Author Archive: Gail Heriot

BATHROOM WARS:  Single-sex Congressional bathrooms will remain single-sex, not single-gender.  Note that members of Congress have their very own private bathrooms, so the newly-elected transgender Representative from Delaware–Sarah McBride–will not be forced to use the men’s room.

The notion that federal laws banning sex discrimination require that transgender individuals be assigned to the bathroom that correspond to their gender (rather than their sex) has always been a non sequitur.  The logic of the arguments that are made for it would lead to unisex bathrooms, not bathrooms based on gender.

MILLIONS FOR A STUDY WITH “A SPECIFIC FOCUS ON BLACK DIASPORIC EPISTEMOLOGIES“:  The National Science Foundation is willing to throw $4 million at critical race theory in action.  This study comes from my alma mater–Northwestern University.

THIS IS WHAT YOUR TAXES FUND:  Get a load of the website of URGE.  It’s all about “unlearning racism” in science.  Yes it is funded by the National Science Foundation (as the web site proudly declares).

GOOD MORNING:  It’s Thursday, November 7, 2024, two days after the 2024 Elections.  It’s time to DEFUND THE LEFT. That should be the main task of the incoming 119th Congress.  Don’t let your Member of Congress forget it for a second:  Defund the Left, Defund the Left, Defund the Left. Root through the federal budget till you find every nickel that is being spent to fund leftist projects.  There’s a lot of it. Get rid of it.  It’s our only chance.

Oh … and if Trump Administration would like the Supreme Court’s decision in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College to be something more than a dead letter, start by defunding and abolishing the Minority Serving Institutions programs.  They are unconstitutional.  If you have to replace them with something do that.  But stop paying colleges and universities to discriminate.

That’s my advice for the day.  I held off till Thursday, because it really did seem like there should be a day of celebration.  But not two days … my grandmother would never countenance two days of celebration for anything.

ARE YOU IN SOUTHERN CALIFORNIA?:  On Tuesday, November 12 at 5:30 p.m., JUDGE PATRICK J. BUMATAY will be delivering our annual Bowes Lecture at the University of San Diego School of Law.  This is our annual conservative speaker series—made possible by a generous donation by my dear friend Mrs. Joan E. Bowes.

Judge Bumatay will be speaking on “The Value of Dissent.”  If you’re in SoCal, I urge you to be there.  It’s free (including the reception), but you need to register.

DON’T GET COCKY:  The feeling may not last, but right now it does not seem impossible that the GOP will gain possession of  the White House and the Senate, and also retain the House of Representatives.  If so, I hope somebody on the Hill remembers my “Agenda for Congress” written two years ago.  These situations do not come around all that often (and they may to come around this time).  Still, the only way to take advantage of them is to be ready BEFORE they become established facts.

WATCH THIS:  “WSJ Opinion:  ‘Get the Jew’:  The Crown Heights Riot Revisited.”  It’s easy to forget about significant events of the past.  Don’t let yourself forget.  This is one where the WSJ is helping us remember.  Among other things, the Crown Height Riot led to Rudy Giuliani’s election as mayor.

COLUMBUS’S ADVICE:  LET’S STICK IT OUT JUST A LITTLE LONGER:  When Christopher Columbus set sail from Spain on August 3, 1492, he expected the trip to the Orient would take two months.  By October 10 (this day in history) the crew of the Santa Maria was ready to mutiny, and Columbus wasn’t feeling so great about the voyage either.  But he managed to convince them to keep going a little longer.  Early on October 12, land was sighted by a seaman aboard the Pinta.

(Columbus later claimed that he personally had sighted land first, but the consensus seems to be that he was a liar motivated by the fact that a reward had been offered to the man who first sighted land.)

HURRICANES:  When then-President Trump visited Puerto Rico in the aftermath of Hurricane Maria, he got criticized in the press (and by my colleagues at the U.S. Commission on Civil Rights) for tossing paper towels to the crowd.  The crowd was cheering, so I was never sure why the point was supposed to be.  Ultimately, the press was unable able to make Maria the equivalent for Trump that Hurricane Katrina had been for Bush.

Biden and Harris are evidently hoping avoid the “Katrina” label too.  We’ll see ….

Successfully defeating Assembly Constitutional Amendment 7 in the California Legislature is the battle that I’m proudest of this year.  I feel like if I hadn’t worked my fanny off to stop it in the Senate (it had already passed overwhelmingly in the Assembly), it would have gone on the ballot.  Happily, the senator who essentially told me that ACA7 was definitely going to pass and that I was wasting my time, turned out to be wrong.

But Dan Morenoff at the American Civil Rights Project and I (mostly Dan) also fought various “reparations” bills.  The worst of them—the bill to establish a California Freedmen’s Affairs Agency to administer reparations (SB 1403) and the bill to fund the reparations project (SB 1331)—overwhelmingly passed the Senate.  But then they were quietly shelved by the Assembly on the last day of the legislative session.  Maybe our arguments—warnings that we would sue, really—convinced  them.  Or maybe these idiots finally took a look at the polls.  As you might expect, reparations for African Americans in a non-slave state aren’t exactly a popular idea.  In any event, the bills were killed.

The most recent reparations bill to get the hook—SB 1050—was a bill to allow the state to re-open eminent domain cases if racial motivations are suspected (even if the limitations period had long since passed).  SB 1050 passed both the Assembly and the Senate, but was vetoed by Governor Newsom on Wednesday. What pleases me is that the reason Newsom gave for the veto was exactly the reason Dan argued:   The bill assigns the California Freedman’s Affairs Agency the responsibility for enforcing the Act, and that agency doesn’t exist.  The veto message reads as if it is quoting Dan.  Go, Dan!

HURRICANE HELENE IS ALL BIDEN’S FAULT:   Just kidding.  But a few years ago, my colleagues on the Commission on Civil  Rights thought Trump was to blame for Hurricane Maria (and, of course, the notion that Bush was responsible for Katrina is gospel on the Left) .

MAYBE WALZ WILL WANT HIM FOR SECRETARY OF EDUCATION:  “Walz Education Appointee Calls for Overthrow of the U.S.”  It’s stories like this that make me fantasize about writing a “Dear President Washington” letter updating the Father of Our Country about how things are going.

WRONG ON CRIME:  THE LATEST REPORT FROM THE U.S. COMMISSION ON CIVIL RIGHTS MISLEADS ABOUT THE VICTIMS OF VIOLENCE”:  Rafael Mangual, one of the witnesses at our crime victims briefing, isn’t fond of our final report.  He’s right, of course.

(If you missed my individual Commissioner Statement last week, you can read it here.)

HOT! HOT!! WELL … KIND OF HOT:  The U.S. Commission on Civil Rights issued a report on facial recognition technology a few days ago.  I admit I don’t know diddly squat about facial recognition technology.  The one thing I’m sure of is that the Commission Chair is wrong when she argues that “the tech industry’s mostly white workforce and leadership” is to blame for the racial disparities in error rate in facial recognition. technology.  My very short statement that says so is here.

BRIDGET EVERYONE LOVES BERNIE:  Here is my tribute to the late Professor Bernard Siegan (1924-2006)(written a couple of years ago).  A happy warrior on behalf of property rights, Bernie was a real sweetheart.  He’s been gone a long time now, but all of us at the University of San Diego still miss him. If you remember Bernie, you may get a kick out of of my little tribute. Even you don’t remember him, you may like it.

HOT, HOT, HOT!!:  The U.S. Commission on Civil Rights will be turning out another not-so-great report later today—this one on crime victimization.  Here is my Statement—which I hope you’ll read, including Footnote 9.  We’re at kind of a low point.  The Vice Chair is accusing one of my conservative colleagues of “race baiting” apparently for pointing out that African Americans are disproportionately victimized by crime.  It’s all a bit loony.

OH FOR GOODNESS SAKE:  San Diego street performer who was blowing bubbles in the park gets cited for littering.