Jindal’s Suit Isn’t Really THAT Outlandish

Sep 7, 2014 by

My colleagues at the Advocate, columnists and editorialists alike, seem to think that Gov. Jindal’s federal lawsuit against Common Core was concocted out of thin air. That’s not really true.

First, to be clear, the odds of Jindal actually winning this suit, in federal courts that are usually loathe to strike down anything but the most egregious overreach by regulatory agencies, are slim. But that doesn’t mean that, on the merits, the suit has no, well, merit. The simple fact of the matter is that some very astute legal analysts have argued that the Obama Administration’s Race to The Top program does exactly, and illegally, what Jindal says it does: effectively dictates curriculum to the states.

The second- and third-ranking lawyers in the G.W. Bush Education Department argued as much several years ago, in a white paper for the Pioneer Institute that was quite well regarded for its clarity and the power of its arguments. Among those who wrote approvingly of the white paper (several times, as a matter of fact) was columnist George Will, clearly a conservative but no one’s idea of a radical or a writer who doesn’t do his homework thoroughly and thoughtfully.

(By the way, one of the two authors of that white paper is Louisiana native Bob Eitel, a distinguished attorney who went to Ben Franklin High School in New Orleans, and thence to Georgetown University and then to Tulane Law School.)

This whole subject merits a full column, not just this blog post, so I won’t delve too heavily into the weeds here. I only note that Jindal’s legal argument is quite well grounded in reality. Whether it is politically astute or not, and whether it is tactically wise for the governor’s purported policy purposes, and whether the legal fees will be worth it when charged to Louisiana taxpayers, also are questions for another day. But the sneering being visited on Jindal’s head is, well, wrongheaded.

via Jindal’s Suit Isn’t Really THAT Outlandish | Quin-essential.

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