THE CALIFORNIA LEGISLATURE TRIES TO STOP “PATIENT DUMPING”: Will the new law have the unintended consequence of accelerating the alarming trend toward hospitals’ closing down their emergency rooms?

ON THIS DAY AT THE 1960 OLYMPICS IN ROME: Wilma Rudolph won her third Olympic gold medal for track and field. Not bad for a woman who contracted polio at the age of four and who had to wear a leg brace for much of her early life.

A NEW PROJECT FOR TRUMP ADMINISTRATION ATTORNEYS AFTER THEY GET DONE WITH THE KAVANAUGH HEARINGS:  Roger Clegg discusses the need for a Disparate Impact Inventory.

YESTERDAY IN HISTORY: I forgot to post this yesterday. And maybe it’s fitting that I forgot. On September 4, 476 A.D., came the Fall of the Roman Empire (or rather the Western Roman Empire, the only Roman Empire to be headquartered in … wait for it … Rome). Here’s the crucial point: The September 4^th date is just a convention. It is the date Odoacer overthrew Romulus Augustulus. But one could make an argument for dating the fall earlier or later. It is very doubtful that average Romans understood on that exact date that they were witnessing the close of an epoch. Alas, history is like that. Civilizations fall inch by inch, not all at once.  It’s easy to miss.

IT WAS AROUND THIS TIME 21 YEARS AGO THAT PROPOSITION 209 WAS FINALLY IMPLEMENTED: Proposition 209, which prohibited (among other things) state universities from engaging in discrimination or preferential treatment on the basis of race, color, sex, or ethnicity, had been tied up in litigation for nearly a year. But by September the Ninth Circuit had spoken and en banc review had been denied. The University of California has no choice but to conduct its admissions season as if Proposition 209 was the law … because it was the law.

At the end of the admissions season, UC Berkeley leaked the results to the L.A. Times, which screamed in its headline, “Acceptance of Blacks, Latinos to UC Plunges.” This was highly misleading. While the numbers of Blacks and Latinos had decreased at UC Berkeley, they had increased dramatically at Riverside and at Santa Cruz.

More important—indeed more important than anything—the grades of black students had dramatically increased (and the internal documents at UC-San Diego made it clear that their experts understood exactly why this happened).  You can read about it in The Politics of Admissions in California.

THE LEFT HAS GONE BARKING MAD: A former Kavanaugh clerk sitting behind Kavanaugh at the hearing is accused of being a White Supremacist by a bizarre Twitter mob  that imagines she is sending some sort of “White Supremacist” hand signal.

The woman—Zina Bash—is also a former Alito clerk. Just in case it matters to you, her mother is Mexican and on her father’s side she is the descendant of Holocaust survivors.

Stop the world. It’s time for me to get off.

MISMATCH STRIKES AGAIN: If you are a subscriber to the Chronicle of Higher Education, you may have seen an article entitled How a Liberal Arts College Is Rethinking Its “Soul Crushing” Core Curriculum. Reading between the lines, you’ll be able to see that it’s a good illustration of how affirmative-action mismatch doesn’t just harm the individual students it is intended to benefit; it ends up feeding identity politics and creating student pressure to water down the curriculum and grading scale. The article (behind a paywall) begins this way:

When Art Reyes received a generous scholarship to attend Harvey Mudd College, an elite engineering, science, and math-oriented institution in Claremont, Calif., he and his parents, both immigrants from Mexico, were thrilled. An alum warned him that tackling the intense coursework would be “like trying to drink water from a fire hose,” but the high-school salutatorian felt up to the challenge.

Reality soon caught up with him. With six classes and a lab in his first semester, his days and nights often stretched to 2 or 3 a.m. Sleep-deprived and stressed, he found himself slipping behind his classmates with whom he was wading lockstep through a notoriously challenging core curriculum. By his sophomore year, he had to take a semester off to catch up at a community college. His self-confidence was shattered.

Reyes later learned that he had plenty of company in feeling overwhelmed by the college’s academic requirements. In complaints first to mental-health counselors and then to outside evaluators, students described feeling like they had little time for showers or sleep, much less extracurricular activities or time to reflect.

The problem was particularly acute among the growing number of first-generation and minority students whose frustrations exploded to the surface last year after a leaked report quoted professors complaining that the college’s focus on diversity had caused standards to slip.

Students protested, classes were canceled for two days, and a period of soul-searching began. This year, Harvey Mudd, which is part of the Claremont Colleges consortium, is taking a hard look at its core curriculum and the mental-health and counseling services it offers students.

A curriculum committee is considering how to ease pressure on students without sacrificing rigor. But divisions remain among the faculty about whether this is a good idea, or just pandering to students who lack the work ethic or preparation needed to succeed.

“Ease pressure” “without sacrificing rigor”?  That’s not an easy task.

Once again I offer the following articles in order to understand why our campuses behave as they do: Want to be a Doctor? A Scientist? An Engineer? An Affirmative Action Leg Up May Hurt Your Chances and A “Dubious Expediency:” How Race-Preferential Admissions Policies on Campus Hurt Minority Students. This is serious. Harvey Mudd College is one of the last places to abandon a rigorous curriculum. Their graduates build our bridges and aircraft and things you really don’t want to go wrong.

And one student’s “soul crushing” core curriculum is another student’s educational adventure of a lifetime.

THE ATTACK ON THE FEDERALIST SOCIETY IS SILLY: Today’s Kavanaugh hearing appears to have descended into chaos. Amid the hooting and hollering is the accusation by Senator Durbin that Kavanaugh is the nominee of the Federalist Society. Untrue. But if it were true, I’d be happy about that (and Trump’s detractors should be happy too). You’d be hard-pressed to come up with an organization that that tries harder to engage in free and fair debate. Don’t take my word for it. Listen to the positive views of these left-of-center lawyers about the 65,000-member organization:

“For over a decade, I have been privileged to be involved in Federalist Society events, and it’s a really interesting thing that they have seen fit to invite me even though I generally don’t think like them on a lot of things, and the quality of the speakers and the free-for-all discussion is unparalleled, so it’s really been a privilege.”—Neal Katyal, Acting Solicitor General (Obama Administration).

“I think one thing your organization has definitely done is to contribute to free speech, free debate, and most importantly, public understanding of, awareness of, and appreciation of the Constitution. So that’s a marvelous contribution, and … in a way I must say I’m jealous at how the Federalist has thrived a law schools.”—Nadine Strossen, Professor of Law, New York Law School & Former President, American Civil Liberties Union.

“[T]he Federalist Society has brought to campus the commitment to real, honest, vigorous, and open discussion. It is a result of the works of the Federalist Society to create a wonderful environment for discussing social, political, legal and constitutional issues.”—Paul Brest, Professor of Law & Former Dean, Stanford Law School.

The Federalist Society’s programs are not held in secret; even Sen. Durbin is welcome. It is one of the most open organizations I have ever known. And it strives to include speakers from across the ideological spectrum in its panel discussions. I can recall only one occasion, in 2003, when I panel I was involved in was not balanced (only because the liberal speaker failed to show up). Although, as a speaker, I had already given my own view on the topic (which was a more conservative view), I spontaneously got up and gave the liberal point of view too, just to make sure that the Federalist Society maintained its tradition of presenting the many sides of each issue.

By contrast, the supposedly mainstream Association of American Law Schools is famous for having brought in over 20 speakers to discuss the then-recent passage of California’s Proposition 209 (which prohibited discrimination or preferential treatment on the basis of race, sex, or ethnicity in public employment, public contracting and public education). Every last one of the speakers opposed the initiative; not a single supporter was invited to speak, despite the fact that several law professors who had worked on the campaign, including me, were present at the meeting.  And that’s not the most outrageous story I know about the AALS’s leftist leanings.

WE HOLD ARNE DUNCAN’S UNTRUTHS TO BE SELF-EVIDENT:  No, it isn’t true that his Department of Education cared deeply about the due process rights of male students accused of sexual assault.  Or even that it cared shallowly ….

BOTH SIDES NOW:  John Fund on John McCain.

ONE HYDROGEN BOMB CAN RUIN YOUR WHOLE DAY:  This time last year, North Korea was exploding a hydrogen bomb.  Or least that’s what its maximum leader said (and most of the experts think it’s true).  Don’t forget about that, okay?

SPEAK FOR ENGLAND, ARTHUR!: Today is the 79^th anniversary of one of the most electrifying moments in Parliamentary history.

It was the day after Hitler’s armies had swept into Poland. But Neville Chamberlain was still vacillating. German aircraft were screaming over Poland, but the Prime Minister hadn’t yet entirely given up on the power of diplomacy. His speech before Parliament was careful … much too careful. He declared, “the government is in a somewhat difficult position.”

Ordinarily, Clement Attlee as Labor leader would have had the responsibility for responding to such a speech. But Attlee was elsewhere that day, so the job fell to Yorkshire M.P. Arthur Greenwood as deputy. “Speak for the workers! Speak for the workers!” shouted the Labor back benchers. Greenwood began his speech by announcing that he was speaking for Labor.

Out of the chaos, rang the voice of Leo Amery, a Conservative M.P. from Birmingham South. “Speak for England, Arthur!”

Party loyalties no longer mattered. Nor did class. Greenwood was the son of a house painter. Amery was the son of a colonial officer. The two M.P.s couldn’t have been more different.

Prior to September 2, 1939, Greenwood had never been regarded as a gifted speaker (and indeed never was again). But that day was different. Uncharacteristically, he spoke off the cuff. “We must march with the French,” he declared to enthusiastic applause. “The moment we look like weakening, at that moment dictatorship knows we are beaten. We are not beaten. We shall not be beaten.”

A state of war was declared the next day.

CALIFORNIA LEGISLATURE PASSES SEX QUOTAS FOR CORPORATE BOARDS: CNN cheers. Hans Bader explains why it’s unconstitutional. Now it’s up to the governor to decide whether to sign an unconstitutional bill.

NAMES THAT HAVE BEEN TOSSED AROUND FOR McCAIN’S SEAT: Kirk Adams, Barbara Barrett, Mark Brnovich, Eileen Klein, Jon Kyl, John Lopez, Cindy McCain, Karrin Taylor Robson, Matt Salmon, John Shadegg, Kelli Ward, Grant Woods and many others, great and small.

The first thing Gov. Ducey has to do is decide if he wants a caretaker for the job or someone who might run in the next election for that seat (2020). Since he is running for re-election himself now, he needs to consider how his choice will go over with his supporters and potential supporters.

Instapundit readers: Feel free to leave advice for Gov. Ducey here.

MAYBE NOT ALL TRANSGENDERS ARE BORN THAT WAY?—Yesterday I posted about Lisa Littman, the Brown University researcher who wrote about “rapid-onset gender dysphoria.”  In her study, she asked questions of the parents of teens and young adults who suddenly, after no previous history, identified as transgender.  About 21% of those parents reported that their children had one or more friends who came out as transgender at around the same time; 20% reported an increase in their child’s social media use around the same time; and 45% reported both. In addition, 62% reported their child had been diagnosed with one or more psychiatric disorders or neurodevelopmental disabilities before the transgender issue suddenly arose.

Transgender activists were apparently irate at the suggestion that maybe not all transgenders are “just born that way.”   (Note that Littman was writing about rapid-onset gender dysphoria only.)  Brown University, which had published a news note highlighting the study, caved in to pressure to withdraw the note and issued what was essentially an apology.

All this reminded me of when I drew the ire of transgender activists two years ago. You can read about that ridiculous moment here. I got all sorts of nasty emails and other messages for about a day and a half. One charmer, who claimed to be in San Diego, wrote, “Your days are numbered and we’re coming after you! UCSD will soon be free of your ignorant bigot ass!” (Of course, I don’t work for UCSD; I teach at USD, but whatever.) Another wrote, “Can’t wait for the shaming to begin, Gail. You will never be off the hook, you will always be shamed for being a racist ignorant bigot. Kill yourself now because these next years will be brutal. You will be fired professor [c-word].” And there were plenty more. (And this fuss was about some testimony I’d give that was generally supportive of the idea that one’s willingness to conform to conventional notions of masculinity or femininity is not the government’s business.  Mobs tend not to have read the things they claim set them off.)

One difference between my case and Littman’s is that, despite numerous calls for my firing, USD never did anything other than quietly support my academic freedom.  Here’s something that probably won’t be different for Littman:  By the second day, supportive messages from around the country started rolling in for me. The law school even got a lovely contribution from an alumnus. Pretty quickly those supportive messages vastly outnumbered the critical ones.   I suspect they will for Littman too.  Brown, on the other hand, will likely learn that not everyone thinks it covered itself in glory.

If you’ve a mind to, you can register your support for free inquiry (or your lack of support for a university that caves to howling mobs) by signing this petition.

MAYBE NOT ALWAYS BORN THAT WAY? An untenured researcher at Brown University conducted a study of “rapid-onset gender dysphoria.” In it, she asked questions of the parents of teens and young adults who suddenly identified as transgender (after no previous history of such).  About 21% of those parents reported that their children had one or more friends who became transgender at around the same time, 20% reported an increase in their child’s social media use around the same time; and 45% reported both. The Left went berserk.   Brown University, which had published an article about the study in its news notes, caved and issued an apology.

ON THIS DAY IN 1833: William IV, King of the United Kingdom of Great Britain and Ireland, signed the Slavery Abolition Act of 1833 into law. There was an exception for possessions of the East India Company (which was removed in 1843).

The British ended slavery quite differently from the way the Americans did. First of all, they compensated slave owners. Second, actual emancipation for slaves came in stages, with most slaves being converted to “apprentices” for a few years before they were able to exercise their actual freedom. Full emancipation is said to have been accomplished by August 1, 1838 (a bit ahead of the original schedule set in 1833).

Modern commentators have sometimes called Britain’s decision to compensate slave owners shameful. Maybe. But America’s alternative method—emancipation by civil war—was one of the greatest catastrophes in human history. The death toll was approximately 620,000 (or more by some estimates).  I’m not enough of a Puritan to see the British method as a source of shame.  Find another blogger to read if you want that.

I once sat down to write a counter-factual historical novel in which Alexander Hamilton survives Weehawken and persuades George Washington to support a British-style emancipation.  In the novel, Hamilton was going to be blamed for every trivial thing that went wrong in implementing the plan (by people who had no idea how ghastly the alternative would have been.)  Alas, writing novels is hard.

You never know … I might get back to it one day.  Not today though.

CNN’S BLATANT DISHONESTY ABOUT SOUTH AFRICA’S SO-CALLED LAND REFORM: Analysis by Jerome Woehrle on Liberty Unyielding.

ORGANIZATIONS THAT PURPORT TO ADVOCATE FOR ASIAN AMERICANS FREQUENTLY DON’T: Janie Har reports in Race-Based School Criteria Roils Asian-Americans—Again on how discrimination against Asian Americans didn’t start with the Harvard case. Decades ago, Lowell High School in San Francisco required higher scores for Asians in order to be admitted. That was fine and dandy with so-called advocates for Asian civil rights.  They were more interested in maintaining their reputation with the Left than with actual Asian-American rights.

The monolithic nature of the class of professional Lefties really needs to be written about and discussed more. These days organizations that purport to serve the interests of a specific group seldom do so.

SAD NEWS FOR THE PURSUIT OF TRUTH: Glenn reported yesterday that the California Court of Appeal has denied UCLA law professor Rick Sander access to the California Bar’s data on bar passage. As a result, Sander and his ideologically diverse team of researchers will not be able to test for the mismatch effect in law schools. For those who give a damn about helping law students—specifically minority law students—to pass the bar, this is a sad result.

The data supporting the mismatch effect in STEM is strong. But some had criticized Sander’s previous research into law school mismatch on the ground that the database he was working from left something to be desired. Like a good and honest researcher, Sander responded by trying to obtain the best bar passage data in existence—the data kept by the California Bar (the nation’s largest). Litigation erupted.

Here’s the part that gets me: As I discussed in “A Dubious Expediency”: How Race-Preferential Admissions on Campus Hurt Minority Students, some of the very same people who criticized Sander’s first law school study on the ground that his database was inadequate were the ones who actively tried to prevent him from getting the California Bar data. The leftwing Society of American Law Teachers even subtly threatened to sue the Bar if they complied with Sander’s request. I can only hope that one day they will get what they deserve for this.

ON THIS DAY IN HISTORY—KRAKATOA: Beginning in May 1883, it had been throwing up steam and ash. By August 26, explosions were heard every ten minutes or so.   And on August 27, it blew its ever-lovin’ head off with what may have been the loudest noise heard in historic times. It punctured the eardrums of sailors 40 miles away and could be heard clearly more than 3000 miles away.

Dutch authorities put the death toll at 36,417, including many who died in the tsunamis. Tidal effects registered as far away as England.

Most of the island of Krakatoa disappeared. And, of course, GLOBAL COOLING: Average summer temperatures in the Northern Hemisphere dropped by about 2.2 degrees Fahrenheit in the year that followed. It is said that temperatures did not return to normal until five years later.

HA! GLENN SUGGESTS THIS “DRUNKEN SEDUCTRESS” IS A RAPIST: But under the peculiar standards of today’s colleges and universities, aren’t drunken women supposed to be incapable of consent (and hence always the victims)? If so, isn’t she right that the 14-year-old boy she jumped is the rapist?  It’s so hard for me to keep up with the modern world …

ON THIS DAY IN 1814:  The tiny hamlet of Brookeville, Maryland, was the “United States Capital for a Day.”  Madison camped out there while the British burned Washington, D.C. during the War of 1812.

ON THIS DAY IN 1805:  The main party of the Lewis and Clark Expedition crossed the Continental Divide at Lemhi Pass.  Lewis had scouted out the pass almost two weeks earlier, but this was the day they all crossed together.

At the time, Meriwether Lewis was 31 years old and William Clark was 35.

THE STORM THAT SAVED WASHINGTON:  On this day in 1814, it rained like hell in Washington, D.C.  Some historians say it was probably a hurricane.  Whatever it was, it saved the day.  Maybe.

In the midst of the War of 1812, the British had invaded Washington, D.C. setting the Capitol, the White House, the Treasury Building, the War Department, and other buildings afire.  (Yes, this was the time Dolley Madison saved Gilbert Stuart’s 8-foot portrait of George Washington as she fled the White House.)

The storm, which spawned at least one killer tornado, dispatched the Brits. They got out of Washington as fast as they could.  And the rain put out the fires.  It was providence …

Or else it didn’t quite happen that way.  The counter-narrative is that the British hadn’t intended to stay anyway.  They just came to burn the city.  And the storm actually damaged buildings that the British hadn’t burned.  I won’t try to resolve the controversy.  I don’t want to run the risk of spoiling everything.