Author Archives: Bob Rayner

We’re Doctors. Implicit Bias Training Has No Place in Medicine.

Posted on February 19, 2024 | 28 comments

by Martin Caplan, MD, and Kenneth Lipstock, MD

Apparently, Virginia’s doctors and nurses are racist.

This is the message of two bills that are moving through the state legislature. The bills would force medical professionals to take ongoing “implicit bias training” to get and keep their license. The problem is that such training is insulting, dangerous, and scientifically indefensible. It’s grounded in the false idea that people mistreat and even oppress others, especially those of a different race.

It’s a popular narrative, but there is no sound evidence to support it. What is clear is that if our lawmakers pass these bills, they’ll encourage racial division and tribalism, while undermining the medical profession and hurting patients who need our help. Continue reading →

28 Comments

Posted in DEI, Education (higher ed), Health Care, Race and Race Relations, Virginia Law

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Judge Uses Crude Statistics to Find Racial Profiling by Richmond Police

Posted on February 16, 2024 | 34 comments

by Hans Bader

A judge recently found that the City of Richmond racially profiles black motorists, dismissing the indictment of a black convicted felon accused of illegally possessing a gun. The judge did not find that defendant Keith Moore had been treated differently than a similarly situated white motorist. Instead, he ruled that Richmond police stops are racially discriminatory, based on statistics showing blacks are stopped and arrested at much higher rates than whites; and based on Richmond’s past “history of discrimination,” such as racialized zoning and redlining, and the “Confederate foundations” of the Richmond Police Department. “The Court will not require Moore to provide evidence of similarly situated individuals to prove his selective enforcement claim,” wrote the judge.

This is likely to create big problems for the City of Richmond, potentially leading to many criminals being released from jail. If a judge claims racial discrimination happened, he should identify what policies are racially discriminatory, or give concrete examples of discrimination, so that the problem can be fixed.  But Judge Gibney failed to do that in his February 12 ruling in United States v. Keith Rodney Moore. So now the City is deemed guilty of discrimination, based on things no individual police officer can change (such as city-wide statistics), and things that literally no one can change (such as  the confederate origins of the police department and Richmond’s segregated past). If other judges follow this flawed ruling, other criminals can also have their indictments dismissed based on city-wide statistics, even if it is undisputed that they committed the crime for which they were arrested.

Although the judge cited statistical disparities, he did not cite any specific police practices that led to blacks being stopped at higher rates, as he should have done if police were actually at fault. In Smith v. City of Jackson (2005), the Supreme Court ruled that even unintentional discrimination (disparate-impact) cannot be proved through statistics unless “specific” practices are identified that caused the “statistical disparities.” The disparities themselves are not enough. Continue reading →

34 Comments

Posted in Courts and law, Crime, Corrections and Law Enforcement

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Nasty Social Media Message Attacks Virginia’s Speaker of the House

Posted on February 16, 2024 | 31 comments

Speaker Don Scott

by Kerry Dougherty

Great. Just what embattled Virginia Republicans need now: an ugly social media post attacking the new speaker of the House of Delegates over a crime he committed and did time for almost 30 years ago.

It’s no secret that Portsmouth Democrat Don Scott was convicted on drug charges in 1994 and served seven years in prison for his crime. He was released, turned his life around, became a lawyer, a member of the House of Delegates and was elected speaker this year.

The Washington Post sums up Scott’s biography this way:

Scott was convicted of carrying drug-related money across state lines just as he finished law school in Louisiana. Years after his release, Scott had his Virginia voting rights restored by then-governor Robert McDonnell (R), got his law license and has risen rapidly through the ranks at the General Assembly to become the first Black speaker in state history.

Oh, and when his friend and neighbor, Portsmouth Circuit Court Judge Johnny Morrison, needed a kidney, Scott donated his.

That’s an extraordinary act of generosity.

Look, I don’t agree with Scott’s politics and I think that most of the initiatives Virginia Democrats are pushing are radical and bad for the commonwealth. The party’s soft-on-crime positions are long-standing and detrimental to public safety.

But that has nothing to do with Scott’s past. Continue reading →

31 Comments

Posted in General Assembly, Politics

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Dartmouth Reinstated the SAT. Will Virginia Universities Follow Suit?

Posted on February 16, 2024 | 13 comments

by Nancy Almasi

Dartmouth College is making news regarding its return to using the SAT/ACT scores once again as a part of its admissions process. The policy will become effective in 2025 for the incoming class of 2029.

Many colleges and universities decided to make the SAT/ACT test optional during the COVID-19 pandemic when health protocols made taking these tests more difficult for students. This came on the heels of many years of pressure from those who believe that SAT and ACT tests are biased towards those who are wealthy and/or white, arguing that those who can afford SAT prep classes, tutoring, and books have an unfair advantage.

Dartmouth’s policy reversal came as the result of a faculty study prepared by three economists and one sociologist. The professors compared the admissions data from the years when the standardized tests were optional with the data when the tests were required. They concluded that the scores were helpful in finding well-rounded, academically prepared students from diverse backgrounds.

Dartmouth President Sian Leah Birlock wrote the following in her email to the Dartmouth campus about the policy change.

SAT and ACT scores reflect inequality in society and in educational systems across the nation. The research does not dispute that. Crucially, though, the research shows that standardized test scores can be an important predictor of academic success at a place like Dartmouth and beyond—more so even than just grades or recommendations, for example—and with a test-optional policy, prompted by the pandemic, we were unintentionally overlooking applicants from less-resourced backgrounds who could thrive here.

Continue reading →

13 Comments

Posted in Education (higher ed)

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Moving the Goalposts (for Banning Books)

Posted on February 15, 2024 | 22 comments

by Joe Fitzgerald

Everybody probably already knew what moving the goalposts meant, but with Taylor bringing in a new set of football fans, the sports-related metaphors can probably be used more widely.

Moving the goalposts is of course a reference to changing the standards in the middle of a process. Latest example: the Rockingham County School Board’s half-assed approach to banning books.

We all know the things wrong with their approach. Some of the books aren’t in the library; they haven’t read them; they can’t substantiate their claims of parental complaints; they’ve over-ruled a policy they didn’t know existed; and they’ve interfered in an educational process in which they have no training.

Two writers in The Harrisonburg Citizen have recently suggested that there are two sides to the issue or that the problem is not the book-banning but the way it’s being discussed. Giving the Fahrenheit 451 crowd this benefit of the doubt moves the goalposts toward censorship and religious domination of public discussion. There’s a reason the First Amendment is the first one, and there’s a reason its first clause says the nation won’t give special respect to an establishment of religion. Continue reading →

22 Comments

Posted in Culture wars, Education (K-12), Uncategorized

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Swallow the Money, Part 3 of 3

Posted on February 14, 2024 | 21 comments

by Joe Fitzgerald

VPAP and CFReports let you go from “How about that?” to “Oh, my God!” in 5.2 seconds. They’re attractive to the kind of nerds who used to go through the encyclopedia or the World Almanac. Yes, I did. Why do you ask?

One local PAC became a subject for a dive into CFReports and VPAP when someone asked if it was true they paid for health insurance for one of their principals. The answer is that with Virginia’s campaign finance reporting rules, it’s hard to say.

VPAP and CFReports are explained in Part 1 of this series. A PAC, as explained there, is a political action committee. It raises money from political donors and spends it on political candidates or causes.

That cause for Rural Ground Game, RGG, is electing rural Democrats. The perceived need for the PAC is the myth that the Democratic Party ignores rural areas and therefore doesn’t win rural elections. The actual case is that Democrats don’t win rural elections because rural voters vote overwhelmingly Republican, but the myth is popular among those who run better against their fellow Democrats than against Republicans. Continue reading →

21 Comments

Posted in Campaign finance reform, Elections, Electoral process, Politics, Virginia Law

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Swallow the Money, Part 2 of 3

Posted on February 13, 2024 | 2 comments

by Joe Fitzgerald

There’s a donor in CFReports named “no name.” He, she, or it is listed on the report as “Name, No.” This same donor is called “Unknown Entity” in VPAP. Or perhaps “Entity, Unknown.” (VPAP and CFReports are described in Part 1.)

This donor’s address shows up as Matt Cross’s house on his campaign reports. (The address is public record, but it feels like doxing to use it here.) “No Name” gave Cross $170 for his 2021 campaign for the Rockingham County School Board, which he now chairs.

Cross’s reports demonstrate two things about Virginia’s system for campaign finance reporting. One is that it’s as easy to make at least a dozen mistakes as it is to make one. The other is that if a report is riddled with errors, it’s not clear what’s to be done about it.

Cross’s finance reports are good examples of the idea that the kind of campaign a politician runs can show us what kind of public official they will be. Cross’s reports show a candidate who appears to either not know how to fill out the reports or perhaps thinks the rules don’t apply to him. Maybe that’s what we should expect of a candidate who, upon taking leadership of a like-minded board, began banning books without regard for how they were chosen or what the process is for challenging a book. Instead they are banning books regardless of whether they’re in county schools, based not on any identifiable process but on vague parental complaints they have yet to produce.

The law on “No Name” at Cross’s house is that any campaign donor must be identified by name, address, and occupation. If that information is not available, the money is not supposed to be used for campaign purposes, but should be donated to charity. In the past, local candidates have given unidentified money as well as unspent funds to churches or non-profits. (Where the money goes is not regulated. One Harrisonburg City Council candidate, unopposed for re-election, gave $460 to his son for “campaigning.”) There is no report on VPAP of Cross donating any campaign money to charity, so it’s hard to say what he did with No Name’s $170.

As noted above, the donor’s occupation is supposed to be listed on CFReports. But that information does not appear on any of the donors in a particular group of campaign reports, defined further down. Continue reading →

2 Comments

Posted in Campaign finance reform, Elections, Electoral process, General Assembly, Politics, Virginia Law

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Swallow the Money, Part 1 of 3

Posted on February 12, 2024 | 7 comments

by Joe Fitzgerald

When a governor was accepting gifts and amenities from a supporter some years back, the surprise for many Virginians came when it was time to indict him. The Feds had to do it, because he probably hadn’t broken any state laws, and eventually, after trials and appeals, he didn’t stand convicted of breaking any federal laws either.

The big surprise, the dirty little secret, the obscure fact about campaign finance is that very little is illegal. This is in part because the people who would have to make things illegal are the same people who might be doing the potentially illegal things. Stated another way, a delegate or senator is not going to find fault with a fundraising system they’re going to need next year. Any action they vote to ban might be one they’ve used themselves. A state senator asked to outlaw a particular type of fundraising might instead think it’s worth trying in the next campaign.

The Virginia system is that a candidate can raise as much money as he or she wants so long as it’s all reported. There’s a 69-page document on the state elections website on what needs to be reported and how. There’s a slightly shorter version for a Political Action Committee, a PAC. I’ve read both. Neither is complicated.

But what is complicated is the process to read the reports. CFReports is the state site where anybody on the web can read about any donation to Virginia races from school board to governor, if they know what to look for. VPAP, the Virginia Public Access Project, presents these reports in a more general and more readable form than CFReports, but neither offers any interpretation of the numbers. Is a donation larger than usual? Smaller? Did a major donor give more this year than last? Continue reading →

7 Comments

Posted in Campaign finance reform, Electoral process, General Assembly, Politics, Virginia Law

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The Return of Compulsory Chapel: George Mason Will Require Students to Take ‘Social Justice’ Courses

Posted on February 12, 2024 | 29 comments

by the staff of Liberty Unyielding

It’s the “return of compulsory chapel: George Mason University, a Virginia public institution, will require students to take two social justice courses,” notes Walter Olson of the Cato Institute. A student taking such courses will have “to demonstrate” “competencies” in “diversity,” “equity.” and “inclusion.” George Mason University is Virginia’s largest university.

Last month, George Mason University announced:

Students entering Mason in Fall 2024 or later will be required to take two Mason Core courses that have the Just Societies flag….

Courses with a Just Societies flag must meet both of these outcomes, in addition to other required course outcomes related to the primary Mason Core Exploration category. Upon completing a Just Societies course, students will be able to demonstrate the following two competencies:

  1. a) Define key terms related to justice, equity, diversity, and inclusion as related to this course’s field/discipline and
    b) Use those terms to engage meaningfully with peers about course issues …
  1. Articulate obstacles to justice and equity, and strategies for addressing them, in response to local, national, and/or global issues in the field/discipline

The National Review says that “the classes no doubt will be grievance-dominated and utopian.”

There is a course approval process for faculty wishing to teach these required courses. But as a practical matter, only courses with a left-leaning ideological slant are likely to be approved. “What do you suppose would happen if a GMU professor proposed a course on the theme that the most just society would be one with a minimal government?,” asks George Leef of the James G. Martin Center for Academic Renewal. Continue reading →

29 Comments

Posted in Culture wars, Education (higher ed)

The VMI Class of ’25’s Elephant in the Room

Posted on February 12, 2024 | 14 comments

by the staff of The Cadet

The Virginia Military Institute (VMI) Rat Mass of 2024+3 is now the Class of ’27. That recognition brings a time to pause and reflect on the past and future of what was and is no longer. The mantle will soon pass to the Class of ’25 for their Ratline next year and it is time to address “the elephant in the room.” Unless ’25 brings it back, the Ratline will continue to degrade into a risk-averse basic training curriculum providing little more to incoming Cadets than how to march and endlessly repeating the Inscription on the Parapet and the VMI Mission. While the knowledge and understanding of this information is important for a Rat undergoing our indoctrination phase, what value does it provide if Rats do not have the time management skills, self-discipline, or physical ability to compete in our academic and military environment?

It was the administration, not the First Class, that dictated the date for “breakout.” The activities were known well in advance not only by Rats but by parents who asked on social media how they could attend. The much advertised “fakeout” (fake breakout) to try and add a little mystery was an open secret, and directly pinpointed the true date of “breakout.” Though the First Class, and especially the Rat Disciplinary Committee (RDC), worked hard, a majority of the Corps were not involved in the event that took place on Tuesday afternoon, starting around 2:00 p.m., and only lasted several hours. Turnout for the Second Class sweat party was weak, at best. Professors scheduled exams the next day requiring many to choose between participation and their grades. Coaches and (the senior cadets who mentor Rats) in NCAA programs were notified and briefed on the events, of which they immediately informed their freshman players. Rats were not even required to fill the sandbags used to depict their class year in the photo. They are now returning to storage until needed for the next spectacle.

The administration stated the main Rat Mass priority is “retention” with the Dean continuing to brief the Board of Visitors (BOV) on the failing numbers for Corps and, especially Rat Grade Point Averages (GPAs). An increasing number of Cadets who would normally be placed on academic suspension are being held in the Corps, while the Dean advocates for General Order 1 restrictions on Corps events that limits the “leadership laboratory” experience of VMI to no more than a few hours a week.

The Blue Book and other official documents have now expunged the term “Rat” in favor of “New Cadet.” Photos soliciting donations in the name of “One VMI” show cadets packing stands for basketball and football while first Class Ratline activities were canceled in favor of mandatory attendance at those games. Continue reading →

14 Comments

Posted in Culture wars, Education (higher ed)

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Rep. Bob Good Calls for Hearing on Naming Commission

Posted on February 10, 2024 | 90 comments

Rep. Bob Good

by Donald Smith

The Virginia congressman who represents Appomattox, where the Civil War started to end,* wants the House of Representatives to examine the impacts of Congress’ attempt to grapple with the legacy of that war — an attempt that could lay the groundwork for the legacies of Confederate generals and soldiers to be deemed unworthy of public respect in American heritage and in modern-day American society.

Bob Good, representative from Virginia’s 5th Congressional District and chairman of the House Freedom Caucus, issued this press release on Friday, February 2.  It calls for the House Oversight Committee to convene a hearing to review the operations and decisions of the Naming Commission. 

Congress should conduct a thorough review to determine the true nature of the efforts to remove historic statues and memorials. Historical sites are meant to preserve moments that are critical to the growth and healing of our nation and should not be subject to the destructive ruse of political wokeness. I am calling for a full accounting of the actions taken by the Naming Commission so the American people can see for themselves how the Biden Administration used their tax dollars, and if they did so to arbitrarily erase our history.

Good said that the “need for proper accountability and oversight regarding the rationale behind the Commission’s deliberations” warranted a hearing. Continue reading →

90 Comments

Posted in Culture wars, Virginia history

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The Case for an RVA Meals Tax Amnesty

Posted on February 9, 2024 | 22 comments

Richmond City Hall

by Jon Baliles

Today we are posting a special edition featuring an email from former restaurateur Brad Hemp that he recently sent to City Council about the meals tax fiasco you have probably heard about as a result of seven years of neglect at City Hall. The Mayor raised the meals tax in 2018 to help build new schools and pledged in return he would also help the restaurants. He raised the tax, and three schools were built, but he forgot about helping the restaurants.

Now, here we are, years later, and the only thing coming from City Hall are vacillating and daily changes and pledges to fix the problem on a “case-by-case” basis (in a vain attempt to get the media stories to stop). As someone who lived and breathed the restaurant business (and could teach the Mayor and Council a few things about it), Hemp has some suggestions to fix the mess. The question is, will the Mayor and City Council finally listen and do something?

RVA 5×5 — PREFACE
The best government is almost always the one that listens. It makes it easier for people to enjoy their lives, better their neighborhoods, open or run a business, and have fun. The worst government is almost aways one that pretends to know everything and thus ignores listening to or helping the people by doing things like, just as an example, forcing through a second casino referendum right after the first one lost. Another way to demonstrate bad government is to find straw-man excuses for erroneous billing of residents for personal property, real estate and water, and misapplying payments of meals taxes for restaurants and never notifying anyone when a bill is late while interest and penalties skyrocket. The “leaders” at City Hall say it’s the fault of state code, or the postal service, or bad technology, or the current lunar cycle. Don’t look inward to see if it’s an internal problem, blame it on everyone and everything else. Continue reading →

22 Comments

Posted in Business and Economy, Economic development, Government Finance, Taxes

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The General Assembly’s Gift to Virginia’s Students

Posted on February 7, 2024 | 39 comments

by Matt Hurt

During the 2024 General Assembly session, two bills were introduced which have the potential to provide two additional weeks of uninterrupted learning that Virginia’s students in grades three through eight haven’t had in a few years.  Specifically, HB 1076 and SB 435 are two very concise sister bills which simply intend to allow school divisions the flexibility to administer other assessments in lieu of the through year growth assessments (HB2027/SB1357) that were required by the 2021 General Assembly, so long as the alternative assessments are aligned to Virginia’s Standards of Learning.  Last week HB 1076 passed the House 80-18 and SB 435 made it through the first Senate subcommittee.

The through year growth assessment legislation was certainly well intentioned.  Educators have clamored for years for a process that would demonstrate student growth throughout the school year and to use this measure for accountability purposes.  The problem with this method of determining growth is that there is a great incentive to obtain high scores at the end of the year, and equally great incentive to obtain low scores at the beginning of the year in order to demonstrate high degrees of growth.  This problem was explained in detail here, and the negative unintended consequences yielded were outlined here. 

Currently, these through year growth assessments disrupt instruction in each elementary and middle school for a week in the fall and another week in the winter.  While these assessments take a little less time to administer than the end-of-year SOL test, the entire process still takes a significant amount of time.  For example, many students with disabilities require testing accommodations such as small group or one-on-one testing, having the test read aloud, etc., all of which requires teachers to spend extra time testing that they would normally spend instructing students.  Classroom teachers, special education teachers, intervention teachers, instructional aides, etc. are all pressed into service to help with testing, and this limits the amount of time that they work with students. Continue reading →

39 Comments

Posted in Education (K-12), General Assembly

General Assembly Committees Approve Bill That Would Allow Even Serial Killers to Seek Release

Posted on February 7, 2024 | 20 comments


from Liberty Unyielding

When Virginia abolished the death penalty in 2021, Virginians were assured it wasn’t needed, because the worst killers could be given life sentences without the possibility of parole.

But now, even the worst killers could eventually be released. Committees in Virginia’s Democratic-controlled legislature have approved bills to allow all inmates serving long sentences to seek release after specified periods — even serial killers and others who committed aggravated murders who once would have been eligible for the death penalty. HB 834 and SB 427, known as the “second look” bills, have been amended to create three tiers for release. Most inmates could seek release after 15 years, while those who commit the most serious offenses would have to wait 20 years or 25 years, depending on their offense.

For Virginia inmates whose prison sentences are shorter than 15 years, this legislation would change nothing. Most rapists who are first-time offenders, and many second-degree murderers, receive sentences of less than 15 years to begin with.

But for serial killers and others who commit aggravated murders who are serving a sentence of life without parole, the passage of this “second look” legislation would be a big change. It could give them even more than parole. Inmates released on parole are subject to the supervision of a parole officer, and if they misbehave or evade oversight, they can be sent back to prison for a long time. By contrast, an inmate who has been released under the “second look” legislation lacks these guardrails, and is not accountable to a parole officer, because his release marks the end of his sentence. Continue reading →

20 Comments

Posted in Crime, Corrections and Law Enforcement, General Assembly, Virginia Law

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2023 School Success Stories

Posted on February 6, 2024 | 4 comments

by Matt Hurt

According to the SOL data from the end of the 2022-2023 school year, thirty-four Virginia schools (of three hundred seventy-seven) in the Comprehensive Instructional Program (CIP) consortium achieved the highest level (Level I) for all academic indicators the state uses for accreditation. The intended purpose of these performance benchmarks is to ensure we effectively assure success for all students, regardless of subgroup status.  The Level I benchmarks for the academic indicators for school accreditation ratings are listed below.

English Performance

  • Overall school combined rate (combination of students who scored proficient or advanced and students who were not proficient but made significant gains towards proficiency) of at least 75%;
  • Each subgroup (for which there are at least 30 students in the subgroup enrolled in the school) must also meet the 75% combined rate.  Subgroups used for accreditation purposes are as follows: Asian students, Black students, economically disadvantaged students, English learners, Hispanic students, students with disabilities, White students, and multiracial students.

Math Performance

  • Overall school combined rate (combination of students who scored proficient or advanced and students who were not proficient but made significant gains towards proficiency) of at least 70%;
  • Each subgroup (for which there are at least 30 students in the subgroup enrolled in the school) must also meet the 70% combined rate.  Subgroups used for accreditation purposes are as follows: Asian students, Black students, economically disadvantaged students, English learners, Hispanic students, students with disabilities, White students, and multiracial students.

Science Performance

  • Overall rate of students who scored proficient or advanced of at least 70%.

Once these outcomes were discovered, several of these schools were visited prior to teachers leaving for summer break.  Schools with the highest poverty rates and/or highest minority enrollments were targeted since time only allowed for eight school visits (Bessie Weller Elementary- Staunton City, Highland View Elementary- Bristol City, Saltville Elementary- Smyth County, Sugar Grove Elementary- Smyth County, St. Paul Elementary- Wise County, Tazewell High School- Tazewell County, Tazewell Intermediate School- Tazewell County, Woolwine Elementary- Patrick County).  During these visits, teachers and principals shared the factors that they felt were most significant in their success.  The following narrative is intended to communicate the most common factors for success noted by these dedicated educators.

Continue reading →

4 Comments

Posted in Education (K-12)

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