Aaron Sibarium Profile picture
Mar 10, 2023 25 tweets 6 min read Read on X
NEW: Fifth Circuit appellate judge Kyle Duncan, who was shouted down by Stanford Law students yesterday, says the protesters behaved like "dogshit."

He is also calling on Stanford to fire the DEI dean who participated in the uproar.🧵

freebeacon.com/campus/dogshit…
Duncan’s remarks come after nearly a hundred students disrupted his remarks in brazen violation of Stanford’s free speech policies—and after the law school’s associate dean of DEI, Tirien Steinbach, stepped in during the event to chastise Duncan for causing "harm."
In a fiery interview with yours truly, Duncan called on the school to discipline the students who disrupted his talk and to fire Steinbach, who he says subjected him to a "bizarre therapy session from hell."
One source of the students’ ire was Duncan’s refusal, in a 2020 opinion, to use a transgender sex offender’s preferred pronouns. The event, which was sponsored by the Federalist Society, got so out of hand that federal marshals eventually escorted Duncan from the building.
Tirien Steinbach, the school’s diversity dean, arrived on the scene when Duncan himself asked for an administrator to restore order. She then took to the podium and, in a video that has now circulated widely online, accused the judge of causing "harm." vimeo.com/806801455/16c7…
"Your opinions from the bench land as absolute disenfranchisement" of the students’ rights, Steinbach said.

"Do you have something so incredibly important to say," she asked him, that it is worth the "division of these people?"
Duncan warned that what happens at Stanford, long the second-ranked law school in the country, behind Yale, is unlikely to stay there. "If enough of these kids get into the legal profession," he said, "the rule of law will descend into barbarism."
The protest is perhaps the most extreme example yet of law students shouting down conservative speakers. A similar incident occurred at Yale last year when Kristen Waggoner, a prominent SCOTUS litigator, was drowned out by students protesting her views on transgender issues.
Also last year, students at the University of California-Hastings disrupted a talk with the libertarian law professor Ilya Shapiro, shrieking and jeering each time he opened his mouth.

The tactics used against Duncan were nearly identical.
Nearly everyone in the room showed up to disrupt the proceeding, according to Duncan and two members of the Federalist Society, and many of the hundred or so students on hand were holding profane signs, including one that declared: "Duncan can’t find the clit." Image
Each time Duncan began to speak, the protesters would heckle him with insults, shouting things like "scumbag!" and "you’re a liar!"

The din became so loud that Duncan asked for an administrator to keep order, according to video of the event.
That’s when Steinbach, the associate diversity dean, delivered her remarks. While she reminded students of the law school’s free speech policies, which prohibit the disruption of speakers, she proceeded to stand by while students continued to heckle Duncan.
She also expressed sympathy for students who wanted to "reconsider" those free speech policies, given the "harm" Duncan’s appearance had caused.

Here is footage from later in the talk that shows Steinbach standing by as the heckling unfolds.
At least three other administrators, including. dean of student affairs Jory Steel, were present throughout the event, according to Tim Rosenberger, a member of Stanford’s Fedsoc chapter. None of them told the students to allow Duncan to speak without interruption.
Eventually, one of the leaders of the protest instructed the students to "tone down the heckling slightly so we can get to our questions." So began a contentious Q&A between Duncan and his critics, who continued to disrupt and jeer as he spoke.

It was not very productive:
The students appeared to have little familiarity with Duncan’s jurisprudence. Some accused him of suppressing the voting rights of African Americans, Duncan said–only to cite a case in which Duncan had actually dissented from the majority.
Other questions were less academic. "I fuck men, I can find the prostate," one student asked, according to Rosenberger. "Why can’t you find the clit?"

Duncan was escorted out of a back door by federal marshals, who told him, he said, that they were there to "protect" him.
The meltdown followed a week-long pressure campaign against members of the Federalist Society, who were personally named and shamed by campus activists. Image
Over 70 students emailed the group on March 6 asking it to cancel the event or move it to Zoom, arguing that Duncan has "proudly threatened healthcare and basic rights for marginalized communities"—language Steinbach quoted in an email sent out the morning of the event.
Her email, which also reminded students of the school’s free speech policies, nonetheless said the event would be a "significant hit" to students’ sense of belonging.
When the Federalist Society refused to cancel, students began putting up fliers with the names and faces of everyone on the board. "You should be ashamed," the posters read. ImageImage
Other posters berated Duncan for opposing gay marriage, denying "Black Americans the right to vote," and denying "trans people the right to self-determination"—a reference to a 2020 opinion in which Duncan referred to a male-to-female child pornographer using he/him pronouns.
The public shaming continued the day of the event. As Duncan was being whisked away by marshals, protesters encircled members of the Federalist Society and hurled invective at them, Rosenberg and another Federalist Society member, Harrison Nugent, said.
Such tactics have become par for the course at elite law schools. The Yale Law students protesting Waggoner likewise sought to shame the Federalist Society, which had invited her, with posters littered throughout the school.

"Through your attendance" at the event, the posters… twitter.com/i/web/status/1…
For Duncan, the attempt to shame individual students was the most disturbing part of the imbroglio.

"Don’t feel sorry for me," he said. "I’m a life-tenured federal judge. What outrages me is that these kids are being treated like dogshit by fellow students and administrators."

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More from @aaronsibarium

Mar 17
NEW: Trump's Equal Employment Opportunity Commision (EEOC) sent letters to 20 white shoe law firms today requesting information about their diversity, equity, and inclusion policies, arguing that many of the firms' practices appear to violate civil rights law.🧵 Image
The letters ask the firms to provide detailed information about their diversity fellowship programs—some of which explicitly limit eligibility based on race—and to explain how the firms achieved rapid changes in their demographic makeup without recourse to race discrimination.
Recipients of the EEOC's letters include Latham & Watkins, WilmerHale, Skadden Arps, Goodwin Procter, Hogan Lovells, Kirkland & Ellis, and White & Case. Two of the firms, Perkins Coie and Morrison & Foerster, were sued over their minority-only fellowships in 2023.
Read 12 tweets
Mar 17
NEW: A gender studies professor who says "white empiricism" undermines Einstein’s theory of relativity sits on a top advisory panel at the Energy Department.

Meet Chanda Prescod-Weinstein, who claims string theory "failed to succeed" because the field has too many white men.🧵 Image
Prescod-Weinstein, a professor of physics and gender studies at the University of New Hampshire, was appointed to the High Energy Physics Advisory Panel (HEPAP) under the Biden administration in 2024.
The panel advises the DOE on research and funding priorities for particle physics, giving it significant say over which projects receive federal support.

Prescod-Weinstein will remain on HEPAP until 2027 unless the Trump administration takes action to remove her.
Read 17 tweets
Mar 13
SCOOP: Illinois runs a scholarship program for graduate students that explicitly excludes white applicants, a move lawyers say is unconstitutional and could jeopardize the federal funding of more than two dozen participating universities, including Northwestern and UChicago.🧵
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Students apply to the program through their universities, each of which has an "institutional representative" who helps "verify ... that applicants for the fellowship meet all eligibility criteria."
Read 15 tweets
Mar 5
NEW: The American Sociological Association is suing to block the Trump administration's Dear Colleague letter on DEI.

But guess what? ASA has a fellowship that openly discriminates against white applicants—something that would have been illegal even without the new guidance.🧵 Image
With help from Democracy Forward, a legal nonprofit whose board is chaired by disgraced Dem superlawyer Marc Elias, ASA sued to block the enforcement of the Dear Colleague letter, which argues a wide range of DEI initiatives—not just overt racial preferences—violate Title VI.
The complaint described a parade of horribles that would allegedly result from the guidance. The list of prohibited practices is so broad, according to the ASA, that even honoring Martin Luther King Jr. could jeopardize a school’s federal funding.
Read 11 tweets
Feb 25
NEW: Scores of Iowa public school districts now have affirmative action plans that encourage race-based hiring and other diversity initiatives, potentially imperiling their federal funding under new guidance issued by the Trump administration.🧵 Image
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The plans, which are required by state law, include hiring goals for minority teachers, courses on "equity in mathematics," and bonuses for teachers who specialize in "culturally responsive leadership."
Some set percentage targets for "BIPOC representation" or explicitly say that race is "considered when making employment decisions." Image
Read 28 tweets
Feb 13
NEW: After Trump’s inauguration, the University of Michigan School of Nursing axed all its DEI programs.

Or so it appeared—until we dug deeper.

Turns out the school just renamed its DEI office the office of “community culture.” And all its DEI programs are still in effect.🧵 Image
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Amid Trump’s blitzkrieg of executive orders, a "diversity" tab with links to DEI resources was removed from the school’s homepage. And pages with "DEI" in the title were renamed and purged of the offending adjective, according to web archives we reviewed. Image
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The main page for the school’s diversity office was taken down entirely, replaced with a new page for "Community Culture” that declares that "culture is at the heart of everything we do." None of the revised pages use the terms "diversity" or "DEI." Image
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Read 21 tweets

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