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KC Johnson Profile picture
@kcjohnson9
Sep 10, 2020 • 9 tweets • 4 min read • Read on X
.@RepBonamici opens House hearing by denouncing TIX regs as "forcing survivors to endure live x-examination." Does she oppose the use of x-exam in civil or criminal contexts? Does she disagree w/the SupCt on its value?
.@nwlc's Goss Graves testifies that "the survivors we work with are deeply invested in due process" (except when it involves x-examination, access to evidence, notice, or bias-free training, apparently).
Excellent comment from @virginiafoxx --from argument of opponents, it seems as if they seem the stakes in campus TIX adjudications as so low that schools should be able to dispense w/core due process protections.
Good Q from @RepDustyJohnson: did the regs structure the correct balance w/r/t rights of acc'd and rights of complainant? @samk_harris discusses the development of the law.
Neither Bonamici nor Rep. Scott asked a Q about TIX. Now @RepJahanaHayes opens w/Q on transgender rights.
Qs from @RepBenCline on how regs tie closely to SupCt definitions, notes how DeVos regs seem to tie more clearly to legal precedent than Obama-era policies. @samk_harris stresses on TIX & educational access; notes Court liberals joined Davis decision.
.@RepSusieLee also asks about transgender rights; no Qs on the TIX regs.
.@RepBenCline closing comments notes highly unusual fact that Trump adm policy has achieved support from broad ideological spectrum, notes how the regs conform to legal developments.
.@RepBonamici closing statement focuses on health care, transgender issues. Doesn't return to TIX regs. No explanation of why--in her opening statement--she attacked the value of x-examination.

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More from @kcjohnson9

KC Johnson Profile picture
Mar 26
Quite an opening anecdote in this richly reported @TheAtlantic piece on Stanford after Oct. 7. Image
Interesting analysis here--which I'm not sure fully explains *why* the average student has changed (or why the average student wasn't horrified by the events of Oct. 7). Image
Fascinating excerpt w/prominent anti-Israel prof--who either dissembles about his position or is simply Orwellian in his language. Image
Read 4 tweets
KC Johnson Profile picture
Mar 7
The key argument in antisemitism lawsuit filed today against @MIT: "MIT tolerated discriminatory, harassing speech that it had expressly not tolerated in other comparable situations." Image
Lawsuit alleges selective enforcement claim--rules enforced against Jewish and pro-Israel students but not against non-Jewish and anti-Israel students.
Allegation re harassment of Jewish profs is troubling. Image
Complaint unsurprisingly cites troubling incident where MIT acknowledged that anti-Israel protesters violated MIT rules, but then declined to move forward on discipline due to "visa" issues. Image
Read 6 tweets
KC Johnson Profile picture
Feb 22
A short thread, with audio, on 1964, the anomaly in @JMilesColeman's excellent piece on Senate/presidential ticket-splitting, which usually has benefited Dems.
In 1964, the GOP won six Senate races (CA, DE, HI, NE, PA, VT) in states carried by LBJ.
For LBJ the most consequential was Delaware: “I want to beat this son-of-a-bitch [John] Williams.”
LBJ was even willing to do a deal with RFK (clip below) where LBJ agreed to extra time campaigning for RFK in NYC if RFK mobilized civil rights leaders against Wiliams.
In three other states—CA, HI, PA—party divisions undid the Dems. PA was especially notable—legal fights over an exceptionally close primary weakened nominee Genevieve Blatt, who would have become the first woman elected to the Senate who hadn’t succeeded her husband in Congress. Image
Read 4 tweets
KC Johnson Profile picture
Jan 19
Just in: IL district court grants preliminary injunction in @UofIllinois basketball player TJ Shannon case. Orders suspension lifted. Image
Very broad ruling on due process--in a tough circuit.
"Plaintiff has alleged that the University’s arbitrary decision to suspend him for sexual misconduct has deprived him of a protected liberty interest: his freedom to pursue a career of his choice in basketball."
Image
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Court cites favorably the key due process reasoning of now-Justice Barrett's decision in Purdue: "The Seventh Circuit emphasized that the hearing must be “a real one, not a sham or pretense.” Image
Read 6 tweets
KC Johnson Profile picture
Nov 28, 2023
@brandeiscenter lawsuit against Cal-Berkeley focuses heavily on student-group rule that excludes Zionists from membership, speaking, & in one case publishing in a law journal.
Hard to argue rule is viewpoint-based when Berkeley leaders have conceded it's antisemitic. Image
As w/recent NYU lawsuit, Berkeley complaint provides window on the post-10/7 campus atmosphere for Jewish student: "lecturer who told students that class was over early before proceeding to embark on an anti-Israel rant for 18 minutes." Image
Complaint also contains explosive allegation re UC chancellor, who allegedly "told some members of the Berkeley community that her public statement addressing the attacks was not as strong as she would have liked due to her concerns about violence on the campus." Image
Read 5 tweets
KC Johnson Profile picture
Jun 23, 2023
CT Supreme Court: "Statements made in sexual misconduct disciplinary proceedings that are offered and accepted without adequate procedural safeguards carry too great a risk of unfair or unreliable outcomes."
Yale accuser not entitled to absolute quasi-judicial immunity.
CT Supreme Court: Students accused of sexual assault "often face life altering and stigmatizing consequences...we must acknowledge that the accused’s right to fundamental fairness is no less important than the right of the accuser or the larger community to achieve justice."
CT Supreme Court: if university wants to give TIX accusers absolute quasi-judicial immunity, the process needs to have sufficient procedural protections.
Read 15 tweets

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