Alison Somin Profile picture
Oct 17 20 tweets 3 min read Read on X
1. Some (forgive me, inchoate) thoughts, tl;dr of which: (a) Yes, this is happening, it's a little odd progressives are pretending it's not, when they were celebrating same about a decade ago; (b) Yes, civil rights law is reinforcing this, and while I am not ordinarily one...
2. ... to understate the influence of civil rights law on culture, here civil rights law is imho reinforcing broader trends driven by technology and abundance. Though I hope disparate impact will be held unconstitutional within this decade by SCOTUS and am guardedly...
3. ... optimistic that it will be, reversal of disparate impact here will have a positive but only limited effect.
4. To (a): I am alas old enough to remember that about fifteen years ago, journalist Hanna Roisin of Slate published a book called The End of Men. It's been over a decade since I read it, but it is fairly summarized as celebrating the rise of an increasingly feminized...
5. ... culture from the left. Andrews is lambasting these cultural trends and Roisin was celebrating them, but it's striking to me that their descriptive analysis of feminization is similar. Thus also a few years later, Sen. Kristen Gillibrand tweeted the infamously cringe...
6. ... "The future is female, intersectional, powered by our belief in others" in the same spirit.
7. So why did 2012 progressives think the future was female? They focused much less on civil rights law and more on how technological changes and increasing abundance favored typical female strengths over male ones.
8. There are fewer factory, farming or artisanal jobs that require physical strength and more good jobs that require wordcel and interpersonal skills. To be sure, some of these are DEI bureaucrat or HR jobs roundly...
9. ... mocked by the right On Here that are subject to abolition by regulatory changes, but many of these are also in fields like marketing, PR, or health care that really do flow from market demand.
10. Over decades, the home front is also changing. Yes, caring for small children remains an emotionally and time intensive task. But modern dishwashers, vacuum cleaners, and washing machines and so on make housework much easier than it was for my grandmother in 1935.
11. In other words, the cost/benefit of being at home vs. working has shifted significantly for women over the last 100, and even the last 50, years.
12. Not sure I've ever seen anyone write about this, but it used to be that middle and upper middle class moms of school age kids would fill their days with volunteer work once their children started to need care less. Increasingly, though, the old society lady volunteer..
13. ... jobs have been professionalized and pay money and benefits. My girlhood babysitter's mom ran a small local Native American history museum in her spare time once her daughter started school. Now that same institution has a paid executive director. I used to...
14. ... see my high school friends' moms hanging out in the conference room at school planning benefit galas together. Now in most places, there's a (paid, with a 401(k) Director of Institutional Advancement who does that instead.
15. Much of this comes less from feminism as an ideological force and more from educational, philanthropic, and artistic organizations having the additional wealth to bring on more full time employees.
16. I will put my bona fides as a critic of disparate impact law against anyone's (look up my SSRN page if you are inclined to disbelieve me.) As I said at the beginning of this thread, it's unconstitutional, and I hope and am guardedly optimistic that SCOTUS overturns it...
17. ... within the next decade. But while it reinforces the feminization of certain workplaces, technological changes and abundance are also driving these changes, and disparate impact is playing only a limited role here.
18. One more thought: feminism's critics tend to say little about not typically feminine women can lead decent lives. Some of us are weird and disagreeable. Some of us need an outlet for our weirdness and disagreeability different from domesticity...
19. ... and caring for children. I think the fear here is that allowing for exceptions will swallow the whole, and so critics of feminism shy away from it. But as a chronically disagreeable woman, I want a reservation somewhere...
20. ... where I can read and think and practice law, whether or not it's in the Hyde Park neighborhood of Chicago, and I would appreciate seeing feminism's critics build more space for one into their thinking. /end

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More from @AlisonSomin

Apr 29
1. A lot of the news coverage of this has implied that Civil Rights Division lawyers are apolitical expert technocrats who neutrally follow the law and facts whereever they may lead. This is true in some individual cases but alas wildly naive optimism about CRT as a whole...
2. In my second year out of law school, I was hired as a special assistant/(very junior) counsel to Gail Heriot, one member of the eight-member Civil Rights Commission. The first big project we took on after I got there was an investigation into the Obama DOJ's handling of....
3. ... the New Black Panther Party case. Briefly: during the lame duck Bush 43 administration, CRT lawyers secured a default judgment against two members of the New Black Panther Party for voter intimidation at a polling place in Philadelphia.
Read 18 tweets
Apr 23
1. Three important executive orders on civil rights/equality and opportunity issues today. "Restoring Equality of Opportunity and Meritocracy" essentially abolishes disparate impact rules and enforcement throughout the federal gov't.
2. By way of refresher: there are essentially two types of federal civil rights laws. Disparate treatment prohibits actual discrimination. Disparate impact prohibits practices that have an adverse effect and are not...
3. ... justified by business necessity. The problem is that virtually all employment (or housing or educational) practices have an adverse effect on some group covered by civil rights law. So to avoid disparate impact liability, many employers (and schools, housing authorities..
Read 18 tweets
Jan 17
1. From the press release @PacificLegal put out today on President Biden's ERA declaration: "Individuals should be treated as individuals and not subject to arbitrary government discrimination based on their sex. The Fourteenth Amendment already guarantees individuals...
2. ... men and women alike, equal protection of the laws. Accordingly, an Equal Rights Amendment that restates that individuals have a right to be free from government discrimination on the basis of sex is an unnecessary constitutional redundancy.
3. Unfortunately, the Biden Administration has enforced the nation’s civil rights laws in a manner that suggests a different purpose.
Read 12 tweets
Jan 10
1. I don't entirely care for applying ideological labels to Supreme Court justices because their job is to get the law right, regardless of their leanings. But if we're going to do this, Amy Coney Barrett voted for the preferred conservative outcome in Dobbs (abortion), SFFA..
2. (affirmative action), Bruen (guns), Loper-Bright and Relentless (overturning Chevron judicial deference), 303 Creative (clash between free speech and anti-discrimination law) and Sackett v. EPA (environmental law). She voted for the pro-Trump outcome in...
3. Trump v. Anderson (Sec. 3 disqualification) and concurred in the decision in Trump v. United States (immunity.) Obviously reasonable conservatives can disagree with some of her opinions. Ask me sometime about the denial of cert in Coalition for TJ v. Fairfax...
Read 5 tweets
Nov 26, 2024
1. Have tweeted similar things before, but I think part of what's going on here is that college educated progressives are highly conscientious people who are overly sensitive of the downsides of high conscientiousness, and this informs their thinking about public policy.
2. Take the health stuff that's the topic of Noah's thread: in general, it's good to be conscientious, not to eat too much of anything, to minimize consumption of sugary foods and to exercise regularly. But it is *also* possible to take those generally good principles to an...
3. ... extreme. Maybe you become the person who won't stop talking to your friends about your CrossFit routine and how they shouldn't eat raw kale in their smoothies because the cooked kind is so much healthier. At an even more extreme end lies anorexia/orthorexia.
Read 9 tweets
Feb 20, 2024
Very disappointed to see the Supreme Court declined to grant cert in Coalition for TJ v. Fairfax County School Board. Justice Alito wrote a blistering dissental, in which he called the Fourth Circuit's opinion "indefensible." More in PLF press release:

pacificlegal.org/press-release/…
Individuals should be treated as individuals and not on the basis of their membership in racial groups. Heartbreaking as this setback is, we'll keep fighting to uphold that crucial legal and moral principle.
PLF has several other cases pushing back on racial discrimination by proxy. The one that's farthest along involves proxy discrimination by the Boston school board. A cert petition will likely be filed this spring.
Read 4 tweets

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