Plyler v Doe Needs Reconsideration

Plyler v Doe Needs Reconsideration

By Joe Guzzardi

In Tennessee, controversial House Bill 793 and SB 836 that allow Tennessee school districts to deny enrollment to illegal alien students have taken another step toward becoming law. The bills would give permission to Tennessee schools to verify that, before enrolling them, children are citizens or have legal immigrant or visa status. Schools could then deny enrollment to the children who cannot prove their status or charge them tuition. The two versions differ in one key respect: the House bill makes it optional to check student immigration status. In the Senate version, immigration status checks are mandatory in Tennessee’s more than 1700 public schools and all public charter schools. The bills’ sponsors argued that the legislation is needed to both quantify the number of illegal alien students attending Tennessee schools and to protect the state’s limited financial resources. Opponents protested that the bill violates constitutional protections, particularly the 1982 U.S. Supreme Court ruling Plyler v. Doe, which guarantees access to public education regardless of immigration status.

On both sides of the aisle, passions ran high. House Democratic Caucus Chair John Ray Clemmons slammed the bill, and repeated clichés like, “Our country has a broken immigration system” and that the bill is about “punishing innocent children.” During the committee hearing, from the GOP side, Rep. Monty Fritts said, “We’re not talking about immigrants, we’re talking about illegals. There’s a distinct difference. There is no greater act of rebellion in these U.S. than illegally coming across that border.” The National Immigration Law Center issued a statement after the Senate vote that called the action a “shameful attempt to take away Tennessee children’s freedom.” The immigration advocacy firm is, it said, “prepared to defend the right to education for all alongside our partners in court.”

In June 2024, the Federation of American Immigration Reform wrote that under Plyler v. Doe, local schools are obligated to provide illegal alien children with a taxpayer-funded K-12 education. The cost is staggering. The nation’s price tag for educating illegal aliens’ children in 2022 was $70.8 billion. The data preceded the historic illegal immigrant surge that began in 2021 when President Joe Biden took office. Using Florida Rep. Aaron Bean’s conservative estimate of 500,000 new illegal aliens in U.S. public schools, the recent influx has added at least $9.7 billion in additional taxpayer costs. Bean chairs the Subcommittee on Early Childhood, Elementary, and Secondary Education, and summed up Plyler v. Doe’s effect on the nation’s classrooms in two words: “Wreaking havoc.”

Parents’ frustration with the ever-expanding illegal aliens’ enrollment is understandable. Every teacher minute spent with a non-English speaking student, some of whom come in and out of the classroom depending on their parents’ work obligations, is one less moment spent with a citizen pupil. The Nation’s Report Card which showed sharp declines in reading and math scores for 9-year-olds, is attributable to, at least in part, the steady arrival of non-English speaking pupils.

Plyler v. Doe must take into consideration the nation’s current population levels. In 1982, the year SCOTUS handed down its ruling, the U.S. had 232 million residents including roughly sixteen million legal and illegal immigrants. A Center for Immigration Studies analysis showed that government’s January 2025 Current Population Survey (CPS) fixed the foreign-born or legal and illegal immigrant population at 53.3 million and 15.8 percent of the total U.S. population— both new record highs. The January CPS is the first government survey adjusted to better reflect the recent surge in illegal immigrants. Unlike border statistics, the CPS measures the number of immigrants in the country, which is what determines their impact on society including education. Without adjusting for those the survey missed, the estimated illegal immigrant population accounted for 5.4 million or two-thirds of the 8.3 million increase in the foreign-born population since January 2021. CIS’ best estimate is that 11.5 to 12.5 million legal and illegal immigrants settled in the country in the last four years.

Given the dramatic illegal immigration surge over the last 40 years, states’ request to reevaluate Plyler v. Doe is a modest proposal. States spend billions to educate Limited English Proficiency (LEP) students while citizen children get less of their teachers’ attention. In the meantime, while Plyler v. Doe review plays out in the courts, the federal government, which writes and approves immigration law, should pay for states’ illegal aliens’ education, an unfunded mandate. The bills’ sponsors have said they hope the legislation could serve as a test case for the Supreme Court to revisit its 1982 Plyler v. Doe decision. “If Plyler v. Doe were to stand, the federal government might finally step up and send the states the money to fund these students,” said a GOP representative. On LEP programs, Congress contributes barely 1 percent of the cost despite the federal requirement for states to educate the children of illegal aliens. Congress’ indifference to citizen children’s diluted education while it funds an ongoing illegal immigrant surge into already overcrowded classrooms represents yet another America last policy.

Joe Guzzardi is an Institute for Sound Public Policy analyst. Contact him at jguzzardi@ifspp.org

Plyler v Doe Needs Reconsideration

Plyler v Doe Needs Reconsideration Plyler v Doe Needs Reconsideration

Will the US join the Commonwealth?

Will the US join the Commonwealth?

By Bob Small

Recently, there have been articles about the United States, a former colony of Great Britain, possibly joining the British Commonwealth, where the majority of members are also former British colonies

“In 1949, the London Declaration formally established the postcolonial Commonwealth on terms where republics were eligible to join without any allegiance to the British Crown. “ Charles III is the current head of the organization, though Baroness Patricia Scotland runs the day-to-day operations.

There are 56 nations in the Commonwealth many of whom will be represented at the next Commonwealth Games in Glasgow, Scotland in 2026.

If Donald Trump is invited again to a visit, he would be the first US president to be invited twice to visit.

Part of the values of the Commonwealth are member nations who are committed to “democracy and democratic processes, including free and fair elections and representative legislatures; the rule of law and independence of the judiciary; “along with protection of human rights and freedom of speech. We should qualify on all accounts.

If the US became a Commonwealth member, we would no longer send ambassadors to the UK and Canada. Rather we would appoint “high commissioners” to represent out interests.

By the way, the first US Ambassador to the UK was John Adams, circa 1785.

There’s some wishful thinking that joining the Commonwealth might help to smooth over relations with Canada, the UK, and the US..

Not everything has been “tea and crumpets” for the UK and the Commonwealth.

This article suggests four items the UK could do.

If you search through your favorite AI, there is loads of information on the Commonwealth of Nations going back to it’s birth during the formation of the infamous Balfour Declaration.

This was seen by many as a continuation of the British Empire.

See also two Guardian articles:

What is the Commonwealth if not the British Empire 2.0?

Sunak was brutally honest, so let me return the favour

Will the US join the Commonwealth?

Pennsylvania’s Other Special Election

Pennsylvania’s Other Special Election

By Bob Small

Besides the 36th District Senate Special Election on March 25, there was also State House 35 District Special Election, which the Democrat Candidate won handily.

The results were:

Dan Goughour (D) 6,797

Charles Davis (R) 3,757

Adam Kitta (L) 166

There was also a write-in candidate, Alex Pagareski, whom, no one voted for, not even Alex.

Dan Goughour has served as a Mckeesport Police Officer and was a member of the McKeesport Area School District. He said he plans to “strengthen public safety by providing funding for firefighters, police and first responders.”

Charles Davis was a member of the White Oak Borough Council and a volunteer firefighter. He ran on a platform of change and lower taxes.

There was a bit more information in the Ballotpedia entry, Pennsylvania House of Representatives District 35 special … including this quote from Charles Davis

“For over 50 years, Democrats have controlled HD-35, yet county data still shows that many areas in our district lack the resources, services, and support they desperately need. It’s time for new ideas.” Reading the “key messages” for Alex Pagareski, one kept waiting for the English translations. See also the Candidate Connection section.

Another perspective from a Pittsburgh TV station. included this statement, which could also apply to Delaware County “I want to bring some common sense back into the state, for one. It seems like we’re losing a lot of common sense.”

Pennsylvania House District 35 is in Allegheny County, and consists of 14 townships. It has always voted Democratic since it was formed in 1969. The current lieutenant governor, Austin Davis, was the most recognizable name to hold this office,

See also Democrats keep control of Pennsylvania House with …

For the obituary of the previous representative, see Matthew Robert Gergely Obituary January 19, 2025

DVD Rot Is One More Worry

DVD Rot Is One More Worry

By Bob Small

Until a few days ago, we had never worried about “DVD rot”.

Now we are hearing about it .

Though DVDs ”should last 30 to 100 years” Warner Brother DVD’s made between 2006-8 which requires DVD owners to “check inner ring codes for the suspect plant”.

Another point is that whyile Warner Bros says it will replace certain DVDs damaged some of the affected titles are no longer in print.

Thus your Humphrey Bogart DVD might be replaced by Scooby Doo.

Lastly, and we’ll just quote it here, there’s a tendency where DVD’s and other optical discs to oxidise underneath the reflective layer, causing the adhesive to de-bond and often resulting in a “milky” spot on the readable surface. “

Wait. There’s more! Over 600 Blu-ray Titles No Longer Work! Even Criterion, the “gold standard of DVD media, has had problems with some of it’s classics, including Citizen Kane. If you can’t trust Criterion for Citizen Kane,or Paris, Texas, well then you probably can’t trust anyone.

The next question to emerge is, “should we still buy DVD’s?”.

Why DVD Series Are Still Worth Buying in 2025 attempts to answer that question. Their reasons inclue

  • No dependency on internet connections.
  • Better picture and sound quality.
  • Special features”
  • Support for the physical media market”.

It seems that streaming is overtaking DVD’s, but there is a sizable, albeit older, minority still buying.

Unmentioned is a tendency among many of us to avoid monthly costs and sharing information online.

See also 5 Reasons Why DVDs & Blu-Ray Are Still Essential In The …

VCR’s also exist, even though they’re no longer making new players, many used players are on sale.

Places such as Good Will and Salvation Army, that sells DVDs also have VCR tapes, and for a fairly cheap price.

DVD Rot Is One More Worry

Snow Wrong

Snow Wrong

By Bob Small

One explanation for why the Disney Studio made the live action remake the way they did is that they believed Biden/Harris would win a second term. However that result turned out to also be a fairy tale.

(Rachel Zegler) is a pro-Palestinian spokeswoman whereas the Evil Queen (Gal Gadot) served in the IDF, and is vocally Pro-Israel. One imagines discussions on the set might have been very lively.

By trying to “empower” Snow White it unempowers the Prince. If you’re waiting for “Someday My Prince will come, spoiler alert it doesn’t)

And there’s more. Or rather less.

Not only are the Dwarfs removed from the title “– Snow White and the Seven Dwarfs” was the title in 1937 — it has been “de-dwarfed”, taking away work from dwarf actors such as Peter Dinkage, among others.

One of the best comparisons of this “artistic malfeasance” is this review which calls it “about as sensible as remaking “Singing in the Rain” as a cartoon.

Trigger warnings have been issued in the UK, saying that “a woman is deliberately poisoned” and “a girl is surrounded by ominous trees”.

Oh, the horror!

In an essay on the 2019 live-action version of Alladin, Aisha Harris wrote in The New York Times that “shoe-horned progressive messages only brings more attention to the inherent crassness of Disney’s current exercise in money-grabbing nostalgia”

Discussing this film, the concept of “endless splitting hairs over the authenticity (italics mine) of a fairy tale”.

See also:

Snow White review – Disney’s exhaustingly awful reboot

Snow White (IMDB reviews)

Snow Wrong

Detrans Awareness Day 2025

Detrans Awareness Day 2025

By Bob Small

Scott has left Vermont to return to Philadelphia. Maybe we do need a Pennsylvania Border Patrol.

Scott informed me that March 12 was Detrans Awareness Day. If you missed this, as did most of us, you can see it here: Detrans Awareness Day – LIVE from Capitol Hill

This 4th Detrans Awareness Day is sponsored by Genspect. Relatively new to the culture wars, this group was founded in June of 2021 by “gender-critical” psychotherapist Stella O’Malley.

Genspect works with Society for Evidence-based Gender Medicine (SEGM)

Both have been designated as “anti-LGBTQ hate groups b the Southern Poverty Law Center.

Check their list to see which one you might be long too.

Their enemy group is primarily World Professional Association for Transgender Health (WPATH)

At the conference, “one Detransition activist, Soren Aldaro”

urged legislation that would mandate insurance providers to cover “detransition treatment”.

Much as transition treatment has some coverage.

There was much criticism of the New York Times coverage of the event which Times described as being “anti-trans” as in this article by Katie Baker

Suffice it to say, the above is a situation that should rarely happen, if at all.

One next-to-last opinion Genspect and the illusion of good intent – Arsha’s Substack where the Blogger speaks to his father “To have these difficult conversations coming from a source of love and concern”

Not, we should add, from a wellspring of hate and condemnation.

Full Disclosure; My opinions on Transition, if anyone cares, have evolved to the opinion that transition should only occur when the transitioner has achieved the age of 18 and after a full year of therapy.

Detrans Awareness Day 2025

Judicial Watch And Who They Watch

Judicial Watch And Who They Watch

By Bob Small

Judicial Watch is a “conservative non-partisan educational foundation” whose motto is Because no one is above the law”. This group, which we also learnt about at the annual Bill of Rights Banquet, is in the news.

It has over 60 major legal wins since 2001 albeit few against Republican administrations.

One crusade concerns the extraordinarily extreme roadblocks created by authorities against those with whom they disagree.

While few of their fights are in support of traditionally liberal causes a recent one focused on animal rights, namely the controversial killing of the pet squirrel Peanut by New York State.

And they also took on former Vice-President Dick Cheney, which they unfortunately lost.

Judicial Watch has been praised by The New York Times as being “the group has forced the release of government records that would otherwise have been kept from the public.” quote from NY Times as per Wikipedia

All sides recognize Judicial Watch as conservative.

Judicial Watch notes though that corruption is nonpartisan and does not occur in one specific ideology.

A group that watches Judicial Watch is Democracy Docket which takes issue with Judicial Watch  lawsuit to purge thousands of voters in Pennsylvania.

Democracy Docket, by the way, was founded in 2020 by Democratic Party lawyer Marc Elias. Democracy Docket They have the support of Hillary Clinton and Eric Holder

We’ll be curious to see the actions of Judicial Watch over Trump’s current term.

Judicial Watch And Who They Watch 

By Bob Small

Judicial Watch is a “conservative non-partisan educational foundation”

Orioles’ Irishmen Lit Up Scoreboard

Orioles’ Irishmen Lit Up Scoreboard

By Joe Guzzardi

June 24, 1901, was a grand day for the Irish batsmen played who for the Baltimore Orioles’ third baseman-manager John J. McGraw, the son of Irish immigrants. Of the teams 22 hits in its 17-6 romp over the Detroit Tigers, Irishmen banged out 17. The Orioles had a team well-stocked with Hall of Fame-bound Irish hitters, and some of baseball histories most famous personalities.

Among the future Cooperstown inductees, McGraw was universally hated for grabbing runners rounding third by their belts, tripping or spiking them to keep them from reaching home. His colorful language directed toward umpires led to quick ejections; the “Little Napoleon” got the thumb 117 times. Not that McGraw paid attention to it, but his language was so foul that owners issued a ruling “A Measure for the Suppression of Obscene, Indecent and Vulgar Language on the Ball Field.” More than one hundred years after he hung up his spikes, McGraw still ranks third in on base percentage, .466, behind Ted Williams and Babe Ruth. McGraw reached base by choking up so far that he could have hit the pitcher’s offering with either end of his war club. Before the game began, McGraw ordered the field drenched and then left to dry until it was hard as cement. Once he reached the plate, McGraw would execute his famous “Baltimore Chop,” a batted ball which bounced high over infielder’s heads. By the time the bulb descended, McGraw stood safely on first base. Although rarely credited as such, McGraw—Mr. McGraw to his players— invented inside baseball and was unquestionably the Dead Ball Era’s most influential figure.

As a manager, McGraw had few peers. In 29 full seasons as the Giants’ pilot that spanned from 1902 to 1932, he led the New York Giants to 10 National League pennants, three World Series championships, and 21 first- or second-place finishes. His 2,763 managerial victories were second only to Connie Mack‘s 3,731 for the rest of the 20th century, but in 1927 Mack himself proclaimed, “There has been only one manager — and his name is McGraw.”

Another Orioles’ future Cooperstown inductee was Wilbert Robinson, one of the era’s best catchers and beloved by all. “Uncle Robbie,” led the Brooklyn Robins to two National League pennants. The incident for which Robinson is most famous occurred during Brooklyn’s 1915 Daytona Beach training camp. Aviator Ruth Lawl was making daily flights in the area, dropping golf balls as a publicity gimmick for the local courses. Eventually camp chatter among the Robins turned to the idea of catching a baseball dropped from the plane. Robinson, 53, accepted the challenge. On the big day, Law left the baseball back in her hotel room, and substituted a grapefruit which, when she released it from high altitude, landed in Robinson’s mitt and exploded, knocking him down and drenching him in warm juice. Thinking his own blood covered him, Robbie screamed for help, but his players were too doubled over with laughter to respond. Robinson was serious about baseball, however. The New York Times baseball scribe John Kiernan wrote that Robinson “… knew baseball as the spotted setter knows the secrets of quail hunting, by instinct and experience.” During his years with the Orioles, Robinson developed a close and long-lasting friendship with teammate John McGraw, 10 years his junior. The two men eventually went into business together, opening the Diamond Café, a Baltimore billiards parlor that featured a bar, a dining room, and a bowling alley.

Other Irish greats that appeared in that day’s lineup included Roger Bresnahan, a catcher who upgraded that position’s protective gear and during his career played all nine positions; Joe “Iron Man” McGinnity who, during August 1903, pitched and won both ends of a doubleheader three times; and “Turkey” Mike Donlin, so called because of his strut up to the plate. Donlin, one of the Dead Ball era’s best hitters who went six for six in the O’s rout of Detroit, was also a flamboyant playboy and heavy drinker whose misbehavior often landed him in jail. Later in his life, Donlin starred on Broadway and eventually on Hollywood’s silver screen where in starred in features directed by John Ford. Donlin’s career batting average was an impressive .340.

Irish players, born into humble immigrant circumstances and eager to succeed, dominated early 20th century baseball. Too many of their accomplishments have been overshadowed by the hype around lesser skilled but heavily promoted modern day players.

Joe Guzzardi is a Society for American Baseball Research member. Contact him at guzzjoe@yahoo.com

Orioles’ Irishmen Lit Up Scoreboard

Following Pennsylvania’s Unendorsed Judicial Candidates

Following Pennsylvania’s Unendorsed Judicial Candidates

By Bob Small

Two of the judicial candidates who were not endorsed, Feb. 8 by the Pennsylvania GOP are continuing their campaigns.

Maria Battista is still in the Superior Court race and Joshua Prince continues his quest for a seat on Commonwealth Court.

Commonwealth Court  was established in 1968 and and Superior Court in 1895. They are Pennsylvania’s intermediate appellate courts.

For a not too detailed analysis see Pennsylvania Court Structure

Maria Battista was a hearing examiner for three years, among many other postings.

In a Q and A with the Legal Intelligencer, she noted she a bachelors from Clarion University, Juries Doctorate from Ohio Northern University, masters in business Administration from Westminster College and a Docorate of Education from the University of Pittsburgh.

Recently, she has worked for the Pennsylvania Coalition of Nurse Practitioners.

Josh Prince heads the Joshua Prince – Civil Rights Defense Firm, P.C.

He is a cumlaude graduate of Montreal’s McGill University and the Harrisburg branch of Widener School of Law. His law firm focuses on Civil Rights law — such as unlawful seizure and Covid mandates, and Second Amendment issues.

His Endorsemne tpage includes six state representatives, a congress member, three county officials and a a representative of the Second Amendment Foundation.

He is married to Jessica.

The endorsement meeting is where state Sen. Greg Rothman beat businessman Bill Bachenberg to be become state GOP chairman.

“The Swamp may have won today but the MPGA and MAGA movement can’t be stopped. The PA GOP establishment has awoke a pride of sleeping tigers, stay tuned,” Bachenberg said.

Following Pennsylvania's Unendorsed Judicial Candidates

Following Pennsylvania’s Unendorsed Judicial Candidates

Blair County Fails Families Too

Blair County Fails Families Too

By Anonymous

From Pennsylvania’s bluest counties to the reddest of the red, family courts remain playgrounds for the connected and the wealthy, while children’s best interests are sacrificed for financial incentives and legal maneuvering.

This story centers on Blair County and a father named Rich Rose. 

Rich became a father in 2010, confirmed through a DNA test. Despite his commitment to his son, he was granted only twice-a-month visitation while the mother—who had multiple domestic violence convictions—was awarded de facto primary custody. This decision set the tone for years of rulings, where Rich’s parental rights were continually eroded. 

Rich says the system was stacked against him from the start. His ex had connections, including family members in high-ranking law enforcement positions, while he had no such influence. When the brake lines on his tow truck were mysteriously cut—an act that could have cost him his life—police declined to investigate.

Last March, after 15 years of shared custody, Rich lost all visitation rights. He has not seen his son in over a year. Not because of any wrongdoing on his part—he has no criminal record, no allegations of violence—but because of legal technicalities which he says were weaponized against him. He says that county officials and caseworkers operate with little oversight

They make policy-driven decisions that serve bureaucratic and financial interests rather than the well-being of children, he says. 

The Greater Father Involvement Act passed in 2022, highlights cases like Rich’s as evidence of a broken system. Judges misapply custody factors, prioritizing procedural loopholes over the real needs of children. Fathers across Pennsylvania and beyond have faced similar injustices, their rights stripped away based on unproven allegations while violent or unfit mothers retain control. 

Why would a stable, long-standing custody arrangement be abruptly overturned? Why would a judge allow one parent to be erased from a child’s life without cause? A fair and competent court would have dismissed such maneuvers within minutes. Instead, Blair County’s system, like many others, continues to enable legal manipulation that tears families apart.

Blair County Fails Families Too