Free Daily Headlines :

  • COVID-19
  • Vaccine Info
  • Money
  • Politics
  • Education
  • Health
  • Justice
  • More
    • Environment
    • Economic Development
    • Gaming
    • Investigations
    • Social Services
    • TRANSPORTATION
  • Opinion
    • CT Viewpoints
    • CT Artpoints
DONATE
Reflecting Connecticut’s Reality.
    COVID-19
    Vaccine Info
    Money
    Politics
    Education
    Health
    Justice
    More
    Environment
    Economic Development
    Gaming
    Investigations
    Social Services
    TRANSPORTATION
    Opinion
    CT Viewpoints
    CT Artpoints

LET�S GET SOCIAL

Show your love for great stories and out standing journalism
CT VIEWPOINTS -- opinions from around Connecticut

CCJEF v. Rell appeal more dangerous than status quo

  • CT Viewpoints
  • by Robert M. Goodrich
  • September 19, 2016
  • View as "Clean Read" "Exit Clean Read"

On Sept. 7, there was a moment when interest-convergence was happening right in front of us. As Superior Court Judge Thomas Moukawsher read his ruling on CCJEF v. Rell, advocates like myself started to believe that remedies for inequality were being granted permission to stand up and be recognized. To my consternation an appeal was filed.

I believe this appeal, filed by Connecticut Attorney General Jepsen, represents an unqualified dismissal of potential remedies.

Law professor, civil-rights attorney, and Critical Race Theorist Derrick Bell defines interest-convergence as the moment when “white people will support racial justice only to the extent that there is something in it for them.” In 1980, while writing a piece called Brown v. Board of Education and the Interest-Convergence Dilemma, professor Bell warned us that “Policies necessary to obtain effective schools threaten the self-interest of teacher unions and others with vested interests in the status quo.”

The appeal filed by Attorney General Jepsen, with approval from Republicans and Democrats in the Connecticut General Assembly, is a response to the threat of the lily-white special interests of teacher unions, and the threat to the vested power of the legislature, the Education Committee included. Neither group has had its constitutionally given rights or obligations challenged because Judge Moukawsher repeatedly demands collaboration on proposals.

The appeal is nothing more than an attempt at whitewashing the educational dilemmas affecting non-white, poor, and special education students in our state.

In his application to appeal,  Jepsen embraces a malignant narrative of color-blind constitutionalism (see Ian Haney-Lopez’s, White By Law) to dismiss over 5,000 exhibits, 2,000 fact admissions, 826 full exhibits, 50 witnesses, including nearly 20 education and financial experts, and 1,060 individual findings of fact as useless byproducts of a rogue judge. Among other things, he asks for a “reasonable time frame,” and a “stay.” This appeal is a primal call for what Judge Moukawsher refers to as the “idiosyncratic status quo.” This analysis is eerily reflective of Derrick Bell’s criticism from 30 years ago.

Bell’s 1980 criticism rings an even louder truth if we include his analysis about judicially provided remedies, which is what the legislature and the educational professionals are really afraid of. Bell states “a judicial remedy providing effective racial equality for blacks where the remedy sought threatens the superior societal status of middle and upper class whites” will be fought like a plague. This appeal represents a defense of white privilege. As Bell did in 1980, I will state that little has changed.

Incredulously, Jepsen and our legislators both agree with Judge Moukawsher’s qualified claims for rational, substantial, and verifiable changes to Connecticut’s educational system(s). They disagree with his methods, to the degree change has to happen, and hide behind a privileged veil of color-blind constitutionalism. Judge Moukawsher’s ruling highlights one of Derrick Bell’s primary concerns. Bell, as is Moukawsher, is willing to sacrifice local control of schools if and when it is merited. In the status quo there are vibrant examples where local control needs to be wrested away. Bridgeport, Waterbury, and Hartford public schools are a few of those examples. It’s merited because black and brown students are disproportionately at risk to be victimized by a system of oppression that is unchecked. No other reason is needed.

In his ruling, Judge Moukaswher urges our elected officials to do it now and in front of the court. Our hope is that elected officials, those individuals who have been, and who will be the locus for educational policy, still believe rational, substantial, and verifiable policies will reverse the systemic ills that make inadequate educational opportunities the bedrock for inequality in Connecticut. Simply and productively so, he put them on the clock. As advocates we can’t support any other position.

According to Jepsen’s logic, supported by our elected officials, non-white, poor, and special education students, as well as their families who are under-educated, under-served, and routinely victimized by the current system, should get to the back of the bus. This appeal is more dangerous than the status quo.

Sign up for CT Mirror's free daily news summary.

Free to Read. Not Free to Produce.

The Connecticut Mirror is a nonprofit newsroom. 90% of our revenue comes from people like you. If you value our reporting please consider making a donation. You'll enjoy reading CT Mirror even more knowing you helped make it happen.

YES, I'LL DONATE TODAY

ABOUT THE AUTHOR

SEE WHAT READERS SAID

RELATED STORIES
One step Connecticut can take to address our maternal mortality crisis
by Myechia Minter-Jordan, MD

Uncertainty. Fear. Worry. These are just a few of the thoughts and emotions that run through the minds of almost every expecting parent. And for many expecting Black parents, those feelings can be more acute. That’s because for far too many, having a child is a life and death struggle.

Connecticut lawmakers on aid in dying: two decades of delay, deferral, obstruction
by Paul Bluestein, MD

Very soon, members of the Connecticut House and Senate will be voting on HB6425, - the Medical Aid in Dying bill. More than 20 years ago, Oregon implemented its Death with Dignity Act. Since then, Washington, Vermont, California, Montana, Colorado, Maine, Washington DC, Hawaii and most recently New Mexico have passed legislation authorizing medical aid in dying for terminally ill adults. But not Connecticut.

The intersection of race, class and gender in America’s childcare system: The class edition
by Georgia Goldburn

When Michelle Obama declared that she wanted to become “Mom in Chief,” she spoke to a sentiment shared by many women, i.e. the desire to […]

A 71-year-old white woman has a request of the police
by Maggie Goodwin

Please officer, begin to look at every traffic stop and nonviolent police intervention as one where you will meet me, a white-haired 71-year-old retired social worker.

A progressive income tax to re-align Connecticut’s moral compass
by Ezra Kaprov

Redistribution of wealth and property is a fundamental and missing pillar of the hope for multi-racial democracy in the United States.

Support Our Work

Show your love for great stories and outstanding journalism.

$
Select One
  • Monthly
  • Yearly
  • Once
Artpoint painter
CT ViewpointsCT Artpoints
Opinion One step Connecticut can take to address our maternal mortality crisis
by Myechia Minter-Jordan, MD

Uncertainty. Fear. Worry. These are just a few of the thoughts and emotions that run through the minds of almost every expecting parent. And for many expecting Black parents, those feelings can be more acute. That’s because for far too many, having a child is a life and death struggle.

Opinion Connecticut lawmakers on aid in dying: two decades of delay, deferral, obstruction
by Paul Bluestein, MD

Very soon, members of the Connecticut House and Senate will be voting on HB6425, - the Medical Aid in Dying bill. More than 20 years ago, Oregon implemented its Death with Dignity Act. Since then, Washington, Vermont, California, Montana, Colorado, Maine, Washington DC, Hawaii and most recently New Mexico have passed legislation authorizing medical aid in dying for terminally ill adults. But not Connecticut.

Opinion The intersection of race, class and gender in America’s childcare system: The class edition
by Georgia Goldburn

When Michelle Obama declared that she wanted to become “Mom in Chief,” she spoke to a sentiment shared by many women, i.e. the desire to […]

Opinion A progressive income tax to re-align Connecticut’s moral compass
by Ezra Kaprov

Redistribution of wealth and property is a fundamental and missing pillar of the hope for multi-racial democracy in the United States.

Artwork Grand guidance
by Anne:Gogh

In a world of systemic oppression aimed towards those of darker skintones – representation matters. We are more than our equity elusive environments, more than […]

Artwork Shea
by Anthony Valentine

Shea is a story about race and social inequalities that plague America. It is a narrative that prompts the question, “Do you know what it’s […]

Artwork The Declaration of Human Rights
by Andres Chaparro

Through my artwork I strive to create an example of ideas that reflect my desire to raise social consciousness, and cultural awareness. Jazz music is […]

Artwork ‘A thing of beauty. Destroy it forever’
by Richard DiCarlo | Derby

During times like these it’s often fun to revisit something familiar and approach things with a different slant. I have been taking some Pop culture […]

Twitter Feed
A Twitter List by CTMirror

Engage

  • Reflections Tickets & Sponsorships
  • Events
  • Donate
  • Newsletter Sign-Up
  • Submit to Viewpoints
  • Submit to ArtPoints
  • Economic Indicator Dashboard
  • Speaking Engagements
  • Commenting Guidelines
  • Legal Notices
  • Contact Us

About

  • About CT Mirror
  • Announcements
  • Board
  • Staff
  • Sponsors and Funders
  • Donors
  • Friends of CT Mirror
  • History
  • Financial
  • Policies
  • Strategic Plan

Opportunity

  • Advertising and Sponsorship
  • Speaking Engagements
  • Use of Photography
  • Work for Us

Go Deeper

  • Steady Habits Podcast
  • Economic Indicator Dashboard
  • Five Things

The Connecticut News Project, Inc. 1049 Asylum Avenue, Hartford, CT 06105. Phone: 860-218-6380

© Copyright 2021, The Connecticut News Project. All Rights Reserved. Website by Web Publisher PRO