Despite
the controversy surrounding Betsy DeVos, the Farrell Report
was one of the first to note that her approval to be Secretary of the
U.S. Department of Education was not in doubt. When you have
contributed more than $400 million to members of both political
parties, you can win a majority vote. Republicans won Tuesday’s
high noon shootout at the Senate’s OK corral with 51 votes.
The process could have been concluded last week, but Democrats had to
drag it out to placate their union and progressive allies.
To
quote the famous New Jersey philosopher and Major League Baseball
Hall of Famer, Yogi Berra, the confirmation process for Trump’s
Education Secretary-Designate Betsy DeVos was “… déjà
vu all over again.” Like the Democratic and Republican
senators voting on the 1991 confirmation of then U.S. Court of
Appeals-D.C. Circuit Judge Clarence Thomas (who was nominated by
President George H.W. Bush) for appointment to the U.S. Supreme
Court, a deal was made to let vulnerable senators of both parties
have the leeway to vote for or against Thomas. All they had to do
was to come up with 51 votes, and the final tally was 52-48 to
install him as an Associate Justice.
This
time around, with the Republicans holding a 52-48 Senate majority,
they had to rally their troops to get DeVos across the finish line.
Her good friend, Sen. Cory Booker (D-NJ), had to oppose her although
he believes in school choice and vouchers as fervently as DeVos (she
assisted him in his substantial chartering of the Newark, New Jersey
Public Schools and his proposal for school vouchers during his term
as the city’s mayor). Booker has received millions of dollars
in campaign contributions from DeVos, her family, and her school
choice cronies (e.g., the Koch Bros., Eli Broad, the Walton family,
and a bevy of Wall Street financiers) since he first ran for office
in 1998. He has served with DeVos on boards and committees of
numerous school choice organizations (e.g., the Alliance for School
Choice and the American Federation for Children) since that time.
She granted him permission to cast a vote against her confirmation
since she understood that he could not stand with her because he had
to maintain his political viability as he pursues a run for president
in 2020. In exchange, Booker agreed to support DeVos’s school
choice initiatives once she takes office, a wink and nod.
(You may note that his January 18th statement against
DeVos was very mild in describing why he would not ratify her cabinet
appointment.)
Sen.
Booker found himself boxed in after Trump chose DeVos to head his
Department of Education. He had received significant support from
New Jersey’s teachers and from national teachers’ unions
in his two campaigns for the U.S. Senate; they had launched major
offensives to defeat DeVos. In addition, the bulk of the Democratic
Party’s progressive wing has viewed him as aligning with them
on social issues and as a strong supporter of traditional public
education. Moreover, the senior Democratic New Jersey U.S. Senator,
Bob Menendez, came out early and strong in his denouncement of the
DeVos selection also forcing Booker to follow suit.
Eli
Broad, arguably one of the most prominent national advocates of
corporate charter schools, sent a letter to the Senate that was
antagonistic to Betsy DeVos’s confirmation, joining with
teacher unions in asserting that she is a threat to public schools.
A long-term billionaire member of the education reform Cartel where
DeVos is his prominent colleague, Broad stuck a shiv in her back as
she reached for her dream job (Et tu Eli). He views her
ardent promotion of private school vouchers as a barrier to the
development of his budding national corporate charter school empire
and his efforts to pimp the teacher union lobby. Furthermore,
private school vouchers have a smaller constituency than corporate
charters which generate more profits because of their higher payout
rate. As Michael Corleone’s Consigliere, Tom Hagen, told one
of his Captains in the movie, Godfather I, as he was about to have
him executed for betraying Michael, “Michael understands it
was not personal, that it was business.” Eli Broad’s
attempt to kill Betsy DeVos’s chance of becoming U.S. Secretary
of Education was “just business.” Now that he has failed
to stop her, they will make an arrangement to work together to
continue privatizing public education as they have done in the past.
Public-sector
unions and education stakeholders were also bamboozled by two
Republican U.S. Senators, Lisa Murkowski (R-AK) and Susan Collins
(R-ME), who dramatically announced on the floor of the Senate that
they would not vote to confirm DeVos although both had earlier
sustained her nomination in the Health, Education, Labor, and
Pensions (HELP) Committee, where she won a narrow 12-11 majority,
with their two ballots, allowing it to go to the Senate floor. They
then voted with the Republican majority procedurally to allow the
Senate to confirm her. Thus, they had two opportunities to block her
ascendancy to become U.S. Secretary of Education and refused to do
so.
Sens.
Murkowski’s and Collins’s casting of no votes in the
final deliberations was a political sleight of hand. Yet, public
education advocates congratulated them for taking this so-called
principled stance, while ignoring the fact that either one of them
could have blocked DeVos by voting NO against her nomination in
Committee. Meanwhile, the HELP Committee chair, Sen. Lamar Alexander
(R-TN), thanked his colleagues for permitting the DeVos appointment
go forward for a final vote, another wink and nod.
In what some have
termed an unprecedented move, Vice President Mike Pence came down to
the Senate to cast the deciding vote in a 50-50 tie which had been
planned all along to make it appear that DeVos was hanging by a
thread. However, there are no precedents that govern the political
behavior of President Trump, his presidential administration, or his
strategies for the confirmation of his cabinet nominees. What we
have here is a bipartisan group of U.S. senators who found ways to
back DeVos’s appointment while condemning her candidacy
publicly. None of the Republican senators who had been targeted for
defection to provide the decisive third Republican no vote were ever
in play. Sen. Mitch McConnell (R-KY), the Senate’s majority
leader, was masterful in maintaining party discipline. Unions and
Democrats could learn a lesson or two from this political tactician.
Meanwhile,
President Trump will use DeVos’s victory to assail the
Democrats for their intransigence against a warrior for low-income
children and to have a badly needed touchdown celebration in the
aftermath of his botched executive order on immigration. His plan is
to soften them up so they can be steamrolled for the vote on his
recently nominated Tenth Circuit federal appellate judge, Neil M.
Gorsuch, for the Supreme Court.
In the interim,
McConnell is developing a strategy to secure bipartisan backing for
Judge Gorsuch. He has targeted eight of the Democratic Senators up
for reelection in 2018 in ten states Trump won. Five of these states
went to Trump in a landslide (Indiana, Missouri, Montana, North
Dakota, and West Virginia), and he won five narrowly (Florida,
Michigan, Ohio, Pennsylvania, and Wisconsin). McConnell believes he
can carry the Democrats from the landslide states and flip three of
the latter five with a massive deployment of boots on the ground to
campaign against them, bringing his vote total to sixty so he can
avoid a Democratic filibuster without having to resort to the nuclear
option to get rid of it altogether.
Under
our new Secretary of Education, Betsy DeVos, public education is
liable to descend into the “… valley of the shadow of
death,” and it is unlikely to emerge as the bulwark of our
democracy that it was.
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