Preston C. Green III
I am writing this post to alert my fellow professors about a situation I recently encountered after publishing a piece with the Hechinger Institute. This organization approached Bruce Baker and me to write an op-ed explaining the possible consequences of the Espinoza v. Montana State Department of Revenue case. In this case, the Supreme Court is considering whether states can prohibit parochial schools from participating in a tax-credit scholarship program. It is generally expected that the Court will hold that states cannot act in this manner.
In this op-ed, we explained that states might respond to this potential decision by placing curricular restrictions on participating schools or even refusing to fund private education altogether. We even posited that states might respond to the Court’s expected decision by dramatically reducing their investment in charter schools.
We did not get much pushback for these points in the op-ed. However, Corey DeAngelis, adjunct scholar of the Cato Institute’s Center for Educational Freedom and the Director of School Choice at the Reason Foundation, claimed on Twitter that we were wrong to suggest that parochial school participants in school voucher programs might even consider discrimination on the basis of race. He supported this assertion by citing a Supreme Court case, Runyon v. McCrary. DeAngelis posted a screenshot of the purported holding, which he got from Wikipedia. According to this summation, Runyon held that “[f]ederal law prohibits private schools from discriminating on the basis of race.” On the basis of this “evidence,” DeAngelis demanded that Hechinger correct this alleged error.
I responded on Twitter by posting a screenshot of the pertinent part of the actual case, which included the following statement (italics added):