STEFAN PADFIELD:  Striking at the Legal and Conceptual Core of “Woke AI.”

KENIN SPIVAK:  Imperial Judiciary scorecard.

TOMORROW at 5:30 pm PACIFIC TIME!!!!  GLENN REYNOLDS IN SAN DIEGO!:  If you’re in Southern California, come hear our fearless leader speak at the University of San Diego School of Law.  Glenn will be speaking on “Our Ruling Class Monoculture, the Judiciary’s Class War, and the Great Realignment.”   RSVP (required) here.

FRIENDS DON’T LET FRIENDS VOTE FOR THE GUY WITH THE HAIR GEL:  Kenin Spivak gives you details on something I hope you already knew in your gut:  Gavin Newsom must never be the President of the United States of America.  Make sure your parents, spouse, siblings, children, cousins, nieces, nephews, neighbors, and friends know too.

HOW MANY OF YOU LIVE IN OR NEAR ITHACA, NEW YORK?  Don’t tell me, let me guess:  Not many.  It’s kind of off the beaten path.  But some Instapundit readers must live there.  If you do, and you would like to meet and hear me speak about civil rights law, I’ll be at Cornell University in connection with its  Program on Freedom and Free Societies on Monday evening, December 8, 2025.

I THINK YOU MISUNDERSTAND THE LAW:  I got this in my email yesterday from what I believe to be an actual lawyer who is involved in the reparations movement here in California:

Dear Ms. Heriot,

This letter serves as a formal cease and desist demand regarding your ongoing, public, and targeted efforts to undermine and harass the Black community and its advocates for equity, in direct violation of state and federal civil rights laws and your ethical obligations as a member of the bar.

Your activities—including those publicly associated with the California Foundation for Equal Rights (CFER) (among others) and campaigns explicitly opposing Black-focused equity —constitute racial targeting and harassment under the Civil Rights Act of 1964, 42 U.S.C. § 1981, and applicable state hate crime and anti-discrimination statutes. Such conduct is not protected expression when it rises to the level of coordinated intimidation or bias-based obstruction of legally protected programs. It is particularly egregious that your public campaigns have focused solely on efforts benefiting the Black community, while remaining silent on or even supportive of state and federal allocations to other racial or ethnic groups. 

For example:

In 2021 and 2022, the State of California directed substantial funding—over $165 million—to AAPI anti-hate initiatives, a commendable effort to address rising hate incidents against Asian Americans.

In 2024, the California Legislature authorized over $300 million in support for Holocaust survivors and members of the Jewish community, recognizing their suffering and need for continued support.

Despite these allocations, your campaigns have not targeted or criticized these initiatives—only those aimed at repairing centuries of harm done to Black Americans, who remain the most frequent victims of race-based hate crimes nationwide according to federal data. Your selective and racially targeted opposition to Black equity initiatives, combined with your public standing as an attorney, member of a federal civil rights commission and educator, magnifies the discriminatory impact and constitutes a pattern of bias-based harassment under both state and federal law.

Accordingly, you are hereby ordered to immediately cease and desist from any further direct or indirect harassment, public misinformation, or racially targeted advocacy directed toward the Black community or programs designed to support it. Continued actions of this nature may result in:

Formal referral to state bar disciplinary authorities for violations of the Rules of Professional Conduct concerning bias, harassment, and discrimination; and

Referral to appropriate civil rights enforcement agencies for investigation under state and federal hate crime and civil rights statutes.

Please provide written confirmation within ten (10) business days that you have received this notice and that you will comply fully with its terms.

Warmest Regards,

Well, at least the author has warm regards for me.  (And unlike stuff I’ve gotten in the past on the transgender issue, it contains no threats of violence.)

GEORGE LEEF:  The Minority Serving Institutions programs are unconstitutional.  And with luck they will soon be eliminated for good.

READ THIS:  “From Mill to Mussolini and On to Microsoft: Freedom of Speech in a Neo-Corporatist Era.”  It’s by my gentleman friend, and it’s interesting.

NEWSOM AGREES CAL STATE UNIVERSITY SHOULD BE GIVEN $$$$ TO “STUDY” REPARATIONS:  The push for slavery reparations in California hasn’t died just because Newsom vetoed this year’s crop of reparations bills.  Cal State University is being given money to try to determine how individuals should prove that they are such descendants (just in case actual reparations are approved later).

This task may be harder than the supporters of reparations think.  If they throw up their hands and say, “Hey, if you just show us that you had black ancestors back in 1900, we’ll assume you are descended from American slaves somewhere in the past,” they are relying on race (which they probably can’t do).  On the other hand, my understanding is that more than 99% of the 1890 census records were lost in a fire, so tracing one’s ancestors back further than 1900 will be difficult for lots of people.  Once you get back to the censuses of 1860 and earlier, it gets really difficult.

As soon as I am through writing the book I’ve been working on, I hope to write something on the California reparations issue.

VICTORY!!!:  I’m declaring victory in the fight against the California Legislature’s efforts to shove slavery reparations down the throats of Californians.   (Yes, I know that California was not a slave state.  Try telling that to our honorable legislators).

Governor Newsom has now vetoed AB7 (which would have allowed California universities to give preferences to the descendants of American slavery), AB57 (which would have set aside housing funds for the descendants of slaves), and AB742 (which would have given the descendants of slaves priority in seeking licenses)

This is a new tactic by those who seek to avoid Proposition 209’s ban on racial preferences.  Our opponents think they can avoid both the state and federal constitutions by converting racial preferences to preferences for the descendants of slavery. I believe they are mistaken on that.  But for AB7, AB57, and AB742, we won’t needed to put that to the test, since they are now vetoed.

This is only a partial victory.  These folks are sure to be back.  They always are.  And they did manage to get a program at Cal State University to study how to implement a reparations program in the future.  But for now, thanks to everybody who helped by sending postcards and letters to the Governor and by preparing for litigation!!!!

GOOD-BYE TO THE ABA?:  Supreme Court of Texas Likely to Remove ABA as ‘Final Say’ on Accreditation.

That’s great.  The ABA has been an absolute horror on diversity issues.  If Texas has any viable plan for doing without it, I will support it.  But I believe we also need federal legislation.  The ABA isn’t the only horrible accreditor out there.

HOT, HOT, HOT!!:  Today the U.S. Commission on Civil Rights is releasing its new report on the so-called teacher shortage.  I don’t know anything about a teacher shortage (and neither, really, does the Commission), but the report gave me a reason to discuss Trump’s executive order on school discipline, which is a wonderful thing.

ARE NICKNAMES BECOMING LESS COMMON?  I hope not.  But I asked AI, and it said yes.  (And so did this.).

When I was growing up, many of the adults on the street had nicknames.  Mr. Hudkins was “Cracker.”  Nobody ever called him by his given name “Carl.”  Mr. Martin was “Tricky” and never called “Aubrey.”  And Mrs. Litton was “Kick.”  My generation, by contrast, mostly had the standard diminutives for their given names–like “Tommy,” “Danny,” and “Ricky.”  The only exception I can think of was “Jamie James,” whose real given name was Raymond.  Even the standard diminutives are apparently less common now.

I didn’t know that “Cracker” was considered an ethnic slur until I moved to Chicago for college.  My Texas-born boyfriend (later spouse) nearly fell off his chair laughing when I told him about Cracker.  He suggested that I avoid calling anyone that lest they take offense.  Of course, it would never have occurred to me to do so.  Only Cracker was Cracker.

MY FAVORITE MARK TWAIN QUOTE:  “You tell me whar a man gits his corn pone, en I’ll tell you what his ‘pinions is.”

As people keep pointing out the yawning political divide between people who “depend (directly or indirectly) or a government paycheck” and people who find “opportunities in the free markers, commerce, capitalism and the like,” I keep thinking back to Twain.

IT’S NEVER TOO LATE:  “Malcolm Gladwell Reaches His Tipping Point on Trans Athletes.”  Weirdly, Gladwell says that he has always thought that allowing “transgender women” to participate in women’s sports was “nuts.”  But only recently has he been willing to say so in public.

I’m not sure I could live my life that way–or at least I haven’t.  Nine years ago, I testified before Congress that  the Obama policy giving “transgender women” the right to use women’s bathrooms, showers, and locker rooms had no basis in law.   A Member of Congress called me a bigot, and her accusation went viral.  I got death threats.  Even my hairdresser was upset at me. (!!)  But even then, I got many more positive emails and letters of support than I got nastygrams.  I don’t understand why speaking obvious truths that obviously need to be said is so hard.  Still, I’m happy Gladwell is willing to speak up now.

OKAY FELLOW TAXPAYERS, IT’S POSSIBLE (WITH A LITTLE HELP FROM MY FRIENDS) I JUST SAVED YOU BILLIONS OF DOLLARS:  Well … maybe.  Those who know me know that for several years now I have been doing a lot of public speaking about the unconstitutionality of the Hispanic Serving Institutions program.  That’s the federal program that showers money on a college or university if it can certify that at least 25% of its students are Hispanic.

Three years ago, I wrote about it in a Supreme Court amicus brief and in the New Criterion, arguing the program is unconstitutional.  At my request, my terrific former special assistant Alex Heideman wrote about it for the Federalist Society Review in 2023.  More recently, I and my lovable colleagues at the American Civil Rights Project–Peter Kirsanow and Dan Morenoff–sent a letter to Members of Congress about the issue.

Also at my request (and constant nagging), Dan spent years talking to people around the country trying to find a university willing to sue.  Given the way universities are, that’s not easy to do, so he figured out that he also needed to talk to state attorneys general (including Tennessee’s) who have the authority to sue on behalf of their state universities.  Finally, finally, finally, a few months ago, the fabulous Tennessee AG Jonathan Skrmetti took up the gauntlet and brought a lawsuit against the Department of Education and the Secretary of Education in her official capacity.  The American Civil Rights Project, on behalf of the National Association of Scholars and of Faculty, Alumni, and Students Opposed to Racial Preferences, is seeking to intervene in that lawsuit to support Skrmetti’s position.  The Hispanic Association of Colleges and Universities (HACU) is seeking to intervene to  support the HSI program.

But yesterday, something great happened.  The Trump Administration agreed that the program is unconstitutional and declined to defend it in court.  That isn’t necessarily the end of the story.  HACU may be permitted to intervene in the lawsuit to defend the program.  But it’s still stellar.

Of course, it’s possible that Congress will find other ways to spend the HSI money, so you may not see a tax dividend.  I have suggested that Congress put the money into helping low-income students and/or the colleges and universities that serve low-income students without regard to race or ethnicity   I’m in this game to vindicate the Constitution.   I’ll probably be happy so long as the money is spent in a constitutional manner and doesn’t involve subsidizing the Left.

A year ago at this time I was beginning to wonder if we’d ever make progress on this issue.  But major progress has come.  Thank you to everyone who has worked or is working on this issue.  I think we’re getting somewhere.

THE COLLEGE FIX:  California State University at Northridge is so full of race discrimination it makes my head spin.  It’s past time to do something about it.

THE MINIMUM WAGE IS ZERO:  In honor of National Disability Independence Day, the Chair of the Commission on Civil Rights apparently wants individuals with Down syndrome to get priced out of a job.

A few years ago, when the Commission did a report on whether to get rid of the special minimum wage for severely disabled employees, the parents and families of the affected employees (overwhelmingly Down syndrome sufferers) were strongly in favor of keeping it.   I am so #$^#% tired of do-gooders who think they know what’s good for these folks and that their parents and families don’t.  It should be obvious that removing the special minimum wage will result in job loss.  Indeed, one of the advocates for eliminating the special minimum we spoke to even ADMITTED this.

The alternative theory is that most of these “do-gooders” are not do-gooders at all, but just a wholly owned subsidiary of the SEIU.  Maybe they actually WANT these people to lose their jobs, so that SEIU workers can get two jobs–the one that used to be performed by a Down syndrome employee and one baby-sitting the now-unemployed Down syndrome employee.

YEP, THAT’S RIGHT:  “The Diversity Game Is a Gigantic Con.”

A REPORT BY THE PACIFIC LEGAL FOUNDATION:  “Law School Accreditation Shouldn’t Promote Discrimination.”  No it shouldn’t.  But for years it’s been doing exactly that.

The report is co-authored by Alison Somin, my former special assistant at the Commission on Civil Rights.  The good news is that Senator Jim Banks (R-IN) has introduced legislation to stop accreditors from pressuring schools to discriminate.  Now if we can only get it passed.

ATTENTION TENNESSEE-BASED FACULTY AND STUDENTS!!!:  I need volunteers from the Volunteer State to join Faculty, Alumni, and Students Opposed to Racial Preferences (“FASORP”)!

If you are a student or faculty member at a university located in Tennessee, you can help.  In fact, if you are a student or faculty member anywhere, it’s a bit of a help.

FASORP along with the National Association of Scholars will soon be intervening in litigation pending in federal court in Tennessee.  They will be represented by attorneys with the American Civil Right Project (where I am chairman of the board).  Our goal is to have the federal government’s Minority Serving Institutions programs declared unconstitutional.  These programs shovel billions of taxpayer dollars to colleges and universities based on the race of their students.  For example, to qualify as a Hispanic Serving Institution, which is by far the largest and best financed such program, a school must be able to certify annually that at least 25% of its students are Hispanic.

Can you imagine the shrieks and hollers we would be hearing if Congress was funding program that gave money to schools only if at least 25% of their students were white?  Neither can I.  For that reason, Congress can’t have a program for other races either.

(Note that the Historically Black Colleges and Universities program is different.  For reasons I’ll tell you about when all of us have a lot of time on our hands in the future, HBCUs are on a different and stronger constitutional footing.  For now, I’ll just note that, among other reasons, HBCUs have no incentive to discriminate.  They would remain HBCUs even if all their students were white or Asian.  Some HBCUs are indeed majority white.)

FASORP will arguably be in a stronger position to intervene in the litigation the more Tennessee students and faculty it has as members.  It already has some, but in case they get hit by a truck, I’d like for it to have more. Membership is free and confidential.  All you have to do is fill out this quick form.  (The form asks if you have evidence of discrimination at your institution.  You can ignore that part.  All you need to do is join.)

Full disclosure:  There is always a very, very remote possibility that at some point in the future FASORP could be compelled to disclose its membership to the court.  But it would not happen before our members were given an opportunity to drop out if that’s their preference.  But frankly, if you’re a frequent Instapundit reader, you probably lost your reputation for political correctness long ago.

Thank you for any help you are able to give us!

FROM HURRICANE KATRINA TO HURRICANE MARIA TO THE GUADALUPE RIVER:  The efforts blame Trump and his policies for the flood disaster in Texas reminds me of the effort to blame Trump for Hurricane Maria in Puerto Rico in 2017.

(My colleagues on the U.S. Commission on Civil Rights wanted to argue that Trump cared more about responding to Hurricane Harvey in Texas because it is white than about Hurricane Maria in Puerto Rico because it is Hispanic.  I had to point out that there are many more Hispanics in Texas than in Puerto Rico.)

HOT! HOT! :  At the Daily Signal:  “Congress Keep Pushing Colleges to Discriminate–But the Fight Back Has Finally Begun.”  We’re rolling.  My organization will be moving to intervene shortly.

A ROCK ‘N’ ROLL PILGRIMAGE:  My big sister traveled from Houston to Birmingham, England for what the NYT tells us was the event of the season–Ozzy Osborne’s last gig, featuring Black Sabbath as well as Metallica, Guns n’ Roses, and more.  It raised about $200 million for charity.

This was Old Home Week for my sister.  For years, she managed the Ozzfest Tour on behalf of Live Nation and has a genuine affection for the 76-year-old Ozzy and Sharon Osbourne (as they apparently do for her).

When I was a kid, she would sometimes take me along to the concerts she was working on.  But the thrill of rock ‘n’ roll never quite took with me.  I’m the law nerd little sister.  My rock stars are Thomas Sowell, Clarence Thomas, Samuel Alito, Richard Epstein, … oh … and Glenn Reynolds.  To each sister her own.

CALIFORNIA’S SLAVERY REPARATIONS PROGRAM:  California was never a slave state.  Nevertheless, numerous “reparations” bills have passed the Assembly to benefit the descendants of American slaves.  For example, AB7 would (if it passes the Senate and is signed into law by the governor)  authorize California universities to discriminate in admissions in favor of  the descendants of slaves.  Similarly, AB57 would earmark 10% of the funds available under California’s first-time homebuyers program for the descendants of slaves.  As passed by the Assembly, AB742 would “prioritize” applicants seeking “licensure” who are descendants of slaves.  The Senate version is currently worded somewhat differently, but it’s still the same idea.

More such bills have passed the Assembly and seem destined to pass the Senate.

Apparently, California Democrats think this gets them around those pesky laws that forbid race discrimination.  They are wrong.  Imagine if, back in the 1950s, segregated school districts had switched from segregating the schools based on race to segregating them based on descent from slavery.  It wouldn’t have made a difference.  They’d have been laughed for their efforts.

Obviously lawsuits will be filed if these bills pass.  More interestingly, the Department of  Justice could go after the State of California for a violation of Title VI.  Thanks in part to the Civil Rights Restoration Act of 1987, the federal government could potentially cut off the state from billions of dollars in federal funding.

This stuff deserves to get more publicity than it’s getting.  If Gavin Newsom signs any of them, and then runs for President (or even if he doesn’t), you can bet they will be a standard talking point for Republicans.  Personally, I rather stop them now.  But some in the Republican Party have a different opinion.