Author Archive: Gail Heriot

ON THIS DAY IN 1886, CLARENCE BIRDSEYE WAS BORN: He figured out that fast freezing things makes them taste a heck of a lot better than the mushy crap that you get from slowly freezing them. Progress!

ON THIS DAY IN 1608, JOHN MILTON WAS BORN: He wasn’t the type to sweat fake news: “Though all the winds of doctrine were let loose to play upon the earth, so Truth be in the field, we do injuriously, by licensing and prohibiting, to misdoubt here strength. Let her and Falsehood grapple; who ever knew Truth put to the worse, in a free and open encounter?”

TRANSGENDER BATHROOM CASE: Are federally funded schools required to allow transgender students to use the bathrooms, locker rooms and showers that match their gender identity? Or does the law permit the schools flexibility in dealing with transgender cases?

A few years ago that question made it up to the Supreme Court in Gloucester County School Board v. G.G. While the case was pending, however, the Trump Administration withdrew the Obama-Era policy that took the position that schools must assign anatomical boys who identify as girls to the girls’ facilities (and vice versa). In view of that change, the case was sent back down for further consideration. Recently, the District Court again held for the student G.G.   The case is now once again on appeal to the U.S. Court of Appeals for the Fourth Circuit.

Peter Kirsanow (my colleague on the U.S. Commission on Civil Rights) and I filed an amicus curiae brief in our private capacities when the case was in the Supreme Court. If it gets to the Supreme Court again, we hope to file that brief again (with small modifications in view of the changed circumstances of the case). But in case you’re dying to know, here’s our conclusion: There is nothing in the law that requires schools to follow one practice or another. They have discretion.

REP. AYANNA PRESSLEY WANTS TO MAKE A FEDERAL CASE OUT OF SCHOOL DISCIPLINE (AGAIN):  New bill seeks to re-establish federal control over school discipline policy.  This is a battle I have already fought (and I thought I’d won when Education Secretary DeVos withdrew the Obama-Era “Dear Colleague” Letter on school discipline). Please let’s not do this again.

BORDERLANDS: Two of my colleagues on the Commission on Civil Rights will be speaking today on a panel on Capitol Hill about the Commission’s report entitled “Trauma at the Border.”

I won’t be there. Alas, dissenters like me don’t get invited. Nevertheless, here is my dissent from that report. And here is my more thorough dissent from the Commission’s earlier report on mostly the same subject. If you are interested in immigration detention issues, the latter dissent in particular is worth a read. If nothing else, it has entertainment value.

BE PREPARED:  Yes, at least if you live in the USA, you can own a narwhal tusk like the one used against the London Bridge terrorist, but they are not cheap.

THE COCOANUT GROVE FIRE: On this day in 1942, in Boston Massachusetts, the Cocoanut Grove nightclub fire killed 492 Thanksgiving weekend revelers. Yes, that’s four hundred and ninety-two.

Nightclub fires with horrific death counts have occurred throughout the world, but I am aware of none worse than the Cocoanut Grove fire. The only usable street exit was a revolving door. The crowd quickly pressed up against that door so no one could escape. Some of those who did escape the fast-moving flames somehow climbed up onto the roof and jumped down on parked cars. Others escaped through kitchen windows and doors.

I wish I could report to you a few hero stories. As Instapundit readers may have noticed, I like hero stories. But as one survivor put it, “… I looked back at the dance floor. People were fighting to get out of the club. Pandemonium is the only word I can think of, and I must say the scene did no credit to the male sex.” (Ah … the 1940s, when masculinity was still measured the old-fashioned way.)

I did find one apparently unverified story, and there are likely others that I missed (or, sadly, that everyone missed because the individuals involved didn’t live to tell the story):

Joseph Lawrence Ford, a second-class petty officer in the Navy, stationed at Portsmouth, N.H., said he entered the burning building by breaking a window and jumping inside. He added: “I crawled along on my hands and knees and then I bumped into five forms. All were moaning and some were twisting around on the floor, clawing at their throats.”

An AP reporter wrote that Ford reported that he rescued three women and two men.  (Note that the fact that the story is unverified does not mean it isn’t true.  It’s not so easy to verify this kind of thing.)

Anyway, if you’re looking for something to be thankful for, you can start with being thankful you weren’t at the Cocoanut Grove fire.  And for those of you (like me) who have never had your mettle tested in a sudden emergency, be thankful for that too.

UPDATE:  A reader supplies us with more hero stories:

From “The Official Chronology of the U.S. Navy in World War II” by Robert J. Cressman:

November 28, Sat.

United States

“Cocoanut Grove” nightclub in Boston, Massachusetts, catches fire;
Ensigns George W. Carlson and Mac A. Cason, SC-V(P), USNR, driving
through the city at that hour, respond immediately when they see flames
issuing from the burning building. Exhibiting courage, leadership and
resourcefulness, these two Supply Corps officers, who organize rescue
parties from enlisted men they see in the gathering crowd, are later
deemed “the cause of saving more lives than any other single agency.”
Despite rescuers’ efforts, however, 492 people perish in the tragedy.

In the military, officers of all services and specialties are supposed to show initiative and lead. Enlisted personnel are suppose to intelligently respond to orders and work as a team to carry out the mission.

John Nisley, USN (Ret.), 1974-1994

Well done, Ensigns Carlson and Cason and CPO Ford.

BUREAUCRACY RUN WILD:  If you want to understand why the EEOC is among the most powerful and least accountable agencies in the federal government, this article is a good place to start.

HAPPY EVACUATION DAY:  On this day in 1783, the British Army left New York City.  Huzzah!!

I’M READY FOR MY STRAITJACKET AND PADDED CELL: I just finished another online sexual harassment course. I take two each year—one for my university and one for the Commission on Civil Rights. I’ve been doing this for what seems like many years now. At some point you’d think they’d let me graduate and be done with it.

HE’S RIGHT ON THIS: Wilfred Reilly’s Hate Crime Hoax: How the Left is Selling a Fake Race War is worth reading. I speak to plenty of people on the left side of the political spectrum. They are adamant that hoaxes are rare … but they are not right.  The fact that they persist in saying so (and/or believing so) is part of the problem.

(For the “Cliff Notes” version, see my dissenting statement in the recent report of Commission on Civil Rights. I cite Reilly there.)

LET ME SAY IT ONE MORE TIME: The apparent assumption that racial differences in school discipline rates (in this case Native American v. All Students) must be the result of discrimination is incorrect. See my dissenting statement here. See also this.  The world is a great deal more complicated than the “everything is racism” paradigm suggests.

CAMPUS SEPARATISM:  Syracuse University students occupy building, demand that they be able to choose same-race roommates in student housing.