Free market advocates have sought a series of talking points and justifications for an equally wide array of school choice formats over the past twenty to twenty-five years, primarily because the public has been resistent to school choice plans.
One tactic common among choice advocates is to associate the Invisible Hand of the market with Lady Justice, blurring the essential nature of choice and competition as sorting mechanisms with the goal of equity among educators seeking social justice: “People in poverty deserve the same choice affluent people have,” goes the claim.
American capitalism has a long history of demonizing the Commons as “government” and idealizing corporate America as the “free” market, and part of that narrative includes ignoring the place of the Commons as a foundation upon which a free market can thrive.
The Invisible Hand, however, driven by choice and competition always sorts and never attends to social justice or equity.
Take for example the facts around Louisville basketball player Kevin Ware’s broken leg during the Elite 8 round of the 2013 NCAA basketball tournament.
As David Sirota has explained, Louisville does not guarantee scholarships (if Ware’s injury renders him unable to play basketball again, he loses his scholarship) and even Ware’s medical bills may fall on his shoulders.
Yet, the Invisible Hand sees not the problem of equity and justice in Ware’s situation, but that Ware and his injury are marketable, explains Dave Zirin:
On Wednesday we learned that Adidas, in conjunction with the University of Louisville athletic department, will be selling a $24.99 t-shirt with Kevin Ware’s number 5 and the slogan “Rise to the Occasion” emblazoned across the back. His team will also be wearing warm-ups with Ware’s name, number and the slogan “All In.”…
You almost have to tip your cap: no non-profit does buccaneer profiteering quite like the NCAA. What other institution would see a tibia snap through a 20-year-old’s skin on national television and see dollar signs? In accordance with their rules aimed at preserving the sanctity of amateurism, not one dime from these shirts will go to Kevin Ware or his family. Not one dime will go toward Kevin Ware’s medical bills if his rehab ends up beneath the $90,000 deductible necessary to access the NCAA’s catastrophic injury medical coverage. Not one dime will go towards rehab he may need later in life.
This is the ethics of the market: Is there a market? And what selling price will that market bear against the cost of producing the goods?
Little concern for right or wrong occurs unless the Commons are involved.
Commons such as the legal system were necessary to end child labor  or worker abuse as portrayed in Upton Sinclair’s The Jungle or American slavery—all of which were beneficial to the market.
The capital-based market corrupts, but the Commons seek, preserve, and spread equity as long as they remain above capital and beyond choice.
So let’s return to the compelling “People in poverty deserve the same choice affluent people have”—to which I say, No.
People in poverty deserve essential Commons—such as a police force and judicial system, a military, a highway system, a healthcare system, and universal public education—that make choice unnecessary. In short, among the essentials of a free people, choice shouldn’t be needed by anyone.
No child should have to wait for good schools while the market sorts some out, no human should have to wait for quality medical care while the market sorts some out, no African American teen gunned down in the street should have to wait for the market to sort out justice—the Commons must be the promise of the essential equity and justice that both make freedom possible and free people embrace.
And then it is upon this Commons beyond choice that the Invisible Hand may create an economy that a free people deserve.
 The market-based call for merit pay in education creates child labor.