Author Archive: Gail Heriot

BUGS, BUGS, BUGS:  In the Chinese calendar, today is the first day of “the Awakening of Insects.”  Here in San Diego, insects know no season.  But just in case San Diego arthropods decide to celebrate, I’ve positioned a can of Raid near at hand.

I’M TIRED OF HEARING THIS: A recent WaPo opinion piece refers to disparate impact as “another form of discrimination.” No, no, no. Discrimination is about unequal treatment. Disparate impact is about insisting on equal outcomes. If you’re interested in how the Supreme Court got us in this ridiculous position where the law is said to require both equal treatment and equal outcomes, read “Title VII Disparate Impact Liability Makes Everything Presumptively Illegal.”

PURR. I LOVE A HERO: Here’s a father who laid his own body over his rodeo rider son, to protect him from a rampaging bull.

(If your father ever told you that he’d lay down his life for you, maybe you should believe him.)

STILL A BIT OF A MYSTERY:  On this day in 1978, the Yuba County Five disappeared.

BAFFLING: Two of the state advisory committees to the Commission on Civil Rights have recently issued reports arguing that the special “sub-minimum” wage for workers with Down Syndrome and other developmental disabilities should be abolished. Maybe I’m getting a touch of paranoia in my old age, but I can’t help but wonder who is funding all the interest by disability advocates in this idea. It’s very fashionable right now.  But it would obviously throw many of these workers out of their jobs. Is this something the SEIU is pushing? Are they hoping their low-skilled members will get the jobs instead?

One of the advocates I once spoke to in 2020 admitted that many Down Syndrome workers will end up jobless if the sub-minimum wage is abolished. Her attitude was that the state can come up with other ways to keep Down Syndrome individuals off the streets. They don’t need jobs.

The Commission itself issued a report on this issue in 2020. I dissented and pointed out that the parents and family caretakers of Down Syndrome workers overwhelming urged the Commission to support the continuation of the sub-minimum wage. That should count for something.

ARE YOU A NON-WOKE MIT ALUM?  STUDENT?  JUST A SMART STEM NERD WHO HAS NEVER SET FOOT ON MIT’s CAMPUS?:  If so, the Babbling Beaver is the satire site for you.  Saith the Beaver (with due homage to the Babylon Bee):  “Fake News you can trust from transgressive nerds at MIT.”

If the world’s leading STEM university is going to go down the drain, we might as well get a laugh watching it happen. You can subscribe to the Babbling Beaver here.

I DON’T MISS THE 1970s: On this day in 1974, members of an urban guerrilla group calling itself the “Symbionese Liberation Army” dragged 19-year-old Patty Hearst from her Berkeley apartment. Ms. Hearst was tossed into the trunk of a car; her fiancé, who may have tried to prevent the kidnapping, was left beaten and bloodied.

The SLA members had learned of the young heiress’s whereabouts by reading the San Francisco Chronicle’s “Society” page. In announcing her engagement, it listed her address—2603 Benvenue Avenue, Apartment 4—which happened to be not far from SLA headquarters. What could be more convenient?

The original plan was to use Hearst to gain the release of two SLA members who had been arrested for the notorious murder of Oakland school superintendent Marcus Foster. That didn’t work.

Plan B was to press the Hearst family to give millions to feed California’s poor. That did work … initially at least. The Hearst family donated $2 million worth of food to an operation dubbed “People in Need.” Alas, that project descended into chaos, with more not-so-well-behaved people showing up for free food than had been anticipated. Dissatisfied, the SLA declined to release Ms. Hearst.

During this period, Ms. Hearst was being kept in a closet. When she was let out to eat, she was blindfolded.

But a funny thing happened. The SLA periodically released tape recordings that included statements from Ms. Hearst. In these “communiqués,” Hearst began sounding increasingly sympathetic to her captors. In one early message, she said, “I’m not being starved or beaten or unnecessarily frightened.” (This didn’t match up well with her later testimony that she had been repeatedly sexually abused and threatened with death during her captivity.)

A few more weeks into her ordeal, she became critical of her family.   She even complained about the food her father had provided to “People in Need”: “It sounds like most of the food is low quality. No one received any beef or lamb. Anyway, it certainly didn’t sound like the kind of food our family is used to eating.”

Finally, after about two months, she recorded a rant in which she claimed that “the corporate state” is about to murder Black and poor people “down to the last man, woman, and child.” The “corporate state” was “about to totally automate the entire state industrial state” and remove “unneeded people.”

“I have been given the choice of one: being released …, or two: joining the forces of the Symbionese Liberation Army and fighting for my freedom and the freedom of all oppressed people. I have chosen to stay and fight. I have been given the name Tania after a comrade who (more…)

WHAT’S SAUCE FOR THE GOOSE ISN’T SAUCE FOR THE GANDER:  The Biden Administration’s Department of Education doesn’t seem to be all that interested in enforcing Title IX–at least not if the complaint concerns obvious discrimination against men.  For example, the University of New Mexico has a specific “Women in STEM” program.  The university publicly states that the program is “open for women faculty,” that “eligible applicants include tenure-track and tenured women faculty members,” and that the program was “supported by an anonymous gift … to support research by and professorships for women faculty.”  Yet the Department of Education dismissed a complaint filed by the American Enterprise Institute’s Mark Perry on the ground that he could point to no specific male faculty member who had been denied the benefits of the program.  As far as I’ve been able to to tell this is a new policy for facial discrimination.  Would the Department have done the same for a “Men in STEM” or a “White People in STEM” program?  It seems unlikely.

“I CAN THINK OF NOTHING ELSE BUT THIS MACHINE”: On this day (N.S.) in 1736, James Watt was born. He did not invent the steam engine. But the improvements he made on Thomas Newcomen’s steam engine were so significant that the invention of the Watt Steam Engine was arguably the act that began the Industrial Revolution.

P.S. Heriot-Watt University in Scotland has forever linked Watt’s name with mine … or, more accurately, with somebody else with a first initial G and the surname Heriot.

USA TODAY SEEMS DISAPPOINTED IN THE U.S. COMMISSION ON CIVIL RIGHTS’ UNWILLINGNESS TO SUPPORT THE PROGRESSIVE LINE:   “60% of People Awaiting Trial Can’t Afford Bail.  A Civil Rights Commission Can’t Agree on Reform.”

The article laments the Commission’s failure to agree on “findings and recommendations” for its bail reform report and extensively quotes my colleague, Michael Yaki:

“We find ourselves in a position where we lack a majority to continue our mission,” wrote Commissioner Yaki, a Democrat. . . .

. . .

Yaki placed the blame at the feet of the newly Trump-appointed commissioners.

“The first action that the conservatives took was to kill a report–much less findings and recommendations–on voting rights that took over a year and a half of investigation and testimony,” Yaki wrote in an email to USA TODAY.

Alas, the killed voting rights report was killed for a reason.  It was a partisan screed.  The bail reform report released yesterday wasn’t exactly brilliant either, but it made more sense to let it go, so long as the Commission was willing to allow the conservative to include their own (dissenting) statements as part of the reports.  Here’s mine.

Prior to Trump’s appointment of Stephen Gilchrist and Christian Adams to the 8-member Commission, my long-time colleague Peter Kirsanow and I could only dissent from reports, since we didn’t have the votes to actually stop a report (or even to affect them much).  Even clear errors in the reports often went through without correction.  We had to content ourselves with writing dissents.

Some of those dissents include this one on immigration detention centers, this one on environmental racism, and this one on jobs for individuals with Down Syndrome. And don’t forget this one on school discipline.  In each case, the Commission’s report had major flaws that in a sane world would have required the draft to be extensively rewritten.

Now that the Commission is split 4-4, you’d think everyone would understand that compromise is necessary to get anything done.  Some members of the progressive caucus, however, don’t seem to have noticed how the situation has changed.  Even small proposals for improving the Commission’s output are often ignored.

GOOD TIMING:  On this day in 1981, approximately 20 minutes after Ronald Reagan was sworn in as the 40th President of the United States, Iran released the 52 American hostages it had been holding for over a year.  That same day, the United States “unfroze” $8 billion in Iranian assets.

HOT! HOT! HOT!: The U.S. Commission on Civil Rights is releasing its report on bail reform today–two months after its originally scheduled release date.  Don’t ask me why, because I don’t know.  My Dissenting Statement, which was written several months ago, is here.

I have some sympathy for the notion that we could improve our current pretrial detention practices. But, alas, nothing good will come from attempting to negotiate reform with “defund the police” advocates (or similar loons). Improvements to the system, if they are possible, will have to wait until more of our political leaders start taking crime seriously again.

CONFLICT OVER SCHOOL DISCIPLINE:  There’s a good chance Tennessee’s new law empowering teachers to keep order in their classrooms will come into conflict with the Biden Administration, which has made noises about reviving the Obama Administration’s race-based school discipline policy.  (See my article:  The Department of Education’s Obama-Era Initiative on Racial Disparities in School Discipline:  Wrong for Students and Teachers, Wrong on the Law.)  After nearly two years of zoom classes, the last thing students need is to spend the rest of their school years in a chaotic classrooms.

TODAY IN HISTORY:  On this day in 1807, a certain general who we’re not supposed to have statues of anymore was born at Stratford Hall in Westmoreland County, Virginia.