Tom Horne's White Flag in Oral Arguments on Tucson's Ethnic Studies Program

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You can bet Horne won't be smilin' if Judge Tashima strikes down his pet law

This week Attorney General Tom Horne paid a visit to recalled ex-state Senate President Russell Pearce's Ban Amnesty Now radio show, where he regaled Pearce's tens of listeners with his heroic legal work of late, despite Pearce's incessant efforts to turn the conversation back to his ridiculous "buy-cott" (read, "boycott") of New Times.

At one point, Horne proudly mentioned that he had recently appeared in federal court and personally argued on behalf of Arizona Revised Statutes 15-111 and 15-112, also known as "House Bill 2281," Arizona's ethnic studies ban.

Horne did indeed appear before federal Judge A. Wallace Tashima in Tucson on March 19 for oral arguments on motions for summary judgment in a lawsuit initially brought by teachers and students of the Tucson Unified School District. 

But as I'll discuss later, Horne's performance was nothing to crow about, and at one point, he seemed to hoist a white flag of sorts. 

In fact, after reading the transcript of the hearing, I'm reminded of that old saw often attributed to Abe Lincoln that, "He who represents himself has a fool for a client."

As most people know, TUSD's Mexican American Studies program has been wiped out, its director Sean Arce fired, and books deemed questionable by school authorities removed from the classroom and banished to a school warehouse. 

TUSD's board eliminated MAS in response to state Superintendent John Huppenthal's decision to withhold 10 percent of TUSD's funding. That is, if the district did not comply with his finding that MAS was in violation of HB 2281. 

The board appealed Huppenthal's finding to an Administrative Law Judge, but when the ALJ backed Huppenthal's decision, TUSD caved and ended the program.

The federal lawsuit, which now only has the students as plaintiffs, challenges the eradication of MAS on constitutional grounds, as a violation of their First and Fourteenth Amendment rights under the U.S. Constitution. 

More specifically, in his motion for summary judgment, plaintiffs' counsel Richard Martinez asks the court to strike down ARS 15-111 and 112, mainly because the laws are "vague and overbroad," a description just about any layperson would deem accurate once they've read the statutes.

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22 comments
Gerry_C
Gerry_C

Impotence on Parade.  Tom Horne is worthless as an AG.  Worse than worthless.  Does very little good and lots of harm.

Concerned Citizen
Concerned Citizen

'To Kill a Mockingbird' Turns 50| July 14, 2010| PBShttp://www.pbs.org/newshour...
Click here to download a PDF of this lesson. (1.8 MB)OverviewAfrican American history during the Jim Crow era includes encounters with poverty, racism, disrespect, and protest. Harper Lee develops all four of these themes in her famous 1960 novel, To Kill a Mockingbird. To help students understand these ideas, this lesson incorporates the blues and other literature of the time. Ultimately, students will be asked to consider both African American oppression and activism through a variety of lenses.Learning ObjectivesBy completing this lesson, the student will:Explore life for African Americans during the Jim Crow eraConsider terms of respect and disrespectAnalyze the effectiveness of different forms of cultural protest

alehound
alehound

Yep, this state would be so awesome if it were run by mexicans and naygroes....

GloobBleenl
GloobBleenl

Hey Drunkin'Dog get back to work lickin' them glory holes clean. That's one good thing about dogs, they like to lick themselves and will eat anything including their own feces.

Coz
Coz

what a goofy looking dimwit......

Coz
Coz

Another f-en nut case elected to office.
Once again, nice job retards voting for this bozo.

LD19 Resident
LD19 Resident

Coz, our choices for Republican attorney general was this bozo or Candy Ass Thomas. If you were forced to pick a Republican, would you rather have someone who cries conflict of interest or someone who criminally abuses their power?

Personally, I think Rotellini should've won. 

Anon
Anon

Mr. Lemons, Excellent investigative journalism. You are able to sort through all the snarled details of conflicted issues like no one else.

L622
L622

I agree!  Mr. Lemons is the man!

LD19 Resident
LD19 Resident

Looks like Elmer Fudd (Horne) just got hunted by that wascally wabbit (Judge Tashima.)

Bye-bye ARS 15-111 and 15-112. Don't let the door hit you on the ass on the way out.

teknik1200
teknik1200

who is more fool, the fool or the fool who follows the fool?

deuces_ak
deuces_ak

Ahhh Yesss. White people practicing their colonialism with its theft and murder, to change history so it does not reflect the theft and murder foisted on the people of color.

hopi13
hopi13

That is still going on, just ask the Navajo and Hopi people about what most of them think of the Little Colorado Water Settlement that Kyl is now pushing.

GloobBleen
GloobBleen

That's Gomer Kyl, "Well golly Sargent McCain I was only trying to help screw the native people even more. That's what us Repuklicans do isn't it Sargeant McCain?"

david saint
david saint

kind of how TN lawmakers want to take slavery out of history text books because "they dont want to burden the founding fathers"...which led me to this question,,which founding fathers, the KKK founding fathers?!?

Jeff Farias
Jeff Farias

on some level I guess we should take some solace in the fact that these corrupt officials like Horne, Thomas and Pearce are also shockingly incompetent.  

L622
L622

Jeff,
I whole heartedly agree.  Just like in the time of Nazi Germany, stupid people, and crminal types from the bottom of the barrel floated to the top to help Hitler commit otricities. Racism a lot of times speaks loudly about lack of intelligence and/or integrity.

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