The Right seems to be largely successful in demonizing Critical Race Theory (“CRT”). I say that as CRT is not a “thing” being discussed in my Son’s Kindergarten Class, and it will not be discussed this fall in First Grade, and I question if it will ever actually be a part of his education unless he went to Law School. Yet, the Right has used basically a branch of Judicial Realism as some educational culture war?
CRT grew from Critical Legal Studies (CLS), which argued that the law was not objective or apolitical. CLS was a significant departure from earlier conceptions of the law (and other fields of scholarship) as objective, neutral, principled, and dissociated from social or political considerations. Like proponents of CLS, critical race theorists recognized that the law could be complicit in maintaining an unjust social order. Where critical race theorists departed from CLS was in the recognition of how race and racial inequality were reproduced through the law.www.americanbar.org/...
I think there is kind of an inherent difficulty in defending something that isn’t a thing.
So, perhaps it is an opportunity to more broadly discuss educational disparities (that would be found applying CRT), and the Education system.
Did you know that the Supreme Court’s Current Ruling is that there is No Federal Right to Education???
I give you San Antonio v. Rodriguez to rally against. 411 U.S. 1 (1973).
In a 2015 TIME interview of over 50 legal scholars, University of California, Berkeley Law School Dean Erwin Chemerinsky and Cornell Law Professor Steven Shiffrin both named Rodriguez the "worst Supreme Court decision since 1960," with Chemerinsky noting that the decision has "played a major role in creating the separate and unequal schools that exist today."[2]
en.wikipedia.org/…
Now, largely this has forced litigants to state Courts based on State Constitutions. But, “There should be a Federal Right to Education” is difficult to deny anymore.
Regardless, I think it is probably a time to discuss inequities in Education and improving schools and perhaps the fake CRT outrage offers that opportunity?