AZ AG Horne victory: Judge upholds ethnic studies ban

Sanity prevails

Federal District Court Judge A. Wallace Tashima has ruled on Tucson Unified School District’s (TUSD) appeal of the ban on the ethnocentric Mexican American Studies (MAS) Program, upholding the ban. The law was held to be constitutional, with one minor exception, Section (A)(3).

Judge Tashima said objections did not “meet the high threshold to establish a constitutional violation.” The 31-page ruling can be read here.

Arizona Attorney General Tom Horne, was formerly the two-term elected State Superintendent of Public Instruction when this issue arose. Horne, who personally argued the case in U.S. District Court in Tucson, issued this statement after the decision was announced: “This is a victory for ensuring that public education is not held captive to radical, political elements and that students treat each other as individuals — not on the basis of the race they were born into.”  His complete statement can be read here. The order was enforced the last day of Horne’s term and enacted by incoming Superintendent of Public Instruction John Huppenthal, whose name appears on the ruling. A search of his website lacked any press release regarding this defining issue for his office.

As Superintendent, Horne protested the program and was instrumental in passage of HB 2281 which “prohibits a school district or charter school from including courses or classes that either promote the overthrow of the United States government or promote resentment toward a race or class of people.” (Complete bill information here).

Interestingly, Horne ultimately had an unlikely ally in his efforts: The Arizona Republic.  After reviewing irrefutable evidence, the newspaper ran an editorial rightfully calling the data used to buttress the claims “repeated constantly by [the program’s] defenders that students perform better academically as a result of taking ethnic studies classes and that they go on to college more often” — “academically unsupportable.” Further the newspaper stated that officials who make such claims “are acting irresponsibly in doing so.” The editorial goes so far as to say the results “appear rigged.”

Enforcement of the law resulted in cancellation of TUSD’s racially discriminatory Mexican-American Studies Program after an independent Administrative Law Judge (ALJ) found that the program presented material in a “biased, political, and emotionally charged manner.” The ALJ also stated: “Teaching in such a manner promotes social or political activism against white people, promotes racial resentment, and advocates ethnic solidarity instead of treating people as individuals.”

Readers can refresh their memories regarding this ongoing and radical saga here.  Horne was killed in effigy by students as a thuggish mob of La Raza Studies supporters tried to shout down the Attorney General.

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21 Responses to AZ AG Horne victory: Judge upholds ethnic studies ban

  1. Villanova says:

    What I find of interest is that Judge Tashima was originally a Jimmy Carter appointee to the US Central District Court for California. He was then appointed to the Ninth US Circuit Court of Appeals by Bill Clinton. He is now on senior status and hearing federal cases such as this one in Tucson. As a Japanese American, he is clearly a minority as well as a Democrat. Yet he ruled in a manner that resonates with right thinkers rather than the extremists who approve of teaching Raza and Reconquista bigotry in Tucson‘s public schools. He proves that rational thought prevails — at least occasionally. Kudos to Judge Tashima!

  2. Sgt. Preston says:

    Even a broken clock is right twice a day.

    • Kent says:

      Clever response, Sgt. But hardly well conceived or fair. This is an important ruling affecting Arizona’s students and one for which I am grateful. Thank you for showing us wisdom, Judge.

      • Maggie says:

        Yes. And kudos also to Tom Horne for pursuing this. He successfully argued the case and has done a masterful job at every turn. Where is Superintendent Huppenthal? From what I can see, he’s basically been silent on the issue.

  3. Socrates1259 says:

    Huppenthal’s actions were vital to winning the case. The Judge specifically points to Huppenthal’s actions creating constitutionality of the statute. Huppenthal also helped win the state case, taking six months to meticulously develop the evidentiary record before proceeding to court.

  4. Socrates1259 says:

    “Huppenthal used caution.”

    “Moreover, the Huppenthal Finding does not include the same kinds of problematic assumptions and implicit biases that appear in …’s informal letter.”

    quotes from Judge Tashima finding law constitutional

    • Hometown Guy says:

      Huppenthal’s entire modus operandi is “caution.” The fact is he is unable to think on his feet and sends everything to committees for “review.” That was how he functioned as a state senator. Nothing changes. I lived in what was district 20 when he represented it and have some experience with his methods. He’s a decent guy, but calling him tentative is being overly generous.

  5. Tucson Voter says:

    Teaching students to hate America and our nation’s history in taxpayer funded public schools is beyond anything that remotely resembles reasonableness. Reconquista studies teach that the American Southwest belongs to Mexico and will be re-conquered. This program is vile.

    THIS is what they advocate. Pay attention. This hatred is real.

    • NewMexicanNative says:

      Once again, people like Tuscon Voter are scared a good part of their lives and are therefore living a half-life. The fact is, me and my White, Black, Hispanic, and Asian family will keep on reproducing (and making so-called mixed race children) and instilling the values of patriotism and acceptance of other cultures regardless of pants-wetting bigots who can’t wrap their heads around the fact that we value learning about our past. I look like a giant Apache (and part of my blood is that) but I also am part Irish. I teach my children about all aspects of my ancestry, as do many Americans like myself. Trying to whitewash over one part of my past in favor of another because of fear of resentment is idiotic. And, why would any Hispanics scheme to take over the Southwest? Current demographic data shows they already are the majority in TX, and are on a trend line to be the same in CA and CO. Sounds like you need to learn to accept the brown folks around you, Tuscon Voter, instead of being afraid they are plotting to return the southwest to some mystical Aztec nation. By your logic, White Supremists represent all white people and therefore all white people want to return to the confederacy and slavery for black people. My white wife assures me that’s not true, hahaha.

      • Rambling Rose says:

        Your credibility is nil. You threaten, nonsensically rant like a child and you can’t spell.

      • eubykdisop says:

        NewMexicanNative wrote: “Once again, people like Tuscon Voter are scared a good part of their lives and are therefore living a half-life.”

        ROFL! Who is scared? It’s quite clear that it is you and your fellow Liberals who are terrified, LOL! You are terrified of the truth spoken by Conservatives and you are even more terrified of patriotic Americans retaining their 2nd Amendment right to keep and bear arms.

        NewMexicanNative wrote: “The fact is, me and my White, Black, Hispanic, and Asian family will keep on reproducing…” I can assure you that your sex life is of no interest to the Conservative Republicans at this blog, despite the central place which reproduction may hold in your mind, LOL!

        NewMexicanNative wrote: “…pants-wetting bigots…” And there we have it, folks, the “B” word of the Liberal left and the homosexual activists! Gee, first it was reproduction, now it’s “pants-wetting”. How long have you had this obsession with bodily functions? Read any Freud lately? He had you figured out a long time ago, LOL!

        NewMexicanNative wrote: “And, why would any Hispanics scheme to take over the Southwest?” Apparently your reproductive activities have affected your vision. If you look just above your post, if you can tear your attention away from bodily functions for just a moment, you may be able to see this:

        NewMexicoNative wrote: “Sounds like you need to learn to accept the brown folks around you…” No, sounds like you need to get over your racism. It isn’t about race, it’s about ideology and behaviors. But, of course, skin color has to do with the physical body and that is where your mind seems to remain focused.

        NewMexicanNative wrote: “I teach my children about all aspects of my ancestry, as do many Americans like myself.” If you were in fact an American, you would be teaching your children about America, American sovereignty, the importance of following the rule of law, the Founding Fathers and the principles underlying The Constitution. That is what is important when one is an American, not your individual ancestry.

        NewMexicanNative wrote: “By your logic, White Supremists represent all white people and therefore all white people want to return to the confederacy and slavery for black people.”

        ROFL! Oh, THAT is just TOO funny, LOL!

        By YOUR logic the Reconquistas represent all Hispanic people and therefore all Hispanic people want to claim The United States of America as part of the territory of the Mexican drug cartels and subject ALL people to threats, intimidation and violent murder!

        Next time you post, NewMexicanNative, bring a little better ammunition than “pants-wetting bigots”. This is a Conservative Republican blog and you will have to offer up more than Saul Alinsky’s tired old ridicule of his Rule #5.

        Have a nice day, NewMexicanNative!

    • Westnash says:

      I agree with that. I also think in border states our kids need to learn and speak Spanish. Just as the path to business success in a country like Mexico is the ability to speak English.

      • Rambling Rose says:

        Of course you’d think Americans need to learn Spanish to be competitive. You might have noticed that many Mexicans living here don’t make any effort to speak English. They even converse with their children in Spanish, although they can interact with store clerks in Spenglish, when necessary.

        The most useful foreign language to learn is the Mandarin dialect of Chinese. That’s because people like you are buying all of their products and have no problem with them owning us as long as you can spend all day at the computer keyboard spewing liberalism.

      • eubykdisop says:

        No, Westnash, our kids need to master the English language and those who come to America need to master English as well.

        Let’s put your Liberal position in the light of day:

        “Westnash says:
        March 12, 2013 at 8:36 am
        I would be in favor of Arizona requiring Spanish (for legal students of course).”

        “Westnash says:
        March 10, 2013 at 11:40 am
        I hope many of our intelligence officials are fluent in Arabic.”

        You would have our children learn the language of the illegal alien invaders and officials in our intelligence community learn the language of Islamic Jihadists. Furthermore, you stand in opposition to those who want to take steps to secure our borders.

        “Westnash says:
        February 18, 2013 at 3:35 pm
        What I worry that the Secure Our Borders bunch really wants is to spend Billions more in hiring and fences which do nothing but increase the size of Govt.”

        And regarding Sheriff Joe Arpaio, you had this to say:

        “Westnash says:
        March 1, 2013 at 9:06 am
        Interesting that when you have someone like Joe who continues to hang on…you have a real vacuum behind them. Their ego just wont let them develop a successor. Joe should retire soon and develop a strong successor…but I am afraid hubris has set in long ago.”

        As poster “Observer” wrote to me about you, Westnash,…

        “Observer says:
        March 3, 2013 at 9:26 pm
        Bravo, euby! You had this guy nailed as a liberal early on. How right you were…despite all of his protestations to the contrary.”

        You are thoroughly outed as a Liberal now so we are down to the classic Liberal versus Conservative debate. Bring it on, Liberal!

  6. NewMexicanNative says:

    Ah, Rambling Rose, first of all, point out ONE word I misspelled. Name ONE threat I made. I can tell reading comprehension is not your thing, but I’ll give you a try anyway.
    Secondly, I’m sure you were just wringing your hands with rage when George W was borrowing billions from China to send us to war, right? So, why do they own us again? It couldn’t possibly be b/c W funded his wars without submitting a budget for them to Congress and borrowing from the Chinese, right? No, I bet it was some commie pinko homosexual liberal spy that made noble George W indebt us to the Chinese.
    Oh, and since it seems you are uneducated about the SW: the reason why many Mexicans speak Spanish at home and in public, etc, is largely in part due to the fact that the southwest was once part of MEXICO! I know, I know, you cons seem to think that when a border changes that magically through the grace of god everyone starts speaking English and bowing down to the obviously superior culture.
    Back here in reality, most of us Hispanics in the SW US grow businesses, raise children, and contribute to this country, the United States of America, whether we speak Spanish, English, or both. If you don’t like people speaking Spanish, then go back to England or Scotland. Otherwise, grow up and realize America is a plurality of languages and cultures, not a homogeneous monolith. I know I used a few big words, in English no less. Go get a dictionary.

    • Rambling Rose says:

      One word? How about TUSCON? Your misspelling was not an unintentional error since you did it more than once. The proper spelling of this major Arizona city is TUCSON.

      Incidentally, since neither I, nor any of my family members, past or present, have ever been to England or Scotland, it would be impossible for us to “go back” there.

      The rest of your foolishly arrogant, hatefilled, and bigoted blather doesn’t deserve a reasoned response.

      • NativeNewMexican says:

        Ha, well, Rambling Rose, it’s not like I expected a reasoned response simply because you’re incapable of one. Cons are known for their gut reactions, not reason. Also, I actually did not mean to misspell TUCSON, but unlike conservatives, this liberal can easily admit being wrong. Like this: I misspelled TUCSON, I was wrong. It’s kinda like that turning the other cheek that Zombie hippie Jesus you worship was talking about (and what you never will understand.) Anyway, enjoy your life of fear and xenophobia. Once it’s over, I’m sure Zombie Jesus will let you into bigot heaven and you can drink all the bud and watch all the NASCAR you want.

      • eubykdisop says:

        Ha, ha, ha! Beautiful, Rambling Rose! “Point out ONE word I misspelled.” Okay, how about Tucson, LOL! TOO funny! I just love the way the Liberal went so far as to capitalize “ONE”! Typical Liberal arrogance like the arrogance of Hunter!

      • eubykdisop says:

        NativeNewMexican wrote: “… I was wrong.” No, you ARE wrong, LOL!

        NativeNewMexican wrote: “Once it’s over, I’m sure Zombie Jesus will let you into bigot heaven and you can drink all the bud and watch all the NASCAR you want.” And there it is, folks, the elite of the Liberal intelligentsia at it’s finest. This is what supports B. Hussein Obama and his Democrat Liberal agenda! Who could add a word to that, LOL!

    • eubykdisop says:

      What’s the matter, NewMexicanNative, you’re such a “macho” man you only want to take on a woman? Let’s give you another shot, tough guy, LOL!

      NewMexicanNative wrote: “Once again, people like Tuscon Voter are scared a good part of their lives and are therefore living a half-life.”

      ROFL! Who is scared? It’s quite clear that it is you and your fellow Liberals who are terrified, LOL! You are terrified of the truth spoken by Conservatives and you are even more terrified of patriotic Americans retaining their 2nd Amendment right to keep and bear arms.

      NewMexicanNative wrote: “The fact is, me and my White, Black, Hispanic, and Asian family will keep on reproducing…” I can assure you that your sex life is of no interest to the Conservative Republicans at this blog, despite the central place which reproduction may hold in your mind, LOL!

      NewMexicanNative wrote: “…pants-wetting bigots…” And there we have it, folks, the “B” word of the Liberal left and the homosexual activists! Gee, first it was reproduction, now it’s “pants-wetting”. How long have you had this obsession with bodily functions? Read any Freud lately? He had you figured out a long time ago, LOL!

      NewMexicanNative wrote: “And, why would any Hispanics scheme to take over the Southwest?” Apparently your reproductive activities have affected your vision. If you look just above your post, if you can tear your attention away from bodily functions for just a moment, you may be able to see this:

      NewMexicoNative wrote: “Sounds like you need to learn to accept the brown folks around you…” No, sounds like you need to get over your racism. It isn’t about race, it’s about ideology and behaviors. But, of course, skin color has to do with the physical body and that is where your mind seems to remain focused.

      NewMexicanNative wrote: “I teach my children about all aspects of my ancestry, as do many Americans like myself.” If you were in fact an American, you would be teaching your children about America, American sovereignty, the importance of following the rule of law, the Founding Fathers and the principles underlying The Constitution. That is what is important when one is an American, not your individual ancestry.

      NewMexicanNative wrote: “By your logic, White Supremists represent all white people and therefore all white people want to return to the confederacy and slavery for black people.”

      ROFL! Oh, THAT is just TOO funny, LOL!

      By YOUR logic the Reconquistas represent all Hispanic people and therefore all Hispanic people want to claim The United States of America as part of the territory of the Mexican drug cartels and subject ALL people to threats, intimidation and violent murder!

      Next time you post, NewMexicanNative, bring a little better ammunition than “pants-wetting bigots”. This is a Conservative Republican blog and you will have to offer up more than Saul Alinsky’s tired old ridicule of his Rule #5.

      Stop beating up on women, unless you consider that to be part of your “culture” and “ancestry” that you’re so proud of, LOL!

      Have a nice day, WESTNASH, ROFL! Yeah, I can tell your sophomoric writing style no matter how you try to conceal it! Loser, loser, loser!

  7. eubykdisop says:

    ROFL! The impact of SRAZ is being felt by the Liberal left and that is why Westnash and his Liberal friends feel compelled to show up and post here. Good job SRAZ! You’re putting a major hurting on the Liberals!

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