Posts tagged with "Congress"

AHCA/NCAL Is Facing A Workforce Crisis

Nearly Every U.S. Nursing Home And Assisted Living Community Is Facing A Workforce Crisis

86 percent of nursing homes and 77 percent of assisted living providers said their workforce situation has gotten worse over the last three months.

58 percent of nursing homes limiting new admissions due to shortages.

The American Health Care Association and National Center for Assisted Living (AHCA/NCAL), representing more than 14,000 nursing homes and long term care facilities across the country, released a survey of nursing home and assisted living providers across the U.S. Results from the survey highlight an urgent need for Congress to address the labor shortage facing the long term care industry.

Key findings include:

86 percent of nursing homes and 77 percent of assisted living providers said their workforce situation has gotten worse over the last three months.

Nearly every nursing home (99 percent) and assisted living facility (96 percent) in the U.S. is facing a staffing shortage. 59 percent of nursing homes and nearly one-third of assisted living providers are experiencing a high level of staffing shortages.

More than 7 out of 10 nursing homes and assisted living communities said a lack of qualified candidates and unemployment benefits have been the biggest obstacles in hiring new staff.

Due to these shortages, nearly every nursing home and assisted living community is asking staff to work overtime or extra shifts. Nearly 70 percent of nursing homes are having to hire expensive agency staff. 58 percent of nursing homes are limiting new admissions.

78 percent of nursing homes and 71 percent of assisted living facilities are concerned workforce challenges might force them to close. More than one-third of nursing homes are very concerned about having to shut down their facility(ies).

“The survey demonstrates the severe workforce challenges long term care providers are facing due to the COVID-19 pandemic. Too many facilities are struggling to hire and retain staff that are needed to serve millions of vulnerable residents,” said Mark Parkinson, president and CEO of AHCA/NCAL. “Lawmakers across the country must prioritize long term care and that begins with providing resources to address workforce challenges. When facilities have the means to offer competitive wages and training programs, workers will follow. We have laid out key proposals in our Care for Our Seniors Act, which will allow us to boost our workforce, but without the help from Congress and state legislators, this will not be possible.”

Parkinson said the reconciliation package currently under construction is an appropriate vehicle for Congress to fund a long term solution to addressing chronic staffing shortages in nursing homes and other long term care facilities.

“Congress has the opportunity right now, through budget reconciliation, to include meaningful investments in long term care, which will help address key staffing challenges. Our caregivers are the backbone of long term care, and they deserve the full support of our lawmakers. We cannot allow facilities to close because of these challenges, which will directly impact residents and their families, especially when lawmakers have the means to help solve this dire situation,” concluded Parkinson.

illustration by Gabrielle Marchan for use by 360 Magazine

DEBATING THE ROLE OF WOMEN IN THE DRAFT

By: Clara Guthrie

Members of the Senate Armed Services Committee have proposed a revolutionary reconfiguration of the federal military draft that is aimed at including women in the Selective Service System, according to a release from POLITICO. As the law stands now, all American men must register for the service when they turn 18, although the draft has not actually been enacted in more than 40 years since the Vietnam War. Refusing or failing to register can lead to fines, being denied student financial aid or federal jobs, and even prison time.

In the new proposal – authored by Senate Armed Services Committee Chair Jack Reed of Rhode Island – the language regarding who must enlist at 18 would be expanded to include “all Americans,” not just men.

The conversation around including women in the draft has picked up speed and garnered national attention in the past few years. In June, the National Coalition for Men brought a case to the Supreme Court that challenged the male-only draft, calling it unconstitutional. While the Court declined to hear the case, three Justices—Sonia Sotomayor, Stephen Breyer and Brett Kavanaugh—did release a public statement on the topic. The statement argued that the exclusions of women from the draft made little sense when considering how much the military has changed in the past four decades since the Supreme Court first held up the original policy. The tone of the statement was unsure about whether the draft meets the standard of “exceedingly persuasive justification” to discriminate on the basis of gender. The Justices also noted the monumental 2015 decision from the Pentagon to open all military combat roles to women as further evidence.

This hot-topic issue most recently entered Capitol Hill in 2016. At the time, the Senate voted to have the decision become part of the annual defense policy bill; the House Armed Services Committee adopted a similar provision, but eventually scrapped it. As a compromise, an independent commission was formed to study the draft and the pressing question of what role gender plays in it. In March of 2020, the commission published its final report, which backed the idea of requiring women to register for Selective Service.

However, another distinctive school of thought advocates for the abolition of the draft altogether, as opposed to requiring all young people to register regardless of gender. As Boston Globe columnist Jeff Jacoby wrote in his recent piece, Women don’t register for the draft, and men shouldn’t either, “Selective Service has outlived its usefulness. It should be consigned to history. […] Congress shouldn’t just end male-only draft registration. It should end draft registration, period.” Jacoby goes on to argue that the draft is an outdated practice and that an all-volunteer army is far more effective: “Compared with draftees, [those who volunteer for service] work harder, serve longer, perform better, and are more likely to regard their service as a calling, not a compulsion. Their commitment and skill are reflected in the consistent No. 1 ranking of the military as the most trusted institution in America.” This final point is supported by a 2019 Gallup Poll that found that Americans trust the U.S. military more than any other public institution. 

But, of course, there are legitimate issues posed by relying on a solely volunteer force. The All-Volunteer Force Forum (AVF Forum) is a network of military personnel and citizens alike who support some sort of draft being reinstated in order to combat the civil-military gap (a disconnect in views between military and non-military individuals). The AVF Forum cites issues including unsustainable recruiting techniques, a lack of socioeconomic and geographic diversity in the armed forces, and an inability to draw from the largest pool of possible candidates as all being exacerbated by a reliance on volunteerism.

In April, The AVF Forum held a conference to discuss potential amendments to the draft which do not include the complete dissolution of the institution. One solution is as follows:

“The conscription of only 5 to 10 percent of the force from the top 10 percent income tax bracket, [presented] by Marine Corps veteran and author Elliot Ackerman. The logic being that those within reach of the levers of power would be more inclined to limit military involvement if their own children faced drafting and deployment.”

No clear solution was reached at The AVF Forum conference, as the complicated debate continues to rage.

While it is unclear where exactly President Biden stands on the matter, he did share a clarifying quote at the Military Officers Association of America candidate forum in September of 2020 before he assumed the presidency. “The United States does not need a larger military, and we don’t need a draft at this time. […] I would, however, ensure that women are also eligible to register for the Selective Service System so that men and women are treated equally in the event of future conflicts,” said Biden.

The original proposition by the Senate Armed Services Committee is expected to be considered during committee markup this week. However, there will be no official floor action on the bill until at least later this year. 

If the legislation eventually passes, the measure would only go into effect one year after approval.

BLM by Mina Tocalini for 360 Magazine

Juneteenth: A Road to Unity campaign

‘Grandmother of Juneteenth’ to walk in Galveston for “absolute equality”

The Juneteenth Legacy Project’s honorary national co-chair, Opal Lee will continue her Juneteenth: A Road to Unity campaign in Galveston on Memorial Day to influence Congress to make Juneteenth a national holiday.

On Monday, May 31 (Memorial Day) at 7:45 am Central, she will lead a walk for “absolute equality,” starting from 2702 Seawall Boulevard and ending at the Juneteenth Legacy Project’s massive public art installation at 2201 Strand.

Ms. Opal will be joined by leaders of the Juneteenth movement to support her effort to make Juneteenth a national holiday. The 2.5-mile walk, which is open to the public, will pass by a number of historic Juneteenth-related sites.

For those who may have missed it, The New York Times published a feature on the Juneteenth Legacy Project in their Sunday, May 23, 2021 print edition.

Also, please mark your calendars: Juneteenth Legacy Project will dedicate its public art installation, “Absolute Equality,” on June 19 at 11:30 am in Galveston. The public ceremony will feature a host of guests important to the initiative. Special guests will include U.S. Senator John Cornyn (R-Texas) and U.S. Representative Sheila Jackson Lee (D-Texas), co-authors of legislation to make Juneteenth a national holiday.

For additional information, visit HERE.

The Nation cover illustration by Heather Skovlund (Original cover art Illustration by Barry Blitt) for 360 Magazine

Elie Mystal × The Nation

Can Biden Fix the Courts That Trump Broke?

There is no progressive future without a serious fight to reclaim the judiciary from the grips of conservative judges.

In The Nation’s latest cover story, justice correspondent Elie Mystal explains:

“While previous Republican administrations tried to break government, Donald Trump tried to break democracy. He did this boldly and brazenly, by attacking elections, and he did it less boldly but no less brazenly, by working alongside Mitch McConnell to take over the unelected branch of government that sets the rules for all the others: the federal judiciary. That branch is now stuffed with conservative ideologues masquerading as jurists.”

Making the case that there is no progressive future without a serious fight to reclaim the judiciary from the grips of conservative judges, Mystal evaluates whether Biden can fix the courts that Trump broke: Happily, there is a solution, and that solution is to expand the lower courts.

Congress has used its constitutional authority throughout history to expand the federal judiciary. Historically, these lower court expansions were bipartisan: As the country grows in population, so does the number of lawsuits. Adding judges is just a thing we used to do to keep the judiciary running smoothly. But since 1990, when the last judgeship bill was passed, the US population has grown by a third; the number of district court cases has grown by 38 percent; and the number of cases involving a felony defendant has grown by 60 percent. The number of judges has not changed.

“I absolutely believe that if Trump had won reelection and McConnell had hung onto the Senate, Republicans would be working on court expansion right now,” writes Mystal. “There just aren’t a lot of vacancies left in the federal judiciary. Republicans can always find some casus belli for stacking the courts with conservative judges. The only question is whether Democrats will ever realize there’s a war, and they’re losing it.”

“To balance out decades of inequity, Biden’s judicial appointments shouldn’t ‘look like America;’ they should overrepresent the kinds of Americans routinely excluded by Republican administrations,” he continues. “You can’t balance a seesaw by standing in the middle when an elephant is sitting on one side.”

Read the full cover story here. Mystal, who covers the courts, the criminal justice system, and politics for The Nation, has also recently reported:

Biden’s Supreme Court Commission Is Designed to Fail

Biden’s recently announced commission to study court reform isn’t designed to offer solutions—it’s designed to be an excuse to do nothing.

How the Supreme Court Gave Cops a License to Kill

Derek Chauvin’s defense team is hoping that the 1989 Graham v. Connor ruling will be his ticket to acquittal.

The Blue Wall of Silence Is Crumbling Around Derek Chauvin

For one of the first times in memory, police are testifying against one of their own. But will it lead to an actual conviction?

ABOUT Elie Mystal

Elie Mystal is The Nation’s justice correspondent—covering the courts, the criminal justice system, and politics—and the force behind the magazine’s monthly column, “Objection!” He is also an Alfred Knobler Fellow at the Type Media Center. A graduate of Harvard College and Harvard Law School, Mystal was previously the executive editor of Above the Law and a former associate at Debevoise & Plimpton. He’s a frequent guest on MSNBC and Sirius XM. 

Founded by abolitionists in 1865, The Nation has chronicled the breadth and depth of political and cultural life from the debut of the telegraph to the rise of Twitter, serving as a critical, independent, and progressive voice in American journalism.

Agriculture illustration by Heather Skovlund for 360 Magazine

USDA Announces Investment

USDA Announces $218 Million Investment in Land and Water Conservation

Agriculture Secretary Tom Vilsack today announced the USDA Forest Service will invest more than $218 million to fund Great American Outdoors Act projects to conserve critical forest and wetland habitat, support rural economic recovery, and increase public access to national forests and grasslands.

Leveraging the Land and Water Conservation Fund (LWCF) provided by Congress, this investment will improve public access by funding strategic land acquisitions. Funds will also support work with state agencies to encourage private forest landowners to protect their land through conservation easements or land purchases.

“These investments reflect President Biden’s commitment to supporting locally-led conservation efforts from coast to coast and to honoring and building on the proud private land stewardship traditions of farmers, ranchers, and forest owners,” said Agriculture Secretary Tom Vilsack. “The investments will not only protect our natural heritage, but they will also create jobs, expand access to the outdoors, and help tackle climate change.”

The Forest Service administers two LWCF programs: The Forest Legacy Program and the Land Acquisition program. Together, these programs conserve critical and strategic lands across the nation’s forests on both private and public lands. The Forest Service will invest more than $94 million to fund 28 projects under the Forest Legacy Program and $123 million to fund Land Acquisition Program projects, including projects for recreation access and other needs.

Land Acquisition Program highlights include:

  • $6.4 million in FY 2021 to acquire 8,590 acres for the Lolo Trails Project in Montana. This project aims to mitigate the effects of climate change by providing the cold water that federally listed bull trout and other species need to sustain healthy populations in a warming climate.
  • $3.7 million to acquire 1,550 acres in the Yakima River Basin for the Washington Cascades Project. Supported by a wide coalition of public, private and non-profit partners, this project seeks to ensure a long-term water supply in the face of climate change.

Forest Legacy Program highlights include:

  • Protecting 12,500 acres of habitat, water and timber on the Ceylon Forest in Georgia. 2.5 million people depend on the Ceylon for drinking water that flows from and through the forest. As a working forest, the Ceylon supports a local wood-based economy that includes 121 mills, with a $1.69 million payroll impact. Once completed, the area will also become part of a much larger Wildlife Management Area and serve as an ideal hunting and fishing destination for sportsmen across the Southeast.
  • The East Grand-Weston in Maine builds on a century-old tradition of sustainable forestry and expands recreation opportunities over more than 4,300 acres. The property supports a thriving local recreation industry by protecting lands, waters and trails while also providing sustainable wood products to up to 15 mills. The property will remain in private hands while continuing to be managed for public benefits.
  • The second phase of the Kootenai Forestlands Conservation Project will permanently protect nearly 28,000 acres of land in northwest Montana. The project area belongs to the Stimson Lumber Company and contributes to the local economy while allowing free public access as a recreation destination for hunting, fishing, skiing, hiking, snowmobiling and more. The project will also protect the area from further residential development, reducing future firefighting costs by more than half.

Background

The Forest Service has been administering LWCF projects since 1964 along with the Department of the Interior. The fund supports Forest Service-led conservation projects including acquisition of critical non-federal lands within the boundaries of national forests and grasslands. Now, with full and permanent funding through the Dingell Act and the Great American Outdoors Act, the Forest Service is poised to strengthen its conservation program and provide greater recreation access to national forests and grasslands.

The agency worked with partners, considered multiple criteria and used established competitive processes to select projects for fiscal year 2021. During the review, the agency evaluated the environmental, social, and economic benefits of proposed projects and whether they contributed to other conservation initiatives. The Forest Service also considered local recreation access needs, the level of local support for strategic land acquisitions and how likely it would be for project areas to be converted to non-forest uses.

For more information on the Great American Outdoors Act and related projects, visit the website.

USDA touches the lives of all Americans each day in so many positive ways. In the Biden-Harris Administration under Secretary Vilsack, USDA is committed to transforming America’s food system with a greater focus on more resilient local and regional food production, fairer markets for all producers, ensuring access to healthy and nutritious food in all communities, building new markets and streams of income for farmers and producers using climate-smart food and forestry practices, making historic investments in infrastructure and clean energy capabilities in rural America, and committing to equity across the Department by removing systemic barriers and building a workforce more representative of America. To learn more, visit USDA.

Donald Trump illustration by Kaelen Felix for 360 MAGAZINE

Donald Trump Impeached Again

By Dana Feeney

The House of Representatives has voted to impeach President Donald Trump for the second time in his four-year term as president, which started in January of 2017. He is the third president to be impeached and the first president ever to be impeached more than once. This second impeachment comes shortly after the riots in the capital last week on January 6th, 2021. Trump is being impeached on the charge of “incitement of insurrection’’ because of the statements he made on January 6. He told his supporters to “fight like hell” because the Democrats were stealing the election. You can watch the speech hereDuring the riots, Trump supporters carrying a variety of racist and white supremacist paraphernalia swarmed the Capitol and forced their way into the building to stop the count of electoral votes. The riot caused the deaths of at least five individuals, including a Capitol police officer. 

Because of the insurrection, Democrats pushed for Vice President Mike Pence to enact the 25th amendment, which he could use to declare Trump unfit to serve as president and remove him from office. Republicans blocked this move. U.S. Congressmen David N. Cicilline (RI-01), Ted Lieu (CA-33), and Jamie Raskin (MD-08) introduced the article of impeachment to the House of Representatives on the morning of January 11, 2021. The article of impeachment is co-sponsored by 211 members of Congress according to Cicilline’s press release. You can read the full article of impeachment here. On January 13, 2021, the House of Representatives voted to impeach Trump with a 232 to 197 majority. 10 Republicans voted to impeach, more members of the president’s party than in any prior impeachment.

Impeachment does not mean removal from office; impeachment is adjacent to an indictment. The difference in American law is that indictment applies to criminal charges, while impeachment is the accusation of misconduct in a political setting. Any civil officer in the United States can be impeached. In the case of the President or Vice President, the first step is the introduction of the article(s) of impeachment in the House of Representatives. After the article(s) of impeachment are introduced to the House, the House then votes on each article of impeachment, and if any pass by a simple majority, more than 50%, the articles will be tried in front of the Senate. During the Senate trial, the chief justice of the Supreme Court presides over the Senate trial, the Senate body functions as the jury, a committee of House representatives, called “managers,” act as the prosecution, and the president and his or her lawyers act as the defense. All articles of impeachment are argued on the Senate floor, then are voted on by the Senate body to either convict or acquit; to convict, there must be a two-thirds majority. Only two presidents, Bill Clinton and Andrew Johnson, were impeached and reached the Senate trial, both were acquitted. Despite an extensive impeachment investigation, Richard Nixon was never impeached because he resigned.  

Yesterday, January 13, 2021, the House voted to impeach Trump with only six days until the inauguration of Joe Biden. It is highly unlikely that Trump will be removed from office before the end of his term as president. The Senate is not set to be in session until January 19, 2021, and neither Democrats nor Republicans benefit from rushing the trial to be any sooner as this Senate trial will be a lengthy process that requires preparation from both the prosecution and the defense. Despite Trump losing the support of some members of his party, it is unclear how likely it is that Trump will be convicted because, even Mitt Romney, who voted to impeach in the first impeachment, has implied he is unsure that this is the right way to go. Many Republicans may hesitate to vote to convict because of the 74 million people who voted for Trump; these are the people who control whether Republicans will be reelected in the future. The main person who could cause a possible shift is Mitch McConnell, the Senate majority leader. If McConnell chooses to vote to convict Trump, other members of the Republican party may do the same. McConnell released this statement on January 13 saying that “there is simply no chance that a fair or serious trial could conclude before President-elect Biden is sworn in next week.”

Trump has been silent since besides releasing this video condemning violence and has not acknowledged the second impeachment. He has been banned from social media, including Twitter, Facebook, Instagram, YouTube, Twitch, and Snapchat. Along with these bans, the tech industry has made broad statements against this recent violence. Apple and Google have removed the app Parler from their app stores. The app was used by Trump supporters and white supremacists to communicate and coordinate the attack on the Capitol. Further, Amazon Web Services, which hosted the app, has cut off its service to Parler on the premise that it violated its terms of service. One feature of the app was that users could upload a photograph of their government-issued ID or driver’s license to become a “Verified Citizen.” The app lost the support of its security services, which protected user data, leaving it vulnerable to hackers who stole the data and turned it over to the FBI to be used to identify terrorists present at the riot. Read more about it here. Additionally, there are accounts publicly identifying people in photographs from the riots on platforms including Instagram, Facebook, and TikTok. Federal officials are identifying and arresting individuals who were at the event.

 The riots have caused many security changes in Washington D.C. and state capitals across the U.S. as Joe Biden’s inauguration grows closer and threats of further violence continue to spread online. These changes include the resignation of the U.S. Capitol Police chief, Steven Sund, increased police and national guard presence in Washington D.C. and the implementation of high security barriers around the Capitol building. Many D.C. businesses inside of the security perimeter are already making changes in preparation for the inauguration. Some are boarding up their windows in preparation for possible protests while others are preparing to serve guests who come to D.C. for the inauguration. In response to various local, state, and federal officials asking people not to travel to Washington, D.C., Airbnb has canceled all reservations in the Washington, D.C. metro area during the inauguration week, according to this press release. Some hotel chains in the city have stated that they will be hosting guests; as of now, nothing has been done to prevent this.

The events in this article, including the Senate trial, the consequences of the riots, and the coming inauguration, are all ongoing.

 

Senate called on to include $200 billion for charities in relief package

A coalition of nonprofit groups is calling on the U.S. Senate to include a temporary emergency stimulus in its next pandemic relief package. The proposal would unlock $200 billion in charitable funds to assist charities overwhelmed by the pandemic, with updates to the laws governing private foundations and donor-advised funds (DAFs). The proposal would release more of the estimated $1.2 trillion they currently hold by increasing required distributions to 10 percent annually for three years.

“Nonprofits need emergency help right now. Millions of nonprofit jobs have been lost, one-third of them in health care. Up to 120,000 nonprofits are shutting down completely,” said Scott Wallace, co-chair of the Wallace Global Fund, a private foundation that committed to spend 20 percent of its own endowment in 2020. “We urge Congress to enact an Emergency Charity Stimulus to force philanthropies to increase their support for nonprofit organizations – immediately, urgently, and temporarily, to allow time for deployment of a vaccine and economic recovery.” 

“We are collectively facing the most dire moment that many of us have seen in our lifetimes, and it is likely the tip of the iceberg in terms of the challenges that await us as a society and a planet,” said Aileen Getty, founder and president of the Aileen Getty Foundation and granddaughter of billionaire J. Paul Getty.

“While some foundations and donors are stepping up at this moment, others continue to treat the five percent payout as a ceiling not a floor,” said Chuck Collins, director of the Charity Reform Initiative at the Institute for Policy Studies. ““Donors have already taken the tax break for these contributions. Congress needs to raise the bar for those donors who haven’t figured out this is no time to sit on your treasure.”

Led by the Charity Reform Initiative of the Institute for Policy Studies, Patriotic Millionaires, and the Wallace Global Fund, the groups first proposed the idea in May with a letter to Congress. The letter has now been signed by almost 800 philanthropists and leaders of foundations as well as several thousand nonprofit leaders and staff.

The proposal calls for a temporary doubling of private foundation payout from 5 percent to 10 percent for three years and would establish a similar 10 percent payout for donor-advised funds (DAFs) that currently have no mandate.

Researchers at the Institute for Policy Studies estimate these policies would unleash an estimated $200 billion in additional charity funds over three years, with no additional cost to taxpayers. The independent nonprofit sector is part of the front-line response to the pandemic and other natural disasters. The sector employs 12 million workers or more than 10 percent of the private workforce.

Prominent signers of the letter include: Scott Wallace, Wallace Global Fund (PA); Abigail Disney (NY); Aileen Getty, Aileen Getty Foundation (CA), Sara Miller, Miranda Family Fund (NY), Rory Kennedy (CA), Ning Mosberger-Tang (CO); Catherine Gund, George Gund Foundation (NY); Mary Mountcastle, Mary Reynolds Babcock Foundation (NC); Anna Fink, Amalgamated Charitable; Ellen Friedman, Compton Fund (CA); Jerry Hirsch, Lodestar Foundation (AZ); Morris Pearl (NY); and Stephen Prince (TN). 

About the Charity Reform Initiative

The Charity Reform Initiative of the Institute for Policy Studies aims to modernize the rules governing philanthropy to increase the flow of resources to the nonprofit independent sector and protect the integrity of the tax system. 

About the Patriotic Millionaires

The Patriotic Millionaires are high-net worth Americans, business leaders, and investors who are united in their concern about the destabilizing concentration of wealth and power in America. The mission of The Patriotic Millionaires organization is to build a more stable, prosperous, and inclusive nation by promoting public policies based on the “first principles” of equal political representation, a guaranteed living wage for all working citizens, and a fair tax system. 

About the Wallace Global Fund

The mission of the Wallace Global Fund is to support people-powered movements to advance democracy and rights and to fight for a healthy planet.

banging gavel illustration

Brown v. Board of Education Education Sites Linked

Today, House Majority Whip Jim Clyburn (D-S.C.) and U.S. Senator Chris Coons (D-Del.) introduced legislation to honor and commemorate the historic sites that contributed to the 1954 landmark Supreme Court decision, Brown v. Board of Education of Topeka. The purpose of this legislation is to expand the Brown v. Board of Education National Historic Site to include historic sites in South Carolina and designate National Park Service (NPS) Affiliated Areas in other states.

It would recognize the importance of the additional sites that catalyzed litigation in Delaware, South Carolina, Kansas, Virginia and Washington, DC, and expand the Brown v. Board of Education National Historic Site in Topeka, Kansas. The legislation was crafted in partnership with the National Trust for Historic Preservation. In the Senate, the bill is cosponsored by U.S. Senators Lindsey Graham (R-S.C.) and Mark Warner (D-Va.).

“This legislative initiative has been a personal mission for me to ensure that all Brown v. Board of Education sites receive their due recognition for the contributions they made to end ‘separate but equal’ education in this country,” Rep. Clyburn said. “I am honored to represent Summerton, South Carolina, where the first case that eventually ended the practice of legal segregation, Briggs v. Elliott, originated, and I knew many of the plaintiffs in that case. The unsung heroes of Briggs v. Elliott, and all the other plaintiffs that collectively became Brown v. Board of Education, must be remembered and memorialized to fully tell the story of how segregation ended in our nation’s public schools.”

“In order to change our future, we must confront our past,” said Senator Coons. “The preservation of historic sites connected to the Supreme Court case, Brown v. Board of Education, is an important step in remembering the painful but significant impact the doctrine of separate but equal had on our nation. The Bulah v. Gebhart and Belton v. Gebhart Delaware decisions that were affirmed in Brown v. Board of Education are a story of what is possible when a mother fights for her child, and a lawyer and chancellor fight for change. I’m honored to introduce this legislation in the Senate which will preserve and share this important history.”

“Passage of this legislation will help us tell the full story of Brown V. Board of Education by elevating and protecting these powerful historic places and the inspiring stories of people who have not previously had their story told on a national stage,” said Katherine Malone-France, the Chief Preservation Officer for the National Trust for Historic Preservation.

The 1954 Supreme Court decision in Brown v. Board of Education of Topeka by constitutional scholar Louis H. Pollak as “probably the most important American government act of any kind since the Emancipation Proclamation.” The Brown decision transformed the United States, striking down the separate-but-equal doctrine established by Plessy v. Ferguson in 1896. The Plessy decision was the linchpin that condoned and entrenched legalized segregation across the South, despite protections clearly stated in the U.S. Constitution and underscored by the 14th and 15th Amendments.

 These laws stayed in placed for nearly 100 years after Reconstruction, but pioneering civil rights lawyers Charles Hamilton Houston, Thurgood Marshall, William Hastie, Constance Baker Motley, Louis Lorenzo Redding, and others challenged the constitutionality of segregation and won. The Brown decision ended the practice of legalized segregation in educational facilities and was a major catalyst of the Civil Rights Movement of the 1950s and 60s.  
 
The history of Brown v. Board of Education is represented in our national consciousness by a single building, Monroe School, which is a National Historic Site located in Topeka, Kansas. This limited geographic scope condenses public memory of these events and inadvertently fails to recognize the contributions of the other communities in Claymont, Delaware; Hockessin, Delaware; Wilmington, Delaware; Summerton, South Carolina; Farmville, Virginia; and the District of Columbia that were also important to the fight for equality and that saw their cases consolidated with the Brown case. The geographic dispersion of these locations demonstrates that Brown v. Board of Education is truly a story of a national struggle with national significance.

“Recognizing Hockessin Colored School #107 as an affiliated area of the National Park System is a fitting tribute to Delaware’s unique role in the Brown decision,” said the Honorable Collins J. Seitz, Chief Justice of the Delaware Supreme Court. “Of the five cases appealed in Brown, the Delaware decision in Belton v. Gebhart – requiring the immediate admission of African American students to schools attended by white children – was the only appeal affirmed by the Supreme Court.”

“The family of Louis L. Redding commends the preservation of these historic schools as reminders of the hard-won rights of African Americans to equal access in education,” said JB Redding, on behalf of the family of Louis L. Redding. “Further, their existence serves as a reminder that the struggle for full implementation of these rights continues.”

“With the path to the infamous Brown versus the Board of Education beginning its genesis in Summerton, South Carolina, with the Briggs v. Elliott case, the Clarendon School District One’s Board of Trustees and the local community is humbled and honored to have two historic facilities entrusted to the National Park Service,” said Clarendon Superintendent Barbara Champagne.

The designation of the Summerton School and the Scott’s Branch School is steeped in the authentic American story of the journey for equality and equity. The voices of those courageous men and women who were given the vision for better opportunities and for equitable resources will not remain silent or forgotten. Instead, their voices will echo through the annals of history as a reminder of what can be achieved through determination, perseverance, and faith.

 The creation of NPS Affiliated Areas in Delaware, Virginia, and the District of Columbia for sites associated with the Brown v. Board of Education case and an expansion of theBrown v. Board of Education National Historic Site to include the related sites in South Carolina provides an opportunity for these sites to tell their own uplifting, under-recognized stories of students, parents, and their allies who helped shape American society. 

Enactment of this legislation has the potential to appropriately recognize the sites associated with the other four court cases and help them to combine current uses with preservation and public education.  In collaboration with local partners and other stakeholders, the National Trust will continue their collective work to bring recognition to communities that fought for school integration, helping these sites to tell their own history of the Brown v. Board of Education case and make connections to other communities engaged in the fight for educational equity, past and present.  

About the National Trust for Historic Preservation

The National Trust for Historic Preservation is a privately funded nonprofit organization that works to save America’s historic places. Visit http://www.savingplaces.org

About the African American Cultural Heritage Action Fund

The African American Cultural Heritage Action Fund is a multi-year initiative led by the National Trust for Historic Preservation in partnership with the Ford Foundation, the JPB Foundation, the Open Society Foundations and other partners, working to make an important and lasting contribution to our cultural landscape by elevating the stories and places of African American achievement and activism. Visit http://www.savingplaces.org/actionfund

Coronavirus illustration

COVID-19 Cases at Nursing Homes

Nursing homes see spike in COVID-19 cases as communities loosen quarantine guidelines.

The American Health Care Association and National Center for Assisted Living (AHCA/NCAL), representing more than 14,000 nursing homes and assisted living communities across the country that provide care to approximately five million people each year, released a report today showing nursing homes in the U.S. have experienced an alarming spike in new COVID cases due to community spread among the general population according to recent data recently released from the Centers for Medicare & Medicaid Services (CMS).

The CMS data shows COVID cases in nursing homes significantly increased last month after having dropped significantly throughout the month of June.

As experts have repeatedly noted, COVID-19 cases in a surrounding community is a top factor in outbreaks in nursing homes. Dr. David Grabowski, professor of Health Care Policy, Harvard Medical School recently stated, “According to preliminary research presented, larger facilities located in urban areas with large populations, particularly in counties with a higher prevalence of COVID-19 cases, were more likely to have reported cases.”

The same report also showed COVID-related deaths in nursing homes had declined significantly but have started to uptick again in recent weeks.

“With the recent major spikes of COVID cases in many states across the country, we were very concerned this trend would lead to an increase in cases in nursing homes and unfortunately it has,” stated Mark Parkinson, President and CEO of the American Health Care Association and National Center for Assisted Living. “This is especially troubling since many nursing homes and other long term care facilities are still unable to acquire the personal protective equipment and testing they need to fully combat this virus.”

AHCA/NCAL is calling on public health officials to take immediate steps to protect nursing homes and assisted living communities especially in areas with significant uptick in new COVID cases. Specifically, Parkinson is urging Congress for an additional $100 billion for the U.S. Department of Health and Human Services (HHS) Provider Relief Fund, which is accessible for all health care providers impacted by COVID-19, and that a sizeable portion of the fund be dedicated to helping nursing homes and assisted living communities acquire resources associated with protecting vulnerable residents and staff from the virus, including constant testing, PPE and staff support.

“Without adequate funding and resources, the U.S. will end up repeating the same mistakes from several months ago. We need Congress to prioritize our vulnerable seniors and their caregivers in nursing homes and assisted living communities in this upcoming legislation.”

For more information, please visit www.ahcancal.org/coronavirus.