The American Civil Liberties Union and Southern Poverty Law Center are at it, this time.

‘Way back in 2019 the Tennessee legislature created Education Savings Account pilot programs for Davidson and Shelby Counties. The ESAs grant money to students accepted into the programs; the funds facilitate students’ departure from poorly performing schools in favor of better schools.

The two county governments promptly sued to block the ESAs from taking effect, and the Tennessee Supreme Court ultimately ruled, last May, that the ESAs were jake, and in June that court denied the counties’ petition to reconsider.

Now the ACLU and SPLC are suing on the legally frivolous (IMNSHO) premise that that delay, manufactured by the county governments, is sufficient reason to further delay implementation of the ESA pilot program.

That’s how desperate the Left is to keep poor and minority kids—especially in Shelby County, although Davidson has a significant poor and minority population—trapped in bad schools instead of letting them transfer and actually get an education.

Nor am I sympathetic to the county school districts’ imagined plight. Those school districts really did have all that time since 2019 to prepare their budgets: they had no reason to ignore the possibility that the ESAs would be upheld and to prepare accordingly. It’s also not at all beyond the districts’ capabilities to have prepared two budgets, with one being centered on no ESA impact and one centered on an ESA impact.

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