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Saturday, June 25, 2016

John Thompson: Who Is Supporting the Original Vergara Decision? | Diane Ravitch's blog - Linkis.com

John Thompson: Who Is Supporting the Original Vergara Decision? | Diane Ravitch's blog - Linkis.com:

John Thompson: Who Is Supporting the Original Vergara Decision?

John Thompson, teacher and historian in Oklahoma, decided to check out what the supporters of the original Vergara decision were up to. They have appealed the reversal of the original decision. The original decision struck down California statutes that protect tenure and seniority. On appeal, that lower court decision was reversed by a unanimous court. Now the plaintiffs have filed an appeal, seeking to restore the original decision. Thompson wrote a direct letter to two distinguished legal scholars who filed amicus briefs, asking them to explain why they support a decision that was anti-tenure, anti-seniority, anti-teacher, and anti-union.
After reading the names of eminent scholars who signed an amicus brief in support of the plaintiff of Vergara v California, I sent a “say it ain’t so” email to a couple of them. I appreciate the responses that I received, but I must admit that they reinforced my fears about the continuing corporate reform, anti-teacher public relations campaign. As Jal Mehta explains, teaching is treated like a “semi-profession.” It’s bad enough that school reformers seek to silence our hard-earned insights, as they move us around like chess pieces, in the hopes that they can someday-over-the-rainbow devise a system of rewards and punishments that will transform our schools. It is sadder still that eminent jurists would agree that the noneducators in the Billionaires Boys Club have virtually no burden of proving that their hunches about school improvement would cause more good than harm to poor children of color.


Two legal scholars replied that they aren’t anti-teacher, and their brief is limited to a specific aspect of California constitutional law. I wonder if they would follow the same logic and write an amicus brief in support of a narrow point in the Citizens United case. After all, Vergara is just one part of a corporate assault on unions, collective bargaining and traditional public education governance; Citizens United was a similar attack on traditional electoral politics. But here is the vexing problem: legal scholars would never come out in support for Citizens United without conducting a careful review of the facts as well as the legal logic of the case. I wonder how many Vergara supporters have even read the evidence presented by the plaintiffs at trial. Had they done so, I wonder if they would see the disconnect between the experts’ narrow research John Thompson: Who Is Supporting the Original Vergara Decision? | Diane Ravitch's blog - Linkis.com: