8:43p – Matt Whitaker, U.S. Senate Candidate, is up.  We need to send somebody to Washington, DC to hold President Obama accountable…. who else than the prosecutor who prosecuted CITEC?  We need to do something, not just talk.  He also was the target of an audit after applying for Iowa Supreme Court and discuss what the proper role of the courts, and helping several conservative groups get set up as 501(c)(4) organizations.

8:41p – Schultz: Started a new program last Memorial Day – Honor a Veteran With Your Vote.  You can go to http://sos.iowa.gov and click on Honor a Veteran in order to participate.

8:40p – Schultz: Considering the run because it is personal for me, thinking of his kids.  He is concerned about this country.  He will make his decision soon, but it will be a tough decision because he loves his job.

8:37p – Secretary of State Matt Schultz: You would have thought that when I defeated a popular incumbent on a message of voter integrity Democrats would have gotten the message that Iowans want Voter ID.  71% of Iowans want voter ID.  Schultz said he is considering a run for U.S. Senate.

8:36p – Northey: We have gone from a $40 billion food stamp program to a $80 billion food stamp program… the gridlock over the farm bill has been over a small cut in that program which has ballooned.  It’s big government run amok.  We need to send a conservative Senator to join Grassley in 2014 and a conservative from the 1st Congressional District

8:34p – Northey: If Iowa was a country we’d be the 4th largest corn-producing country in the world, and that was last year with a drought.

8:32p – Northey: Frustrating Spring for farmers… we went from drought to flooding in 15 minutes.

8:31p – Lt. Gov. introduces Bill Northey, Iowa’s Secretary of Agriculture

8:30p – Mosiman: Auditor’s office impacts everybody - transparency, consistency in budgeting practices.

8:29p – Mosiman: This is an office worth fighting for… doing the job and keeping the job.

8:28p – Lt. Gov. Reynolds introduces Mary Mosiman Iowa’s new State Auditor.

8:27p – Latham: lack of leadership from President Obama, leading from behind.  Washington is rudderless.  We need to make a change and flip the Senate.

8:24p – Congressman Latham wanted to remind people what this Memorial Day weekend is about and we need to honor the sacrifice that was made for our freedoms.  He also thanked the volunteers who helped him retire Congressman Leonard Boswell… they came within 4000 votes in Polk County even though it is a Democratic stronghold.  Next time he said they’ll win a big majority.

8:24p – Introducing Congressman Tom Latham

8:22p – Lt. Gov. Reynolds back up honoring elected officials in the room.  Former Governor Robert Ray is here… Senator Grassley couldn’t be here.  She made note that GOP need to send somebody who will vote with him in the Senate in 2014.

8:21p – Governor Scott Walker has concluded his remarks and received a standing ovation.

8:20p – Walker: What has made America great, in moments of crisis, people stood up and though more about their children and grandchildren’s future than they thought of their political office or status.

8:19p – Walker: Founders – ordinary people who did something extraordinary.  They risked their lives for the freedoms we have today.

8:16p – Walker: We need to encourage candidates to be more optimistic, more relevant and more courageous.  I am optimistic about the future.  We are bigger than just one election.  We can still turn this around.

8:14p – Walker: When Democrats push welfare they are taking away freedom.  We need to push true prosperity and freedom.  ”We celebrate the Fourth of July instead of April 15th because we celebrate independence from the government.”

8:11p – Walker: Want to make sure people who are on welfare are equipped and ready to take a job that becomes available.  Obama and Democrats: measure success by how many people are on welfare, we should measure success by how many people are not.  Welfare shouldn’t be a hand out, but a help up – experience the dignity of work.  Nobody grows up saying, “hey I want to be dependent on the government.”

8:09p – Walker: Required work pr employment training to stay on welfare.

8:08p – Walker: Courage – we need to push for entitlement reform.  ”What I call moving from government dependence to true independence.”

8:07p – Walker: We need to go where we typically not expected to go.  It is assumed that we don’t care if we are not there.

8:06p – Walker: When he was a county executive the only Republican to win three times in Milwaukee County.  He won a majority in every Hispanic ward – championed small businesses and choice in education.  We need to share a message of opportunity.

8:05p – Walker: Relevance means going to where people are at.

8:05p – Walker: We want every kid to have access to a great education no matter what zip code they live in.

8:04p – Walker: In our schools we can hire and fire based on merit, and pay based on performance.

8:02p – Walker – Relevance – people want to hear people who speak in terms that are relevant to them, not Washington speak.

8:01p – Won by a larger margin with more votes on June 5th, 2012 than they did in November 2012.  Wisconsin residents saw the facts.

7:59p – Walker: After reforms were talking place, they started to see “We Stand With Walker” homemade signs crop up all over the state.

7:57p – Walker: Told GOP in Wisconsin after 2010 election, “If we end up being just a little bit less bad than the Democrats, the voters will have a right to throw us out of here.”

7:55p – Walker: We had a 3.5 Billion deficit, and now they have a 1/2 billion dollar surplus that they can give back in tax cuts.

7:54p – Walker: We can’t just run on a referendum on failure, GOP needs to present a positive vision.

7:53p – States need to lead the way.  2014 & 2016 we need optimism, relevance and courage – those are the keys to victory.

7:51p – Walker: Unemployment numbers in states led by GOP governors is 1% lower on average than states led by Democratic governors.  The best states to do business 19 of the top 20 are states led by GOP governors.

7:49p – Walker: Quotes Reagan: “It is important to remember that the federal government did not create the states, the states created the federal government.”

7:47p – Lived in Plainfield, IA in the 7os, his dad was the pastor at First Baptist Church there.

7:46p – Walker: Appreciated Iowans prayers most of all during recall election.

7:45p – Walker: 70% of donors during recall gave $50 or less.

7:44p – Walker: Two people he respects the most – Iowa Gov. Terry Branstad and Utah Gov. Gary Heubert.

7:41p – Walker: I’m the only governor who has been elected twice in the same term.

7:39p – Branstad: Walker took on the public unions and said unions said “if this can happen in Wisconsin it can happen anywhere!”  Won recall election with a wider margin.

7:38p – Branstad introduces Governor Scott Walker.

7:36p – Branstad: Tax surplus “didn’t happen by accident.” Inherited shortfall from Culver, spent less than taking in every year.  In stark contrast to what is going on in Minnesota and Illinois.

7:35p – Branstad: “I think the American people are becoming more and more aware of all the hidden taxes and fees” in Obamacare.  Creating Iowa specific plan.

7:34p – Branstad: Touts “transformational educational reform” – mentions homeschoolers and private schoolers.  He wants Iowa to be the best in the nation in education once again.

7:33p – Branstad: Property tax reduction will help stimulate jobs.  There is also income tax reduction.  This is the type of stimulus that Iowans need.

7:32p – Branstad: Touting property tax reform, education reform and being the “healthiest state in the nation.”  These were advanced this year Branstad said.

7:30p – Branstad: Welcomes Scott Walker “my friend and neighbor.”  Walker one of 30 GOP governors who are charter a course of fiscal responsibility and job growth across the country.  The states governed by GOP governors are balancing budget and seeing job growth.

7:29p – Reynolds introduces Gov. Terry Branstad.

7:28p – Reynolds: If we keep Polk County competitive we win the state.

7:27p – Lt. Gov. Reynolds – an honor to serve as emcee tonight and to serve as Lt. Gov.

7:26p – Lt. Gov. Kim Reynolds is up… the person who introduced her butchered the name of her hometown – Osceola.

7:22p – Dinner smells good, I’m getting hungry.  Unfortunately for me, but not for you – I’m at the media table….  don’t feed the hungry journalists (or in my case, I’m just a blogger).  It can be hazardous.

7:19p – Here’s a Wisconsin joke for you which I appreciate as a Hawkeye fan.

Q: If you have a car containing a Badgers wide receiver, a Badgers linebacker, and a Badgers defensive back, who is driving the car? A: The cop.

7:18p – Sutton: The Robb Kelley Club is the main fundraising organization for Polk County Republicans and has become one of the best fundraising organizations in the state.  (I agree).

7:16p – Pastor Claire Rudison gave the invocation, dinner is served.  Ken Sutton welcomes everyone said the program will go on while dinner is being eaten because “our intention is to get you out of here before the next election.”

7:13p – Opened up with the Pledge and we’re off…. over 800 tickets were sold.

7:11p – Still waiting on the program… anyone know any good Wisconsin jokes?

7:07p and they’re trying – unsuccessfully – to start the program.

7:04p – Just chatted with Kay Henderson of Radio Iowa… will people after hearing Governor Walker speak suddenly drink the “Scott Walker” kool aid?  Perhaps, it seems like some people like latching onto a candidate early.  I prefer to actually see who is going to run first before I make my decision.  How about you?

6:43p – I’m live blogging the Polk County Republican Party of Iowa’s 4th Annual Robb Kelley Dinner.  The keynote speaker is Wisconsin Governor Scott Walker.  They are expecting 1000 people here at the Sheraton Hotel in West Des Moines.  This is a huge “get” for the Polk County Republicans, and I believe their largest fundraiser to date.

With Governor Walker being here in Iowa pre-2016 that of course fuels speculation that he will run for President.  From what I’ve heard in different interviews he has had he’s focused on reelection right now.  From this Iowans perspective due to his record of reform, taking on the unions, actually accomplishing what he said he would do (go figure!), and winning by a larger margin in his recall election than he did when first elected – he would be an intriguing candidate.

Be sure to refresh your browser for updates throughout the night.

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This is a big win.  Here’s the specific language below:

(2) Notwithstanding subparagraph (1), for the school year beginning July 1, 2016, and each succeeding school year, the rules shall provide that all students enrolled in school districts in grades three through eleven shall be administered an assessment during the last quarter of the school year that at a minimum assesses the indicators identified in this paragraph “b”; is aligned with the Iowa common core standards in both content and rigor; accurately describes student achievement and growth for purposes of the school, the school district, and state accountability systems; and provides valid, reliable, and fair measures of student progress toward college or career readiness.

(3) The director shall establish an assessment task force to review and make recommendations for a statewide assessment of student progress on the indicators identified pursuant to this paragraph “b”. The task force shall recommend a statewide assessment that is aligned to the Iowa common core standards and is, at a minimum, valid, reliable, tested, and piloted in Iowa. In addition, in developing recommendations, the task  force shall consider the costs to school districts and the state in providing and administering such an assessment and the technical support necessary to implement the assessment. The task force shall submit its recommendations in a report to the director, the state board, and the general assembly by January 1, 2015. The task force shall assist with the final development and implementation of the assessment administered pursuant to subparagraph (2). The task force members shall include but not be limited to teachers, school administrators, business leaders, representatives of state agencies, and members of the general public. This subparagraph is repealed July 1, 2020.

Needless to say, I am thrilled with this development!  Thank you to the members of the conference committee who removed the original language.  Obviously there is work yet to be done, but this is a good start for Iowa.

HT: Education in Iowa

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Glass was selected from a pool of six candidates and three finalists in a search conducted by the Colorado Association of School Boards. Glass, and other finalists, Karen Brofft and Don Johnson, interviewed with the school board and two advisory committees on May 16.

“Director Glass has fundamentally raised the bar for education leadership at the state level in Iowa. When you have a visionary state director of education like Director Glass, it’s not surprising that others would want someone of his experience and talent,” said Rosie Hussey, President of the Iowa State Board of Education. “Director Glass has worked tirelessly to lay the groundwork necessary to restore Iowa’s standing as a leader in education and to prepare all students for success after high school. Together with the Governor’s office, Director Glass constructed bold education reform plans that are right for Iowa and are based on lessons learned from the highest-performing education systems in the world.”

The Des Moines Register noted:

Glass has been a key player in Gov. Terry Branstad’s efforts to improve the state’s schools since arriving in Iowa in December 2010. His efforts were a crucial part of the bipartisan education reform bill approved today by state lawmakers. The plan’s centerpiece is a new career pathways structure for K-12 teachers that would cost $160 million annually once fully implemented.

Glass traveled the state to meet with parents and students during his time in Iowa. He also advocated at the Statehouse for higher academic standards and debated the latest education research with friends and foes alike on the micro-blogging site Twitter.

I was one of those “foes” that Glass debated on Twitter, and speaking personally I wish him well in this new chapter of life.  I’ll reiterate what I wrote at Iowans for Local Control when news broke about him being a finalist for this position.

While Director Glass and I haven’t see eye to eye all the time, I do appreciate his approachability and willingness to engage in conversation and debate.  I also appreciate the Department’s approach to the educational liberty items in the current education reform bill.  Under previous leadership with the Culver administration we would have seen the Department lobby against homeschooling and private school measures.  That hasn’t been the case the last two sessions and I credit Director Glass’ and Governor Branstad’s leadership for that.

The Register reports that Governor Branstad’s spokesperson, Tim Albrecht, said that no decision has been made on the process for selecting a new director.

Update: My formal statement at Iowans  for Local Control:

I’d like to offer my sincere congratulations to Director Glass in his selection as Superintendent of Eagle County Schools.  He is a top notch candidate and will, I’m sure, be an asset to their school district.  They will find in Glass a Superintendent who is approachable, innovative, and passionate about education.  While I didn’t always see eye to eye with Director Glass on issues like the Common Core State Standards and assessments; I appreciated his willingness to dialogue, his innovative approach to education reform and his willingness to dialogue with those whom he disagreed.

I would like to encourage Governor Branstad to hold a public, transparent search for a successor for Director Glass that includes parents, private and public school educators, and community stakeholders.  Branstad sought a ‘real reformer’ in Glass’ selection, I hope he will continue to think outside the box in his next appointment.  I also ask that Governor Branstad will use this interim time and leadership transition to take a step back and reconsider Iowa’s implementation of the Common Core State Standards, as well as, other standards that will only further centralize education and erode local control.

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In particular was the landmark home education deregulation that sends Iowa from being a state with moderate regulation (3rd tier, only three states have worse laws) to one of the best according to criteria given by the Home School Legal Defense Association.  The specific home education measures approved by the Iowa Legislature are:

• Optional reporting under Competent Private Instruction.  Home schooling families are no longer required to submit Competent Private Instruction forms (CPI) or assessments to their local school district.  They can if they like, but they don’t have to.  Families can still participate in dual enrollment or home school assistance programs (HSAP) if they like.
• Independent Private Instruction – This eliminates annual reporting to the state, but also allows up to four unrelated students to participate in home schooling.
• Parent-taught Drivers Instruction – Parents are no long required to send their children to drivers education, but can teach their children themselves if they prefer.

Bill Gustoff, the Legislative Liaison for the Network of Iowa Christian Home Educators, said, “The passage of House File 215 marks the beginning of a new era of home school freedom in Iowa.  Home school parents will be able to teach their children in the one subject that still required certified instruction outside the home – driver education.  It also removes barriers and costs for those desiring to educate their children at home.  Not only does it affirm that parents have a right to oversee the education of their children, but it will now be possible and easier for foster parents, single mothers and fathers, and other modern-day families to use this great educational option.”

Non-public schools also had an important measure that was approved with this bill.

• Independent Accreditation for Non-Public Schools -  This allows a non-public school to seek third party accreditation and still benefit from the school tuition organizations (people who donate get tax credits), transportation reimbursement, textbook reimbursement fund for non-religious text books, AEA support (cost sharing for media, professional developed, etc.).  Prior to this to receive these benefits schools had to be accredited through the Iowa Department of Education which then opened these schools up to mandates – like having to adopt the Iowa Core (which is aligned to the Common Core).  This frees accredited non-public schools from this and other requirements placed upon them by the State.  The Senate Democrats during negotiations did add a seven-year sunset, but I believe it will be renewed as non-public schools will be able to prove that this works.

Brian L”Heureux, President of the Iowa Association of Christian Schools addressed the independent accreditation measure and how it impacts schools he represents, “We are extremely pleased that, after many years of effort and prayers, we were able to see this passed as part of the Education Reform package this year!  Independent Accreditation will allow us to choose the accrediting body that meets the needs of our schools, and will allow us to serve our students with accrediting partners that understand our unique role and mission as Christian non-public schools.  We are blessed to have Eric Goranson as a lobbyist.”

The House Republicans were able to keep all of the provisions they had asked for in negotiations.  In return they agreed to 4% allowable growth in the 2013/2014 and 2014/2015 school years and raised the minimum salary for teachers to $33,500.

Regardless of those provisions Republicans celebrated the bill.  “The Republican Party of Iowa is proud to have taken a bold stand for our platform in advocating that advancing educational freedom be a non-negotiable part of any discussion of comprehensive education reform,” said A.J. Spiker, Iowa GOP Chair.

Iowa GOP Co-Chair, David Fischer, added, “The Republican Party of Iowa is committed to advancing our conservative principles as reflected in our platform.  Education freedom is a foundational part of our platform and we were proud to play a role in advocating for non-public education alternatives to be made simpler and more affordable for Iowa families.  We know competition and a free market is what rewards excellence and innovation and will result in the best outcomes for Iowa’s kids.”

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Politico reports:

The incoming acting IRS Commissioner, Daniel Werfel, could try to clean house — but he’d have to be prepared for a lengthy appeals process.

Under federal rules, a fired government worker has the right to appeal to the Merit Systems Protection Board. He or she can challenge the decision, argue that their actions don’t meet the threshold for termination and ask to be reinstated — especially if there was no warning of trouble in past performance reviews.

The board is set up so fired employees appealing their termination get two chances to prove they should stay. Their first stop is at the merit board’s regional level, which — for the Cincinnati-based IRS employees in question — would be in Chicago.

The initial appeals take an average of 93 days to process, said William Spencer, a spokesman for the board.

If the regional board rules against the IRS employees, they could appeal to the national Washington, D.C.-based board, which takes on average another 245 days.

The IRS employees wouldn’t collect a paycheck during the appeals process. They would get back pay only if they are ultimately reinstated.

Lois Lerner who plead the 5th today during her appearance before Congress needs to go.  If this isn’t a good example of why we shouldn’t have public-employee unions who are funded by taxpayer money I don’t know what is.  This just confirms my believe that public-sector unions are anathema.  Especially in light of the IRS Union chief stonewalling on her conservations with President Obama and the evidence that shows that while the IRS may be an independent agency – the union most certainly is not.

This isn’t limited to low-level employees however, and those involved may not just have to worry about their jobs.  It looks like a special prosecutor being assigned is inevitable.  When you consider the Administration has had collective amnesia, and the IRS still has not complied with Congress’ demand for all communications with the White House concerning the targeting of conservatives.

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He then criticized the Republican National Committee for their resolution citing opposition to the Common Core State Standards.  “It’s disturbing to me that there have been criticisms directed by the RNC. I think that’s very short-sighted,” Huckabee said.

I’ve received numerous emails from conservatives, in particular social conservatives, who are perplexed and dismayed by the Governor’s position on this.

It didn’t come as a shock to me.  I wrote back in 2011 that Governor Huckabee had a complex position on education.  I wrote how he supported the Race to the Top program in his book, A Simple Government:

I am extremely disappointed by his support of Race to the Top.  He writes, “although I believe education should be left to the states, I fully endorse the new federal program Race to the Top, which has states compete for additional education funds, allowing them to decide what reforms to enact rather than having specific reforms imposed on them from above,” (pg. 100).

He goes on to say, “it’s a very clever way to prod states to embrace much needed reform just out of the hope of getting federal money, without actually promising any particular state anything.”

So this program is good because, it is a good idea.  Governor Huckabee would be all right if there were a Good Idea Clause in our Constitution, but there is not.  I’m going to assume that Governor Huckabee isn’t really aware of the details of this program.  If he were I would like to think he wouldn’t support it.

First this program is a scheme by the Obama administration to further entrench the Federal government in education.  There was little, if any, public feedback given for this program.  No opportunity to debate it.  It was made possible by a $4.35 billion increase in discretionary money, an “executive earmark” so to speak, in the 2009 American Recovery and Reinvestment Act.  You know the “stimulus” bill to create jobs.

So Race to the Top was designed as carrot and stick program, which Governor Huckabee thinks is a good thing, “a clever way to prod states to embrace much needed reform,” to use his words.  So this program gave directives to states who were strapped for cash to adopt the Common Core Standards (I thought he was against federal standards?) and make other education policy changes just so they can be competitive for these grants.

To be clear here, under this grant scheme, even if a state’s application was perfect, it would be uncompetitive to receive funds without the adoption of the standards.

So he was already leaning that direction even though he did not express support for the Common Core back then.  I also believe he is being disingenuous with his remarks.  The problem isn’t with the concept of “core standards” in a state.  The problem is with how these standards were implemented.  Who wrote the standards?  Was their ample opportunity for public feedback at the state level?  Was the state legislature involved?  There are issues with the content of the Common Core State Standards and we have issues with the potential cost.

So the Republican National Committee is spot on in their opposition to the Common Core and Governor Huckabee, while I agree with him on many issues, he is dead wrong on this.  By advocating the Common Core State Standards he then also gives tacit approval of the bypass of our elected representatives, sub par standards and increase in state spending on a reform that has no data that indicates it will increase student achievement.

Photo by Dave Davidson (Used with permission)

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The Washington Post

When the Justice Department began investigating possible leaks of classified information about North Korea in 2009, investigators did more than obtain telephone records of a working journalist suspected of receiving the secret material.

They used security badge access records to track the reporter’s comings and goings from the State Department, according to a newly obtained court affidavit. They traced the timing of his calls with a State Department security adviser suspected of sharing the classified report. They obtained a search warrant for the reporter’s personal e-mails.

The case of Stephen Jin-Woo Kim, the government adviser, and James Rosen, the chief Washington correspondent for Fox News, bears striking similarities to a sweeping leaks investigation disclosed last week in which federal investigators obtained records over two months of more than 20 telephone lines assigned to the Associated Press.

The Justice Department has named James Rosen a possible co-conspirator which has outraged Fox News who responded to the news with a written statement:

Michael Clemente, Fox News’ executive vice president of news, defended Rosen in a statement issued Monday afternoon.

“We are outraged to learn today that James Rosen was named a criminal co-conspirator for simply doing his job as a reporter,” Clemente said. “In fact, it is downright chilling. We will unequivocally defend his right to operate as a member of what up until now has always been a free press.”

Breitbart News has learned that Rosen hasn’t been the only Fox News journalist targeted by the Justice Department, but a producer Mike Levine and reporter William La Jeunesse as their emails regarding Fast & Furious showed up in a Inspector General’s report.  This same report showed that the Department of Justice had leaked documents in order to smear a Fast & Furious whistleblower.

Jennifer Rubin calls this action akin to shredding the Constitution.  I agree.this coupled with the action taken against the Associated Press is an absolutely unprecedented move by any Administration.  President Obama is sticking with Attorney General Eric Holder however saying he has “complete confidence” in him.

Well we don’t.

Photo credit: Cliff1066 via Flickr (CC By 2.0)

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The excerpt of the letter in question…

Please explain how all of your activities, including the prayer meetings held outside of Planned Parenthood, are considered educational as defined under 501(c)(3).  Organizations exempt under 501(c)(3) may present opinions with scientific or medical facts. Please explain in detail the activities at these prayer meetings. Also, please provide the percentage of time your organizations spends on prayer groups as compared with the other activities of the organization.

Wow, wow and wow…. Apparently the folks that wrote this didn’t realize that churches who are also 501(c)(3) organizations (usually) pray a lot and offer opinions all of the time.  So the idea they can only present opinions with “scientific or medical facts” is categorically false.

This on top of the news that the Treasury Department knew about this scandal back in 2012.  Surely they didn’t keep it quiet to shield President Obama did they?

The letter is below after being made public by the Thomas More Society:

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No this is much larger as approximately 500 conservative and Christian groups were targeted.  At the same time they were approving liberal groups.  The White House can not deny knowledge.  Senator Chuck Grassley (R-IA) in his weekly video address said that he was part of two formal requests from Congress last year asking for information about allegations that the IRS was targeting conservative groups.  Grassley said, “The IRS denied that there was targeting going on.”  Are we to believe the Obama administration knew nothing of those requests?

In fact according to the IRS Inspector General report Lois Lerner, who heads up the exemption section of the IRS,  was told on June 29, 2011 that groups with “Tea Party,” “Patriot” and “9/12 Project” were being singled out for additional scrutiny.  Also the IRS denied status to pro-life groups on behalf of Planned Parenthood.  We’re supposed to believe this started and ended with “two rogue employees.”

It’s much, much bigger.

MSNBC’s Chris Matthews lost the thrill up his leg.  He’s doesn’t seem to be letting President Obama off the hook, “He does run the IRS. He runs the Treasury Department. He runs the United States government, and he is accountable for it, and this is nonsensical.”

For once I agree with Chris Matthews.  It is nonsensical.  President Obama needs to be held accountable for the culture within his Administration that he has helped to create.  The investigations have just begun and this is just one piece of the scandals that are brewing within his administration.  Calling for and demanding the resignation of the IRS Commissioner who was isn’t even leaving until he already planned to go isn’t good enough – not even close.

Photo credit: DC Tim via Flickr (CC-By-SA 2.0)

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Yesterday the 6th Circuit Court of Appeals ruled against the Romeike family’s request for asylum in the United States. The Romeikes sought political asylum in the United States due to Germany’s ban on home education. They currently face criminal prosecution in Germany. They came to the United States in 2008 and were initially granted asylum by an immigration judge due to their legal situation in Germany. In 2012 the Board of Immigration Appeals overturned that decision when the Obama Administration appealed.

The Sixth Circuit Court of Appeals agreed with the Justice Department, in Romeike vs. Holder, that the freedom to homeschool not one of the fundamental rights protected for asylum seekers.

“Congress might have written the immigration laws to grant a safe haven to people living elsewhere in the world who face government strictures the United States Constitution prohibits,” the court said in its opinion. “But it did not.”

Michael Farris founder and Chair of the Home School Legal Defense Association explained why this ruling was wrong on Facebook.

The essence of their opinion is that we will not grant asylum to victims of a nation where the entire nation is subjected to the same rules.

This approach is wrong in two key ways. First, while compulsory attendance laws apply to all Germans, the German government openly says that the reason that they specifically target homeschoolers is because they want to repress religious and philosophical minorities.

Even though we repeatedly brought these statements to the Court’s attention, the opinion makes absolutely no mention of this dramatically important fact.

Second, the fact that the law is universal in character, is no excuse for a denial of human rights. The Court approved the government argument that even if prosecutions violate human rights standards, so long as the prosecution is equally administered to all, it is not a ground for asylum.

We believe this approach dramatically curtails the value of freedom and individual rights. If every member of a nation is denied freedom of speech, and are thrown in jail or have their children removed for speaking out, our nation should give such people asylum.

The same thing should be true for religious freedom and parental rights. Even a nation denies every family parental rights and religious freedom–the United States of America should provide a safe have for those who escape from such repression.

The one bright spot from the ruling is that the Court affirmed parents do have a right to direct the education and upbringing of their children.

Farris promised to appeal the ruling to the entire 6th Circuit Court of Appeals and the Supreme Court if necessary. He said, “We believe the Sixth Circuit is wrong, and we will appeal their decision. America has room for this family, and we will do everything we can to help them.”

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