Barack Obama, and LeBron James are permanently marginalized in a way that an unemployed Pennsylvania clinger is not.

“Micro-aggression.” “Micro” is another qualifying adjective of our subtler age in which active race- and gender-based prejudices are almost impossible for the novice to spot.

Instead, adept micro-aggression experts and skilled diversity trainers can detect double entendres, gestures, inexplicable silences, facial expressions, fashions, and habits — the “code” that gives one away as an offensive sexist or racist. Such skills, much like cryptography, as mastering a cult’s hand gestures can be taught through workshops to the general population to enable them to break these silent systems of insidious aggressions.

“Proportional representation.” This, and its negative twin, disproportional representation, is another ossified term (see “Disparate impact”) that has largely served its 1990s purpose and is now relegated to Wokespoke.

Originally, it meant that various minority groups deserved to be represented in hiring and admissions, and in popular culture, in numbers commensurate to their percentages in the general population.

But in 21st-century Wokespeak, the goal of ensuring “proportional representation” can now be racist, sexist, and worse — given that females enroll in, and graduate from, colleges in far greater numbers than their proportions of the general population, or that African Americans, from lucrative professional sports to coveted federal jobs such as the U.S. Postal Service, are represented in number greater than their percentages in the general population.

To reflect new demographics, proportionality is becoming questionable; disproportionality is now almost good.

“Race, class, and gender.” Another Wokespoke, Neanderthal tripartite term that is dropping out of Wokespeak.

“Class” no longer matters much in America. Billionaires Mark Zuckerberg and George Soros are not enemies of the people; white impoverished deplorables in West Virginia certainly are. Oprah is a victim. So are Facebook’s COO Sheryl Sandberg and Michelle Obama. Class is an anachronism.

To ensure distance from the irredeemables and clingers, Wokespeak will soon likely reduce the catechism to just “race and gender.”

“Safe space.” Safe spaces on college campuses (see “Theme house”) are not just segregated by race, gender, and sexual orientation; they are better described as official no-go zones for identifiable white heterosexual males. It would be debatable whether particular non-white or non-heterosexual or non-male groups can intrude into the segregated spaces of other particular groups. In general, these segregated enclaves offer sanctuary against “implicit bias” and “systemic racism.” Labeling them as “segregated spaces” is proof of implicit bias and systemic racism.

“Systemic racism.” “Systemic” belongs to this newer family of intensifying adjectival epithets (e.g., “micro,” “implicit,” etc.) that are necessary to posit a pathology that otherwise is hard to see, hear, or experience.

When one cannot point to actual evidence of “racism,” one can simply say that it is nowhere precisely because it is everywhere — sort of like the air we breathe that we count on, but often can’t see or feel.

“Theme house.” Theme houses are university dorms or sponsored off-campus student housing segregated by race. “Theme” is a useful euphemism for segregation, given that in theory there can be dorms for those of all races who share musical, artistic, or scholarly interests — or “themes,” e.g., an opera dorm or History House. But, in fact, “theme” today refers usually to race, gender, and ethnicity.

In Wokespeak, everyone is for theme houses; no one is for racially desegregating them. Being against the racial segregation of college dorms can become racist; being for them is never racist. Picking a future college roommate on the basis of race can be allowed — if neither the selector nor the selected is so-called “white.”

“The Other.” See under “Diversity.”

“Unearned white privilege”— as opposed to mere “white privilege.” The intensifier “unearned” is usually an added-on confessional by middle-aged white people in administrative or elite professional and coveted billets who wish to express their utmost penance for their high salaries, titles, and influence.

“Unearned,” however, is not to be confused with “undeserved.” Instead, it suggests certain white elites who wish to publicly confess their guilt for doing so well but without having to resign and to give back what they admittedly claim they did not earn.

Thus a college president is allowed to confess to having enjoyed “unearned” white privilege that nonetheless does not mean his present position is “undeserved.”

In sum, despite the fact that he was unfairly catapulted into the presidency, the college president’s manifest genius displayed after obtaining the job means he is now woke and clearly deserves to remain in the post. In other words, what explicit “unearned” was then, implicit “deserved” is now.


In 2021, Watch What The Supreme Court Does With Philadelphia’s Ban On Christians Parenting Foster Children

It's clear the City of Philadelphia is far more anxious to punish the free exercise of religion than to serve its most vulnerable children.

By Yaakov MenkenThe Federalist

In 2021, Watch What The Supreme Court Does With Philadelphia’s Ban On Christians Parenting Foster Children

Not just foster care providers, but religious groups of all kinds are closely following the case of Fulton v. the City of Philadelphia. Indeed, all those who care about our nation’s children should be.

While this case before the U.S. Supreme Court to be decided in 2021 directly concerns the provision of foster care, by placing hypothetical arguments about non-discrimination ahead of the religious freedoms ensconced in the First Amendment — and ahead of children’s actual needs — the broader ramifications of the case threaten to force religion further from the public sphere.

In his dissent in Obergefell v. Hodges in 2012, Chief Justice John Roberts wrote:

The majority offers a cursory assurance that it does not intend to disparage people who, as a matter of conscience, cannot accept same-sex marriage. That disclaimer is hard to square with the very next sentence, in which the majority explains that ‘the necessary consequence’ of laws codifying the traditional definition of marriage is to ‘demean or stigmatize’ same-sex couples.

Fulton v. Philadelphia demonstrates how right Roberts was to be concerned. The attorney for the city, Neal Katyal, claimed during oral arguments that a religious foster care agency, by following the prescriptions of the religion which it represents, would “stigmatize” LGBTQ individuals, especially children. Having asserted that traditional religious beliefs are bigoted and damaging, he thus argues that they must be prohibited in practice.

In particular, the city’s claim that the stigma is associated with Catholic Social Services’s provision of foster care cannot withstand even a cursory examination. Whatever feeling of harm or stigma might be involved, it would emerge from the biblical belief — which is supposed to be protected by the First Amendment — that same-sex relationships are forbidden; whether or not this teaching was applied to foster care would be essentially irrelevant. Yet the city, knowing that it can’t directly attack religion, claims that the damage occurs when a religious foster care agency conforms to those beliefs.

Taking the attack on religion a step further, Philadelphia equated religious diversity with mutual hostility: its lawyer claimed that foster care would be “balkanized” if various religious groups were each allowed to serve children in need consistent with their religious beliefs, working with supportive families seeking to partner with those agencies. Frankly, it’s quite scary to see such open hostility to free, diverse religious practice from a city government — and one could hardly seek more decisive proof that freedom of religion is, in fact, on trial in this case.

The threat here is clear, and not limited to Catholics. In Judaism, we believe it essential to raise a Jewish child to learn both our books and our observances. If applied consistently, the city’s argument would prohibit a Jewish agency from insisting upon placing a Jewish child in a Jewish home. Rather than demonstrating the First Amendment’s respect for different traditions and beliefs, Philadelphia is demanding universal conformity to state doctrine.

What is most troubling in all of this is that the city has lost sight of the ultimate goal: to serve children in need of foster care. There is a grave shortage of families willing to open their homes to foster children, and religious agencies, by working specifically within their faith communities, can expand that pool.

Plaintiff Sharonell Fulton is but one of many who are certified by Catholic Social Services and have room in their homes to care for children. The city is keeping these foster care providers on the sidelines because of CSS’s religious beliefs, offering only theoretical arguments about hypothetical harms to justify callous denial of homes to children in need.

As was clear at oral argument, no same-sex couple has been prevented from fostering or adopting by Catholic Social Services, or ever would be. Were such a couple to ever present itself to CSS, attorney Lori Windham told the court, CSS would help the couple to find one of the many other agencies that can assist them and better attend to their needs.

Based solely upon a far-fetched, theoretical claim of “stigma” that reflects hostility towards biblical beliefs, the city’s actions are therefore forcing dozens if not hundreds of actual (very non-theoretical) children to languish in group homes and institutional settings rather than being placed with loving foster parents.

The city has made its disregard for children’s actual needs quite obvious. Responding to the fact that Catholic Social Services has provided foster care to needy Philadelphia children for more than two centuries, long before the government was involved, Katyal argued that “whatever these [private] entities did before, like CSS, they never selected who cares for kids in city custody, applying state criteria.” In other words, the city claimed that whether these children are wards of the state is a more central consideration than whether they need foster care.

This is heartless, and even more fundamentally flawed. To be sure, the city has notargued that CSS provides an inferior service. It even acknowledged that CSS has been a “point of light” in the child welfare system. Yet the city also claims that closing down such an agency and preventing it from helping the more than 250 children in need of a foster home today would somehow be a net benefit for society.

So it is not merely true that Philadelphia wishes to squelch free religious practice — it is also clear that the city is far more anxious to punish the free exercise of religion than it is to serve the city’s most vulnerable children. The shocking part is that it was necessary to go all the way to the Supreme Court to ask for the obvious: that the city of Philadelphia should both respect different religious beliefs, and put the needs of children first.


Left-Wingers in Disarray

Progressive efforts to staff the nascent administration backfire

By Washington Free Beacon EditorsThe Washington Free Beacon

George Soros / Getty Images

On Nov. 2, before the first votes in the presidential election had even been tallied, the foreign policy “experts” from the Blame America wing of the Democratic Party laid out their demands. Foreign Policy described their “wish list,” which included above all else their pick of jobs in the expected Biden administration.

They’d kept their mouths shut for six months and now they wanted their reward. Or, as Foreign Policy put it, they were preparing to “take off the gloves, setting the stage for a public brawl for the party’s soul over policy and political appointments to the most senior positions.”

But Biden’s victory was less sweeping than expected, and as early as Nov. 6, Foreign Policy was reporting that progressives were panicking that the election results would “ease pressure on Biden to offer progressives key positions in the new administration.”

Still, the nomenklatura have pressed on, presenting the Biden transition team with a list of 100 names they must consider for senior jobs in the new administration.

The list’s existence was first reported by Politico, but the Washington Free Beacon obtained the document and published it in full. It includes a rogue’s gallery of fringe figures—anti-Semites, operatives with deep ties to unsavory regimes, and the merely unserious and unqualified.

And it quickly became clear that the organizers did not want the list to see the light of day. The Free Beacon’s publication of the dossier elicited recriminations and finger pointing. List organizers accused the mainstream reporters with whom they’d shared the list—presumably, an accurate one—of leaking the document to their enemies (us). At the same time, they told us we’d obtained an inaccurate copy, representative only of “research materials.” False, unless they were bamboozling us all.

The contretemps is revealing of how quickly the Democratic Party’s progressive wing went from demanding to begging, and of the disorganization and unseriousness of its efforts. Turns out, one mainstream reporter said, that list organizers hadn’t even consulted with several of those named on the list before including their names and résumés without their permission.

Vanquished in the primaries and now at risk of exclusion from the new administration, they are in disarray. A compelling story, if anybody cared to cover it.


Advice for the GOP: Focus on the House, Think Like Democrats

By Peter RoffNewsweek

The noise generated by President Donald J. Trump’s contesting the outcome of the November election is drowning out the news that the results yielded more good than bad for the GOP. Once again, the much-ballyhooed “Big Blue Wave” broke up before it crashed on the shores. The Republicans gained net one governor, flipped at least two net state legislative chambers, maintained their good field position crucial to the upcoming post-reapportionment redistricting and, counting only contested seats, came out ahead in the national vote for Congress.

This leaves the party in better-than-expected shape heading out of the Trump era. Most of the focus now is on the two Georgia run-off elections, which will determine which party will control the U.S. Senate. Consequently, there’s been little discussion of what current House Minority Leader Kevin McCarthy (R-CA) and his allies should do when it comes time to organize the House.

Nancy Pelosi and the Democrats are heading into the next Congress with one of the slimmest majorities in history. A switch of just a handful of votes by so-called “moderate” Democrats, who claim they’re chafed every time Pelosi cracks the whip to drive her conference leftward, would block anything she wants to do—including her re-election to the speakership.

Among those moderates, 10 returning to the House in 2021 voted against her for speaker in 2019. That’s more than McCarthy needs to become speaker if he wins over those moderates and also maintains the unanimous support of his own conference, leaving Pelosi in a precarious position.

National politics being what they are, there’s almost no scenario in which a Democrat wishing to be re-elected votes for McCarthy over Pelosi even if such a vote would play well with most of the voters back home. Any Democrat who did that would have to change parties or risk re-nomination next time. But what if one of these alleged moderates, like Virginia’s Abigail Spanberger, Michigan’s Elissa Slotkin of New York’s Kathleen Rice, announced a last-minute challenge to Pelosi’s leadership?

They’ve said publicly they’re at least uncomfortable with Pelosi’s progressivism, and feel the actions of “The Squad” and others are a drag on the party’s future. So why not launch a revolution that would, on a bipartisan basis, drag the House back toward the center, matching what’s been billed as the upcoming centrist Biden presidency? McCarthy could probably deliver the GOP votes necessary to pull something like that off without needing too much in return. Maybe he’d settle for an agreement to increase the number of bills brought to the floor under an open rule, or an end to the proxy voting created to address pandemic-related concerns but no longer needed as vaccines are rolled out.

This has been done before—and recently, in both Texas and Ohio. Both states saw moderate Republicans chosen to lead their state’s Houses of Representatives, with the backing of Democrats wishing to block the installation of more conservative Republicans as speakers.

House Speaker Nancy Pelosi
House Speaker Nancy PelosiTASOS KATOPODIS/GETTY IMAGES

The arrangement in Texas was successful and lasted several sessions. Things in Ohio ran aground after the speaker was indicted on corruption charges—but the plan to put him in the chair still worked. To pull something like this off in the U.S. House, McCarthy and his inner circle will need to start thinking and acting like Democrats, at least politically, and turn up the heat on the moderates.

This isn’t just a fool’s errand. With the GOP sitting somewhere around 212 seats—pending the true finalization of one result in each of New York and Iowa—the pathway back to the majority is indeed achievable. Preliminary estimates of the upcoming reapportionment’s effect on who will control the House suggest that McCarthy and his compatriots should pick up at least six seats, with lines drawn fairly and without having to depend on the kind of extreme gerrymandering the Democrats used in places like California, Ohio and North Carolina to keep control of the House throughout the 1980s.

With control of the floor in doubt and with the country just having voted to eschew extremism in favor of a problem-solving approach to the nation’s woes, McCarthy can help himself by advancing the interests of the moderates in the other party over the progressives. To do that, he needs to be conciliatory while, at the same time, making every vote to move left a tough one. He must call on the Pelosi-skeptical faction of Spanberger, Slotkin, Rice, Tennessee’s Jim Cooper and Maine’s Jared Golden (whose congressional district Trump carried in 2016 and 2020) to be sensible and join with his caucus to vote down extreme Pelosi-backed proposals to raise taxes, drive up energy and food prices, make America less safe, and open the borders.

It’s doable. Most conservatives believe the fight against the socialist agenda will come in the Senate—which is why the GOP must win the Georgia run-offs, so Kentucky’s Mitch McConnell can remain majority leader. If he doesn’t, new Senate Majority Leader Chuck Schumer (who will be spending much of the next two years worrying that Alexandria Ocasio-Cortez (D-NY) might soon primary him from the left) will let every extreme proposal under the sun, from court-packing to publicly funded abortion, sail right through.

The Senate-focused conservatives may be right. McConnell can be counted on to stop anything extreme from coming to the floor. And a Schumer-led Senate would probably be a nightmare for conservatives. With the right attitude and organization, however, coupled with the ability to apply pressure in the right ways and in the right places, McCarthy could have a similar effect in the House as McConnell can have in the Senate. Forcing a handful of self-described Democratic moderates to declare where they stand—with progressive Pelosi or with the people back home—is the beginning of the fight to keep America from lurching sharply to the left over the next decade.


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