Ed Whelan Profile picture
Mar 11, 2023 7 tweets 2 min read Read on X
NEWS: Stanford President and Law-School Dean Apologize to Judge Duncan nationalreview.com/bench-memos/st… Read apology letter here and Judge Duncan's acceptance and commentary. 1/
Apology by Stanford president and law school dean faults DEI dean Tirein Steinbach: “staff members who should have enforced university policies failed to do so, and instead intervened in inappropriate ways that are not aligned with the university’s commitment to free speech.” 2/
Interesting to see that apology's characterization of Steinbach's conduct differs markedly from Dean Martinez's statement yesterday ("well-intentioned" effort at "managing the room ... went awry"). Perhaps explains why Stanford *president* co-signed letter. 3/
You'd ordinarily think that university president would leave a matter like this to law school dean. Sure seems that President Tessier-Lavigne might have been upset at Martinez's excuse-mongering for Steinbach. 4/
Apology is tepid in assertion that Stanford is “taking steps to ensure that something like this does not happen again.”

Firing Steinbach would be good first step. Publicly censuring students who engaged in flagrant misconduct would be another. 5/
The strong and clear stance that Stanford president Tessier-Lavigne has articulated on precisely this situation makes it all the more plausible that he was appalled by Dean Martinez's coddling of DEI dean Steinbach.
Since Steinbach can't in good faith embrace Stanford's policy on free speech, she should have the integrity to resign forthwith.

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More from @EdWhelanEPPC

Dec 12
In my new Confirmation Tales post, I explore the history of recess appointments of federal judges. I found the results of my research more interesting than I expected, and I hope you will too. 1/
Did you know that some 300 federal judges, including a dozen or so Supreme Court justices (the precise number is contested), have been recess-appointed? Are you curious to learn who was the only recess-appointed justice not to be subsequently confirmed? (Hint: He was a chief justice.) Did you know that Earl Warren delayed the conference vote on Brown v. Board of Education for three months until he had shed his status as a recess appointee? 3/
Read 5 tweets
Dec 4
I'll do a thread on oral argument today in U.S. v. Skrmetti. Begins at 10 a.m. ET, will probably run past noon.
BTW, when Chief invites Chase Strangio to present oral argument, he will surely refer to Strangio as "Mr." No one on either side should make big deal of this, as Court practice allows advocates to select honorific.
Starting very soon: Thread on oral argument in Skrmetti
Read 46 tweets
Nov 25
From today's ruling by Missouri court in Noe v. Parson: "The evidence at trial showed severe disagreement as to whether adolescent gender dysphoria drug and surgical treatment was ethical at all...."
More from today's ruling by Missouri court in Noe v. Parson: "the credible evidence shows that a vast majority of children who are diagnosed with gender dysphoria outgrow the condition."
Read 4 tweets
Nov 13
Hope it's wrong, but I'm hearing through the grapevine about this bonkers plan: Trump would adjourn both Houses of Congress under Article II, section 3, and then recess-appoint his Cabinet.
As predicate for Trump's exercise of adjournment power, one House of Congress would seek other House's consent to adjourn and be denied. So Speaker of House would need to be complicit in evisceration of Senate's advice-and-consent role.
House Speaker Mike Johnson needs to say NO to this right away.
Read 5 tweets
Sep 19
BREAKING: Federal prosecutor Tina Ansari, who is trying to put whistleblower Dr. Eithan Haim in prison, has been practicing law without a license. License was suspended on September 1. Image
Counsel for Dr. Haim has just filed motion to punish prosecutor Tina Ansari for practicing law without a license. eppc.org/wp-content/upl…
Suspension of Ansari's Texas law license was for failure to pay dues. Suspension triggers all sorts of consequences. Rules of Southern District of Texas, where Ansari is prosecuting Dr. Haim, state that a suspended lawyer "must immediately cease practicing before this court." But Ansari hasn't disclosed suspension and has continued to take part in prosecution.
Read 8 tweets
Sep 4
Tennessee’s Legitimate Interest in ‘Encouraging Minors to Appreciate Their Sex’
Biden administration argues in Skrmetti case that Tennessee's declared interest in “encouraging minors to appreciate their sex” is “illegitimate” because it supposedly “rests on ‘stereotypic notions’ about gender.”
As usual, Biden administration has things backwards. 1/nationalreview.com/bench-memos/te…
It's transgender ideology that is built on stereotypes about what it means to live as a man or as a woman. When senior DOJ official says "Transgender men are men — they live, work and study as men," it’s impossible to even begin to make sense of that statement without adopting stereotypes of what it means to “live, work and study as men.” 2/
DSM-5 actually incorporates stereotypes into its diagnostic criteria for gender dysphoria in children. E.g.:
“A strong preference for the toys, games, or activities stereotypically used or engaged in by the other gender.”
“In boys (assigned gender), a strong rejection of typically masculine toys, games, and activities and a strong avoidance of rough-and-tumble play; or in girls (assigned gender), a strong rejection of typically feminine toys, games, and activities.”
“A strong preference for cross-gender roles in make-believe play or fantasy play.” 3/
Read 5 tweets

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