Author Archive: Gail Heriot

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.

MIT SEEMS TO BE COMPLYING (OR AT LEAST MOVING IN THAT DIRECTION):  After the Supreme Court’s decision in Students for Fair Admissions v. President and Fellows of Harvard College (2023), people wondered whether highly selective schools would comply.  Well, the Massachusetts Institute of Technology’s numbers are now in.

Last year, 15% of the incoming freshman class was Black/African American and 16% was Hispanic/Latino.  This year, it will be 5% and 11% respectively.  Asian American enrollment, on the other hand, has risen from 40% to 47%.  White/Caucasian enrollment is more or less steady (38% vs. 37%).

The good news is that the minority students who weren’t admitted to MIT this year because MIT couldn’t give them preferential treatment probably stand a better chance of getting a STEM degree at their second-choice school than they would have had at MIT.

*Note that the numbers in the chart aren’t perfectly comparable.  They add to 107% in last year’s class and 101% in this year’s.  I assume that’s either because (1) more students happened to put themselves in multiple categories last year than this; or (2) MIT did not allow students to put themselves in multiple categories this year and the 101% is just a rounding error.  That means the slight change in White/Caucasian enrollment is meaningless.

Hurricane Ernesto Plunges 50% of Puerto Rico into Darkness:  As hurricanes go, Ernesto is pretty weak right now–just a Category 1.  That could change, of course.  But Puerto Rico’s electrical grid goes down easily.

Will Joe Biden be blamed for Puerto Rico’s problem?  I ask because, in 2017, a massively stronger hurricane–Maria–struck Puerto Rico and wreaked much greater havoc.  A report by the U.S. Commission on Civil Rights tried to blame it on Donald Trump (just as the mainstream media had blamed George W. Bush for Hurricane Katrina).  (My individual part of the hurricane report opposed that effort to blame Trump and can be found here.)  All in all, I found the hurricane project pretty interesting.

HAPPY BIRTHDAY TO THE COAST GUARD:  The Coast was founded on this day, August 4, 1790.  My great, great, great, great grandfather William Cooke was a very early Coast Guard officer.  I’ve never been to Wilmington, NC, but I understand from this video that he died mysteriously and that his house is part of the Wilmington ghost tour.  I guess I ought to go.

SOUNDS A BIT FISHY:  “Mayor Thao Recall Committee Under Investigation for Campaign Law Violations.” The president of the recall committee says she’s very confident that everything has been done properly.  She says the Oakland Public Ethics Commission is asking for things it isn’t entitled to–like the names of donors who gave less than $100.  If that’s so, the Ethics Commission itself needs to be investigated.

HELP CHRIS RUFO WITH HIS INVESTIGATION OF DEI IN THE FEDERAL GOVERNMENT:  Are you a federal employee?  Is your spouse, best friend, or cousin a federal employee who complains about out-of-control DEI programs?  Let Chris Rufo know.

It’s you patriotic duty.

RACE DISCRIMINATION IN FINANCIAL AID:  For a long time, many colleges and universities have been assuming they could get away with discriminating on the basis of race in allocating financial aid.  SFFA v. Harvard has drawn that into question.  It’s is hard to imagine the Supreme Court would prohibit race discrimination in admissions, but allow it in financial aid.

You should expect to see a new generation of financial aid driven lawsuits (like this one against the University of Oklahoma) in the near future.  Unlike previous lawsuits, these new class actions will likely involve big money in damages.

The University of Oklahoma case is special.  If the allegations against it are true, it won’t even have the excuse that it believed what it was doing was legal.  Oklahoma has a state constitutional provision modeled after Prop 209.  This could cost the university an extraordinary amount of money.

If other colleges and universities haven’t fallen into line yet, they’d best do so right away.  If they wait to be sued, the damages just keep growing.