tv Republican Natl Lawyers Assn. Holds Policy Conference CSPAN April 1, 2022 11:55pm-1:36am EDT
opinion that good practices make good citizens and he made a point singer leon in order for our republic is survived we need people who have their ear to the ground to understand the effects of policy at the grassroots level of taxation come up legislation to circulate in the community and interact with people of different classes of different creeds different origin on a daily basis. these are the people we want representing us.
>> what we are going to do is spend about 10 minutes talking about education and there will be interaction among ourselves and during the course of this in terms of q&a if you would submit your questions in writing i will bring them up here at the tail end. if something pops up in the middle go ahead and write it down and bring your questions appear to me and we will ask those. those of you who have party heard the attorney general education is a huge deal and i'm extraordinarily pleased to have the panel the way of. these are colleagues of mine are people that i worked with during
my time at the department of justice in the civil rights division are while i was senior adviser to the secretary did they bring a wealth of experience of the issue and i think you guys will really enjoy listening to them turning my left tim risky currently serves as a distinguished fellow for parents defending freedom and if you don't know that organization they are doing great work in defending writes here in virginia and throughout the united states. they have extended their footprint in the education space. and with the texas public policy foundation. importantly to our conversation to him ran the office of civil rights at the u.s. department of education for a year, year and a half and other positions throughout the prior
administration. she has a wealth of -- the other piece and she's going to talk about this is like me i served on the board of directors and chaired and i'm appalled at what has happened over the last year with the organization. kim serves as the managing director fetter galápagos ian public policy which also serves as general counsel and the oklahoma department of education says she is a wealth of experience in the educational space and uniquely qualified to speak on some dishes that came out of loudon county in the department of education. to my immediate right i'm extraordinarily pleased that she is here. i've had the opportunity work with her on a variety of issues during my tenure with the administration focusing on civil rights issues lgbt issues and particularly transgender issues.
she is a political strategist on starting nonprofit organizations and she has 18 years as a polling consultant and it's important to us and for those of us sitting here natasha is on the progressive side and she will talk about that a little bit. she has, she was one of the leaders of the organization called the women's liberation front. she brings a unique perspective to these issues and i'm very grateful for you coming in speaking to us and bring your perspective. last but not least on my far right braden liked me as a doj alumnae >> 14 years as a state and federal prosecutor u.s. attorney. he brings that litigation
perspective to the public interest law firm. he works for a public interest law firm doing public interest litigation after the doj and before he joined his current position as director of the south eastern legal foundation for the southeastern legal foundation was developed by ed meese and he does great work in this space litigation and public interests. most recently they have been very focused on working closely in the education space involving crt things that the attorney general spoke out about a couple of minutes ago. ..
always democratic issue. who would you think be center on education? it's always been a democratic issue. that has completely, the needle has moved over and circumference are showing a one or 2.3, i think it's moving dramatically one reason it is moving dramatically is based on a lot of the policies the democratic administration is taking with their allies in public interest sector respect to the role and education, mccullough's -- it was a disaster but the statement regarding fact that parents have no role in the curriculum in their child's public education which is a ridiculously to any
parent there is not a result, how the only reason. with that what i want to do is toss this over, talk about what happened in virginia and your experience in dealing with this thank you to everyone here for prioritizing this topic. as mentioned, i am english fellow education fellow parents defending education, a group who works with parents across the country to fight back and reclaim public schools and empower parents. we filed a lawsuit complaint and we file hundred to reveal what is going on in public schools.
as mentioned, virginia was a unique situation here. president biden one virginia by ten percentage points and what was interesting is governor youngkin was able to tap into local education issues bring those to the forefront of the gubernatorial election. he consistently and clearly communicated to the parents told them i am with you and will work to empower you and i support you in fact made education top issue in the campaign. interestingly, the epicenter of the movement reclaim really occurred here in northern virginia. you in the public schools, the
incredible parental movement going on in that district the county was emblematic of what parents across the country who are experiencing, everything started in the county around bring 2019. there had been several complaints within the district allegation of racial termination in violation of title six. the naacp filed a complaint with the state attorney general's office regarding lease admissions policy, which the naacp claimed this really including african americans. so as a result of allegations of
hostile environments for african americans, public schools commissioned fired a company out of california called equity collaborative to perform essentially systemic equity assessment and 400,000 over 400,000 to do that and in our work noticed a lot of times how equity and inclusion initiative start. they start with incidents of alleged discrimination a formal action by school district to hire a company to coming due in evaluation of what is going on in the school district. it found there were problems within the county schools. the racial literacy, they found staff wanted to a diverse
workforce. african-american students, the english language learners and african-americans muslim students in particular were subject to racial slurs and harassment and treatment. almost immediately after receiving the findings of the county, the school started to take steps to correct these things and changed their path because they believed it had ratios about the civil war. they required teachers to start undergoing cultural sensitivity training and other development
to get at the allegations, parent and staff confirmed the actions of the school district. several different trainings dealing with students and employees of the school district teachers were the told they experienced privilege or oppression based on the color of their skin. teachers were told white people cap had and people of color are held back and then they say obstacles white people do not face. that's when the pandemic hit and covid somewhat shut down schools but you had racial tension issues the background before covid over time complaint group not only from how the school was
handling racial tension to house the school was responding to covid and mask policies this book was educated with his abilities. in june of last year there was a notable incident and i think it was this incident at the school board meeting across the country. it was the last regularly held school board meeting before the board a couple of months off before the summer break. a large crowd of parents signed up to participate in the school board meeting. 250 parents signed up weekend about comments in, the chair of the board could not get the meeting called to order. support all the public comment took unanimous vote to stop
public comment and resumed their board meeting in closed session. the sheriff's office was there, law enforcement officers tried to remove parents from the school campus the actual building with us. reporter: meeting was held. not all parents left, at least two parents were detained by law enforcement officers, one of which was for trespassing and the other was arrested for trespassing and resisting arrest. all must immediately, almost immediately 50 reports across the country about similar incidents at school board meetings. some incidences where parents were protesting policies, some did likely get out of hand but
that incident really get spark of fire that spread quickly and immediately you begin to see parents attending school board meetings across the country high numbers demanding to engage with locally elected. reporter: members. if you fast-forward for five months at the federal level but i think changed the landscape of how parents began to interact with their scoreboard members. if we click fast-forward, and 2021, this would have been three or four months after the latin county incident, letter to present biden requesting federal law enforcement intervene into local school board controversies.
essentially the national school boards association asked federal law-enforcement and other federal agencies assist with feeling with the growing number of fronts of violence and acts of intimidation occurring across the nation. you from this site, we ask government to investigate, intercept prevent crime acts of violence against public officials for existing statutes, executive authority, if your agency and intergovernmental task forces and any other extraordinary measure it's worth the safety of our children and educators to protect interstate commerce and preserve public close, infrastructure public campuses. it goes on to say they are
soliciting expertise and resources of the department of justice, fbi, department of, security, secret service and national threat assessment center regarding of risk to public school for children from educators and board members and facilities and campuses. they specifically ask the federal government biden administration of domestic terrorism.
their right to free speech and their right to petition elected officials and how local school board members handling the issues, race to mask enclosure of public schools. almost five days later, the amazing turnaround but five days later, merrick garland directing the fbi to work with state attorneys continue meetings with federal, state and tribal law enforcement to discuss strategy for how to address the threat and protect penetrators school
board members teachers and staff and open lines of communication in the threat and assessing threats and determining how to move forward with the threat. robin stated the department would amount measures designed to address -- i am quoting this, criminal conduct by engaging in these rights. almost medially parents differently education launched a massive effort across the country to get at the heart of what this was really about. an open records request a dozen state specifically records of the book of directors to see what communication occurred prior to the issuance of this
memorandum by attorney general merrick garland. what we were able to find was an sba was in collaboration between the white house and/or department of education. the efforts we obtain through our efforts and open records request revealed an sba, it was requested possibly my secretary education card, or the white house and that is clear from the record we obtained. in addition to breaking the story how the white house and department of the white house
were issuing this letter and request we began surveying state associations who are members of an sbi. structure, every state has a state association, it is that association that is a member of the national school boards association so we reached out to every state association and asked three question, whether they supported it and whether they believed parent engaging with their scoreboards and first amendment rights exercising, it should be considered by law enforcement or investigative and asked whether they intended to refer complaints or whether they intended to refer complaints to
local law enforcement and asked how they define harassment of public officials. as of today's date, 21 state associations have withdrawn from the national school boards association. [applause] and at least 29 of the remaining associations have distanced themselves from the letter and stated they do not agree parents exercising their first amendment right should be investigated by federal law enforcement or department of justice. >> a couple of final comments, if you want to see a complete narrative, republican attorney generals have an aggressive investigating this and thinking are two great work.
there are e-mails from the national school board association press as part of a request of the letter, they worked with the white house drafting the letter and changes were made at the white house. i encourage you to listen to our attorney generals garland testimony, senator cotton aggressively questioned him, this is an unfolding issue, republican attorney general survey request in the federal government, we want to see what you are e-mails say that match
your e-mails. the law firm has done a great job and they are litigating so keep an eye on this, there will be more to drop on this because of the great work she and her team have done. with that, i am going to -- [laughter] an insider prosecutor joker. the southeastern legal foundation, we are trying to reclaim civil liberties and the choice of that word is very intentional, reclaiming is the operative word there.
the language surrounding civil rights and debate about what is going on in schools led to deliberate distortion of what is going on and undermine legal concepts at play here but the courtroom cannot resemble media environment when narrative trumps facts and words no longer have meaning. we are not going to disarm the meaning of such words always known what they mean in america, freedom, equality, civil rights and not to scale thunder from my friend to the left but still i thunder. the semantics and the word and corruption for our ability to perceive the terms and we don't analysis where we saw headlines
like this response to concerns about sexually charged material in schools, it prompted a blowback and use coordinated attempts conjunction with allies characterize these parents concerns integrate example, critical race theory is a law school concept, he does not want true history to be taught and this is what the headlines look like but in reality before it became a highly charged debate, they were open what they meant and what their goals were so this is from a new business, summer of 2021 this just happened it is a resolution announcing opposition to
critical race theory or the 16th 19 project must poorly thought out legislation, that is not what they are saying, they state that it is reasonable and appropriate to be informed as critical race theory so the ability to control narratives cannot hide the obvious, this is what the nea essay and was hard to find this because it has disappeared on the website. here's a document from 2019 springfield missouri where public school district in the leadership series stated they want to introduce components of critical race theory from educational research with applications of the district so what you see in media environment cannot be allowed to dominate.
go even further down, in america aquatic means equality of opportunity. a right obtained to the individual, a principal laid down in the declaration of independence, one of the most radically wonderful things about america myself evident truth we do not have racial identity. our identity coalesces around a common set of freedom based ideas. he quality is something in individuals and predominance of the term equity obfuscates. a term suspiciously that sounds like he quality what equity means is achieving equal outcome among different groups or the divide such as sex, gender or race and equity oftentimes eats
the tale of a quality because equity will accept you must necessarily treat individuals different to achieve different outcomes and it's under the disguise of civil rights. this is not equality but government forced equality. it is not progress, it is reinstatement some of america's worst i guess. the declaration of independence claimed a self-evident troop must be qualified and cannot be taken seriously or at face value. litigation in response to this, the first would be fighting for colorblindness in our schools and colorblindness protected by
the civil rights act 14th amendment and first amendment has applications as well but the last thing, what is critical race theory? we have this debate about what it means, i've shown you how schools put in but is it a harmless concept? it's an equity glossary in a school district in chicago that i'll talk about, it defines critical race theory questioning the foundations of work order including equality theory. enlightenment and principles of constitution of law. i would submit to you that it is difficult to institute curriculum and believe it's appropriate without united states constitution and related civil rights act. the actually looks like, this is
mandatory teacher training from missouri, campaigned in a complaint that alleges part of the teacher training teachers are forced to undergo training to identify themselves and say whether or not they fell within the camp of -- accused of mischaracterizing the position and see white supremacy has an overt and covid component. over is 100% of people would agree flinching and hate crimes and the n-word are actual white supremacy. over white supremacy is things like policy initiatives like
blending property taxes and education from property taxes but the one is colorblindness is itself identified as a form of white supremacy. so when i say it's a retreat to the worst i guess in america, this is what i allude to edits where teachers are forced to confess to the privilege and forced to confess they were oppressors, simple case of compelled speech. we live in an america where students can't be forced to pick take pledge of allegiance or engage in schools, you cannot force teachers in the same schools to admit they were oppressors or renounce the firm belief in colorblindness. [applause]
in other school districts, it's a book that is one page, the name of the book is not my idea, it's about whiteness has to be seen to be fully appreciated but what you have is the caption that says whiteness is a bad deal, always was. the image is an actual white devil holding a contract binding you to whiteness and free money and fate free favors. we can see your.there but these are materials making their way in, alleged to be part of an exercise in pre-k. you can imagine what a district that thinks it is appropriate instructional material has across the board.
[inaudible] >> correct. the next thing i'll talk about is called courts and parents from a nap you are seeing this, how parents are being shut down you see this on tracks, you have parents who want to read and charge materials they are in their vibration curriculum and told they can't read that even though it is making its way into libraries. another one raging as you are seeing an uptick in parents who address school board members by their names and being told that violate the rules. these are opportunities as well because of course you have the first amendment right to engage in speech and when they open up the floor, is a limited public forum and they can invoke some restrictions for first amendment protections. as a matter of state law, you have open meetings. furthermore, tim talked about
the national school boards association's and various state chapters. they've done commendable work trying to ask these state chapters to state their positions coordination with the department of justice. what a lot of people aren't aware of is your state public records laws may obtain your school boards association under fentanyl equipment government theory they are private entities but so embedded in the educational for so long that in tennessee in litigation, they declare them to be susceptible in the same public records so kim is asking them for their position, it is possible to demand they turn over there e-mails and internal documents, these are things we are looking at right now. they've not yet been declared to be fentanyl, there is a legal theory based on state law that
they should be and that is what we are very interested in doing because there is little transparency involved in the entire educational process precisely because state like tennessee you have a requirement every school board member get their training from the tennessee school boards association and only the tennessee school boards association so it should not be surprising you do see uniformity of thought across the school board being trained by the same entity which is itself obscure because of the 5o1c3. the last thing before i turn it over is teacher ethics, you might find these in your coast and when you seek parents outraged about curriculum and they want to do something about it, a lot of times there is a concern to rush into ill advised lawsuit and appreciate about actual like teacher ethics so if you little and isolate students
based on race or back of their parents are married that they are innately privileged, look at a teacher in tennessee, you have to respect the constitutional rights of your students. you cannot suppress the subject matter or intentionally expose the student to embarrassment or discriminate based on the political views i submit that any teacher if they don't have a first amendment right to object, they might have the ethical obligation in certain circumstances. this was to illustrate on the distortion of narratives, there was a teacher in a high school class who essentially argued president trump is a president who support white supremacy and talk us to a classroom and was
subjected to discipline and a headline a tennessee teacher about fight privilege but aspired for it. i dug in deeper and i don't know what is true or not but here is what i can say, he was not fired but the actual obligation he taught the material reading racial slurs in the article and it attributed to the president when they were not and when asked about ethical restrictions about alternative views, he was alleged to have said there are no reputable views on the other side so look at the difference between how it was framed and what he was actually alleged. i don't know what is true or not but he was certainly not fired, that is not the allegation so
that is an appropriate place to land and i will turn over now. >> thanks, braden. [applause] i am pleased to give this unique perspective. transgender affects issue has been a huge deal in the press and media the last couple weeks. she brings a unique perspective to the issue and we saw during the supreme court nominations there was an interesting back and forth between judge brown and senator blackburn about the definition of a woman so i'll leave off by tossing it over to
natasha. >> i believe liberty actually leads and was allowed to say -- thank you for having me here and everyone for your hospitality. i'd like to start off with this exercise, imagine your loving 14-year-old daughter becomes hateful, angry and decides she is a pansexual mail. after traumatic event next time spent on the internet, you take her to mental health professionals to diagnose her with depression and anxiety instead of treating her for the conditions, you accept that she is really your son. at 16 she runs away to bear my services were not calming her by male pronouns in the investigation personal abuse or neglect intense her to counseling so you will accept her as male. an endocrinologist shows her how to shoot up testosterone. at 17 she runs away again.
they change her legal sex records and space bar a hysterectomy and a double mastectomy. she's living in a shelter and has no mental health care, obsessed with medicaid. the real story of her mother here in the u.s. and i met her in 2019 and helped organized between conservative christians during back hearing. i believe and agree with these words, we need not hold to some archetypes from octal occupations boys and girls can aspire to. girls can grow up to be astronauts or truck drivers and boys can grow up to be nurses or ballet dancers. that is a quote from academic resource in 2016, it's become heresy on the left, up why he wants to be a ballet dancer has to deal with being a girl. i am a bisexual, i have read so
many stories. i wasn't a girl who liked dinosaurs, archaeology and "star trek". [laughter] i was lonely and slow, awkward, every story about childhood trans identification i've ever read has been based on sex's archetypes how children are to be seen. a girl is not like to shave her legs, but she likes science and math? doesn't like like, is present his favorite movie? girl, in 2015, progressive politics because i wouldn't support gender identity or legalized prostitution. at that time from gender identity from the left started hearing about children -- [inaudible] child medical transitions gender
activist jeni what's happening to the biden administration demanding it's accepted as a human right. growth was stunted and sterilized as a child on national television as millions of fans cheer themselves for being such good allies. missus have difficult children are cared now. a child in the u.s. can be convinced by their peers by children, adults online and youtube and tik tok videos and any problem they have is a result of gender mismatch. they can diagnose themselves as transgender and take the self-diagnosis to a cooperative clinic and demand life altering formants and surgeries no long-term health consequences. treatment for a licensed practitioner for helping the patient father them, all of society are emotional support humans to affirm patient stress. once gender identity is introduced into a patient's
history, a clinic becomes a dispensary, that's what informed consent means. what other branch of medicine is run this way? the parents their consultant get to choose between mapping provided what happened to their family accused by the child doctors, lots of screaming people on the internet child welfare agencies wanting to see their child in a lesbian couple facing the stress when the daughter came home from summer camp ever since she was a boy and the only audience to change their story was a heritage foundation event. a minor self-diagnosis from gender dysphoria we told everyone who doesn't agree her body is wrong or the personality hates them and wants to hurt them. what other mental health conditions are treated by encouraging to believe everyone who disagrees probably hates them what sort of mental health from of self-diagnosis from everyone around them and insist the government force prescription by law he sees jim
cheap teachers as uncomfortable and the teacher can say anything or he risks his job. product some boys who speak up and hiring authorities. students and teachers identify with girls during overnight camps, parents are not told because it's considered invasion of the privacy of the male students rather than the privacy of their daughters. if a boy exposed himself to a girl at school or snuck into the girls locker room, there were that indecent exposure. we might talk about climate of sexual harassment and intimidation for a hostile environment. a boy and called himself a girl and do the same things and the
media calls him ralph. welcome in front over him and celebrate his indecent behavior. parents who complain are treated as bigots by school boards and process. we can see this in the example of the female collegiate are being expected to put up with demand in front of them before and after competition. the change for swimming is hard to hide anything. collegiate sports have been one of the most important leadership pipelines for women in politics. this is the opportunity by offering patients first to protect sports for girls and women from gender policies. how many girls will skip out on opportunities if they have to face hopeless efforts to compete in matches against the same male
athlete get to watch them change? so also as someone who remember the time when people might use the word queer is a dangerous insult that might come up for a beating, i can speak to the particular dangers for those of us who grew up as members of the lgbtq unity. one thing, it's not that long since we were doomed to be a danger to children. a serious reputational harm for the political organizations came to represent interests and civil rights to become safeguarding threats for children. more urgently, we were all children want. predatory people are as smart as anyone else and evenly disturbed it everywhere and often go after the kids who don't fit in and least likely to be speaking up. the kids are being taught as well by their peers and gender identities in most people murderously despise them keep secrets from the past to protect them from this agreement. they had a hard time fitting in
with peers. now it's mostly feeling crushed under the weight of pressure to be pretty were struggling for other. adults treatment who call themselves lesbian. i hear a lot about story people dismissed. it's hard to thinkf. the kids who struggle in schools probably will have a hard time getting established as young adults and will need their parents but the movement teaches them to alienate their families if their stories don't meet enthusiastic acceptance. i am your mom now they would say to young people and tell to find their with her family. i don't moment stood up on a panel on these issues and she told us she was 19 and arctic taking testosterone five years and had a double mastectomy and said she was realizing she was
lesbian and not a man she transitioned. she broke down when she told us after that she lost all of her friends and number told her she was okay as she was. her party was over in her quitter family moved on. gender identity policies for minor struggling young people who want to make a personal fight against reality into allah we all must live by. please help parents find legal support to show the children, thank you. [applause] >> what are we saying? those of you here with our attorney general for virginia spoke about i mentioned politico today announced the department
of justice in my old division and all state attorney general's defending laws like those in florida, these laws doing what you are talking about in the process violate their view of title nine what we have seen is along the title find issues we are seeing quick movement to the title ix regulations coming out which the washington post wrote recently, the administration panned on this issue. i know in the last set of regulations would primarily focus on due process and sexual harassment allegations they are working on only about one apparently.
but also, they are picking up on the transgender issue, a fairly straightforward term. >> it is true, those of you not aware, under the trump administration, the leadership of secretary devos, we took historic steps published the first ever title nine regulation act codified for the first time and defined sexual harassment as sex discrimination under title nine for 30 plus years. the office for civil rights had always investigated and enforced restrictions on sexual harassment through what were commonly known as holly letters in formal guidance used to
investigate schools. as a result of your colleague letters mother standards of what constituted sexual harassment were ever changing. we embarked on a three plus your process and again finalize title nine regulations that made sexual harassment a form of sex's termination under title nine. one of the primary focuses of the title ix regulations we finalized 2020 focused on due process so under some of the old holly letters particularly obama administration, they encouraged schools to take disciplinary actions even before there was a finding giving rise to these ports. there were several reports of students across the country who have been supplanted defendant,
kicked out of schools before there was ever a finding of probability under title nine. our role focus on making sure there was a fair hearing in short the respondent complaint had access to all evidence in making sure there was no disciplinary penalties given without a hearing without a full investigation setting restrictions on separating the investigator from the decision-maker. the biden administration announced upfront they were going to revisit the title ix regulations finalized in 2020. we are expecting them to pull back on a lot of due process provisions. certainly expecting them especially based on reports this week to focus on clarifying
that, it was a supreme court decision in the title seven space the prohibition of dissemination on the basis of sex included sexual orientation or transgender expect them to apply that in all respects to title ix. the different treatment types of prohibitions accepted under the trump administration but expanding it to apply to all areas of title ix from athletic teams and other intimate facilities but broad application. >> there are comment cards if you want to send questions appear there will be staff to
pick them up. the question we got it plays into what you will see, there is a hard push within the administration right now to redefine terms under title nine to include gender identity and it will issue regulations for attorney general's letter. obviously there has been a huge fight in florida with governor desantis new bill. something i was working for the attorney general talking about various things, which hilty want to die on? why are they picking this hill to die on, the transgender issue? natasha brings up a unique perspective. >> in my opinion, a start
beginning in the obama administration making clear before getting into office he campaigned saying it might peak a fire in any organization whose arctic to do that, their donors would get cold and they could not do that anymore. during that doctor, time magazine cover about the transgender month the following year the obama administration made clear gender identity was like the new official way you how to agree, probably a lot of people on the hill and percussive politics who have not worked with anyone 2015 willing to not confirm men say their women are the most vulnerable and oppressed and valuable people in the world. it is their social bubble you
can't get a job in progressive politics anymore without an article of faith brought in with opposition groups. a founding article, a blm movement to bring in like critical race theory, josh dogs was talking about this on twitter the other day and sounded zip beautifully, he bring in negative self identities that are centered around shame and guilt and then bring in we are theory and you have this colorful menu of queer identities a person can pick that gives them positive self concepts. i would note the white guys who were prominent in the occupy movement began identifying as transgender women the occupy movement, i was at some of the occupy camps, i don't know if you were but -- i kind of doubt
that. [laughter] maybe ringing around the edges. anyway, they decided who got to speak by something called progressive -- you would literally count up how many dimensions of oppression you face and the person with most oppression got to speak in you without down the list like that. if you were a white guy, you probably didn't get to speak too much soap queer theory brings in this wave of guys who were like absolutely at the bottom of the list for getting to speak and they were at the top of the list for getting to speak to this adopt the unchallengeable identity and it doesn't cost anything to implement this so the policy that excites their staff and the people who cheer for them on twitter and i think that is why they are doing it. >> if you talked -- i don't know
if we have any of the people here but if you talk -- i see you over there, certainly -- if i mischaracterize, jump up and recharacterize the position but there's a pretty significant enthusiasm gap between republicans and democrats and there was a great analysis on independence and how independence are moving republican direction. the problem the democrats face, i am just stealing your prizes thunder but and rcc has huge enthusiasm gap here so the democrats, they've got to protect their base. if they protect their face, they take issues like this, they fire up the progressive base but on the other hand it causes albums with the independent voters so
they are boxing themselves and goes back, why did they do it? they have to solidify the base, it is all about enthusiasm so let me get to a couple of questions, thoughts or comments on legislation hosting plans on school websites to determine whether it taught in primary schools. >> i think transparency is just an easy one and it's obvious we are not eager to embrace it. goldwater institute has excellent model transparency legislation i recommend anybody to use as a base but it's a bigger problem than you might suspect. i can tell you having a kid in school having textbooks, everything on an ipad, it is hard to pick up what is they are going to study in school the
next day for the other thing in my home state of tennessee, you have a statutory right to seek curriculum in a federal statutory right as well but the way it institutes, there is one master curriculum in the state and you have to go see it, i don't know why you wouldn't just have it publicized online you must let me give you a closing thought into rights in this. the challenge in this is your questions as well, sex for example is a fluid concept, terms matter, sex and gender, not necessarily think sex is fluid but if that is a fluid
concept, you lose the protection, title nine was passed to protect women because male sports were enhanced and give women the same opportunities. they are losing that protection because you have males moving into that space and limiting the purpose of title ix. for those of you who saw the naacp director in washington who portrayed herself as african-american but it turned out her parents said no, she is white but identifies as african-american if race is a fluid -- if gender is a fluid concept then grace can be a fluid concept, what happens to the protections we put in? what about wb and you are on a
contract designed to protect women? if you can say i am a woman one day and a man the next day, the protections created, all of the protections fall away if the concepts are fluid. the last one i'll use was highly publicized, senator elizabeth warren wrote that she was american indian there is debate whether got hertha harvard position in pennsylvania. ...
you said when you were young you were into dinosaurs in "star trek" i wonder if you consider the possibility you may not be a man but you're an attorney to the cato institute. >> on that note. >> thank you guys. >> thank you wall we appreciate you speaking with us and thank you so much. next up a good ask linda to come up to the podium vice president for judicial affairs and a partner at stanford robinson pllc, you have your forms in your envelope and you could do them online. fill out the evaluations throughout the afternoon and if you catch a photo with
representative turner, twitter handles at the representative lawyer and the hashtags are in no way mpc. good and turn over to you. >> greetings everybody. schapiro was named executive director of the center for the constitution and senior lecturer at a certain educational institution. previously as is well known he was the vice president of the cato institute. director of robert leavy for constitutional studies and publisher of the cato supreme court review. he is the author of supreme disorder judicial nomination in the politics of america's highest court which he will sign after his speech. before joining cato he was a special assistant advisor to the multinational on rule of law
issues. he has testified before congress and state legislatures and filed more than 400 briefs in the supreme court. in 2015 national law journal name 1040 under 40 list of rising stars. you can tell i am from the south. i have to tell you among his other accomplishments which are too numerous to mention he has been an adjunct wall professor at ole ms. and chairman of the board of the mississippi justice institute previous practice was to farms, and before entering private practice he clerked for judge e, grady jolley of the fifth circuit court of appeals. he holds his 80 for president and mst from the london school of economics and his jd from the
university of chicago law school where he was a tony patino follow. please join me in extended a warm rn l.a. welcome. [applause] >> ticket for the introduction. it's good to be with you all although it's on not to have protesters here. you are much too polite. actually i should say i've done a lot of public speaking in my career probably more than 1000 events all told. the mishap a month ago march 1 and april 1, i'm not a joke soul time but it was at uc hastings the first time i'd ever been protested. it was a complete shutdown. you can read about that in the wall street journal but is
indicative of a larger problem. not just on campus and outlaw schools. we are increasingly unable as society and a nation to debate controversial issues. your political opponent is simply evil in the nonstarter with the window of acceptable discourse has narrowed so we cannot talk to each other. the manifest is conservatives are not welcome because the left-wing institutions but as the country as a whole is a broader dynamic that is a big issue and beyond the scope of my presentation on the supreme court but the supreme court is not immune to that. in the middle of a confirmation
fight. one more symptom of the larger problem that we face about the inability to have civil discourse. 60 years ago march 1962 when justice charles evan whitaker resigned from the supreme court after a nervous breakdown. jfk had his first opportunity to fill a seat. things went different than they do now he picked byron white was on a scholarship in london after being runner-up for the heisman trophy for the nfl. white was dominated april 360 years ago. 1962. eight days later he had his hearing it took 90 minutes will question about the story football career. surely we will have another justice who played pro sports while attending yale law school for the senate judiciary
committee confirmed unanimously and later that day so to the senate as a whole on a voice vote. a little different than brett kavanaugh hearings. he was picked because he was thought to be part of the mainstream. a safe pick certain others on the shortlist embedded numerous times. many on the right worried and still worry he is to cagey like john roberts rather than scalia or clarence thomas but we still got what we got even before the 11th hour sexual assault allegations we had contentiousness remember cory booker spartacus, that was before the sex assault and gang rape allegations. crazy stuff kavanaugh is a severe campaign against robert work. senate democrats warned he would
face that conflict if he nominated him even though scalia was unanimously the year before things change from 86 - 87. c-span importantly 87 coincidentally was was c-span with a full license to broadcast the senate and that's why the hearings were the very first ones to be broadcast gavel to gamble. the very day that reagan did nevertheless announced his pick ted kennedy went to the senate to announce the america which is facing a horrible parade and it went downhill from there with the brusque. not quite ready for tv failed to adopt a common strategy of talking a lot without saying anything. a few days later ruth bader ginsburg would pattern that into a printer movement you cannot
talk about specifics they may come before the court but you cannot talk with general principles because a judge can deal specifics only. the confirmation process he was always like this we did not have hearings until 1960 which was a tumultuous year the first jewish nominee louis brandeis was attacked for being a crusading preset under progressive but that was seen as unseemly for the nominee to appear before the senate we had four months of this he was confirmed but then another justice resigned to run against woodward wilson. think 2016 or 2020 was the height of the intersection of the presidential politics and the supreme court i will see those and raise them to 1960. while the confirmation process was not always spectacle that it is today. nominations to the high court were often contentious political struggles for the first century
confirmation battle rejected withdrawing nominees those on which the senate failed to act were fairly common merrick garland was non- president george washington himself out of nominee rejected soda james madison john quincy adams after declining a nomination it was not uncommon for people to decline even after being confirmed on the communication and if you have prominent legal practice in boston or on the prestigious pennsylvania supreme court why would you give that up to move to the swamp and work in the senate basement. john quincy adams had loftier ambitions but he had a nominee postponed indefinitely euphemism. andrew jackson had a nominee within a change in the midterm election and the change in the center proposition and allowed roger tommy to be confirmed. john tyler how many remember john tyler.
an accident of history he was called his accident c. he assumed and was put on the ticket to valentina no basis of either party but william harrison died after month catching ammonia at the blizzard in march and john tyler made nominations several times for the same person before having one person confirmed. most 1970 presidents had trouble. then after he was rejected douglas withdrew for smoking
marijuana with his law students. i called ginsberg the last public casualty of the drug war. what the career has suffered for revelations of drug use in the last 35 years. then of course merrick garland the first nomination that the senate allowed to expire since 1881. the last time the senate controlled by the party office of the president confirm someone to a vacancy that arose during the presidential election year was 1888 previous not statistically sort of thing to discuss. as mcconnell is gamble no hearings no vote worked. not only will vulnerable republican senators running for reelection, reelected but the vacancy held the republicans together and provided key margin for donald trump in several swing states.
trump awarded his coalition with the nomination of neil gorsuch but he was only confirm after the senate voted on the party line to exercise a nuclear option given to the filibuster. it's a thermonuclear option. four years earlier harry reid had nuked the filibuster for lower court nominees. more significantly the democrats give up any leverage that they had over future more significant vacancies. moderate republicans would not have gone for a nuclear option to see kavanaugh and place of community but they did not face a dilemma they did not face it again in 2021 donald trump had the opportunity to replace justice ginsburg and bigger shifts. given the battles that we saw over grotius, capital and ketanji brown jackson retributive people to get the justice and part of in terms of the solid good thing or healthy thing it is not healthy for
differentiating law from politics. but it is not a surprise when we have a very powerful court over the decades has drawn more power in washington has drawn more power in the judiciary. with contrasting methods of interpretation that track party identification when the party is illogically sorted since the civil war if not ever. of course he vacancy is going to be politically thought. why is there always focus on one office ukraine is in the news all the time these days. the nomination of judge jackson seemed like a friday afternoon news dump. this a two state lincoln is all over the news as well and if he died or resigned, that would be a big deal but there's no question that slot would be filled with appropriate credentials were nominated.
executive appointments expire at the end of a presidency while judicial nominations are for life. the good tickets beyond the president has few constitutional power in the domestic more important than appointing judges pre-justice coolio served 30 years on the high court as president reagan legal policy bridge to the 21st century same thing for justice ginsburg and president clinton paid in 2016 a big ruling on nonprofit donor disclosure an issue near and dear to all of our hearts by a federal district judge in california he was appointed by lyndon johnson pretty give this talk to law students. mice will be injured johnson. decades later still kicking. we always argue that judicial nominations need to be at the forefront of voters minds when the pick of the presidents and the senators. in 2016 the supreme court was on
the ballot that goes just or much from the lower courts with 50000 cases annually even at the supreme court would lessen less. even politics part of the process and even if more justices were rejected in the nation's first century than the second read we still feel that the confirmation hearings are the only time that judges go to toe with politicians and that is different with president tyler's nominee. is all about tv and twitter, the 24 hour media cycle and the viral video? is it the legal issues be more ideologically divisive? note to any of that through the process has not changed beyond the framers recognition political rhetoric was nasty in 1822 as it is in 2022. even the novel filibuster is
anything but all the parts of the current system that we don't like are symptoms of a larger phenomenon. as government has grown, so of the laws that courts interpret and ever moreover lives. the brinksmanship is symptomatic of a larger problem that began long before kavanaugh, garland or thomas that is a courts self corruption aided in abetting the expansion of federal power in shifting the power away from the people's representatives in towards executive branch of ministry of agencies. the course also called upon to decide by a one-vote margin massive social controversies. the judiciary public policy with an average it. those decisions turned on the party of the president dominating the judge or the justice. the courts of the play more of a role in the political process, of course the nomination and confirmation as is going to be more politically fraught with
partisan consideration. the rotating cast of lower court judges and setting new rules. i'm happy to discuss these in q&a or afterwards or in private but all the reform talk will center rearranging on the titanic. this titanic is not the appointment process but the ship of state pre-the fundamental problem that we face is not politicalization of the process but the product the only way confirmations will be detoxified in the only way we stop talking about obama judges and trump judges which is not a healthy way to talk about the role of law is for the court to read a
store the constitutional order by returning a mass federal power by forcing congress to legislate rather than letting rules govern us. make the court less important make it seem less important in the fight will diminish by themselves but that is not an easy solution or an overnight solution. i have no illusions about that but that is where we are it's not about the debates of activism and restraints. judicial activism is a term that means i don't like that opinion or that judge everyone using it with no substantive meaning. it's artificial to debate that judge sits on his hands too much or not enough let's talk about the theory what is your interpretation of the commerce clause the second amendment the equal protection.
that's debate judicial philosophy. that's essential part of this whole endeavor. that is as long as we accept the judicial review and have the judiciary is supposed to ensure the government secures and protects her liberties without it is beyond me. we should only be concerned that the court gets it right regardless if that means overturning or upholding the law. to paraphrase john robertson's confirmation hearing. the little guy should win when he's in the right in the big corporation should win when he's in the right. the dividing line is not between activism and restraint but legitimate judging and illegitimate imperialism. the judicial debates we seen in the last few decades were never really about the nominees themselves. calls for court packing are not about good government. there about the direction of the court that is why progressive forces pull out all the stops
against the nominees who would limit federal power. all of them in modern times have revolved republican nominees the one exception did not involve any personal attacks but the rare case of an election year vacancy arising under divided government merrick garland would've been confirmed if justice coolio passing year earlier. in the statistics the divided versus united government get to most of the way. historically when the senate is controlled by the same party of the president confirmation rate is 90%. when it is divided confirmation is 60%. the rest of the way is timing the first three years of the presidential term nominees are confirmed 80% of the time the
fourth election is barely above 50%. knowing the statistics and nothing else about any political situation you would've expected what happened in 2016 to garland in 2022 barrett to occur. if nominations were depoliticize that would be politicized in exercise of the judicial power. the term limits would take an amendment and everything else does not fix the problem calling for reform tend to identify the legitimacy of the court really clever academic proposal. i criticize academic proposals. i'm not allowed into the faculty lounge to have a court of 15 members. five of whom reported bike republicans and five democrat and the other by the approval of the first ten. how you depoliticize an institution by fixing a partisan label. again maybe when i'm allowed on the campus i'll figure that out.
any event we cannot wave a magic wand and go back with the issues that we face of the country and the political dynamic are all different. there's never been such a time. the only lasting solution is to go back to the founders constitution by rebalancing the devolving power. depoliticize seated tony down confirmation are all goals will boldly happen when judges go back to judging and bend it backwards to ratify the successes of the political branches. the judiciary needs to hold the politicians and bureaucrats feet to the constitutional fire by rejecting block enter broad legislation of constitutional weren't curbing executive agency overreach and putting the ball back in congress is court. it is bizarre there's more protest in front of the supreme court than in front of congress. were supposed to hash out our differences in our elected
legislature not the balls and strikes folks. separation of power and drive political theory there are means of protecting their freedom federals 51 how do you empower the government to do what he needs to do to allow people to pursue life, pursuit of happiness while forcing internal controls. ultimately judicial power is not a means to an end budget enforcement mechanism that is meant just as much to curtail the success of democracy as to empower the exercise. in a country ruled by law and not men the only appropriate response is unpopular judicial decision is to change the law or amend the constitution. any other judicial obligation and the loss of the rights and liberties of the judicial process to vindicate pre-door to
government and as justice scalia said why would we pick nine lawyers for that job. >> the reason we have the heated core values for the federal government is making too many decisions at a national level for a large diverse pluralistic society. there is no reason they needs to be a one-size-fits-all healthcare system than the zoning rules be the same in every city. what federal legislatures make the hard call about national issues like defense or interstate commerce. let's states and localities make the most rules with our daily lives like california be california and texas be texas. that is only way the organ to diffuse tensions in washington. whether in the halls of congress or in the marble palace of the highest court in the land. thank you very much i'm happy to
answer or dodge what questions you might have. [applause] >> professor my name is james sullivan and emma georgetown alum i'm very proud of you for fighting for your right to speak freely. were all cheering to win the battle. my question is do you think the supreme court makeup will tackle the deference issue as an way of redirecting the making of the laws to the congress and the executive branch. >> there are a couple of cases on the docket. this term how much of an appetite the court has. in general court majority not just speculatively but written in various opinions both on the
supreme court and lower court about the need of raining and whether that is different doctrines or the nondelegation. also subways justice court should announced for all pressures where they have the legation but it works in other ways to push back on congress. the west virginia versus eta in american hospital association. we will see indications there. the court could do what he did in the last case of re-examining our difference when agencies reinterpret their own regulations for the court did not throughout the doctrine and the majority of the opinion by justice kagan completely rewrote it heightened and putting with the standard judges are supposed
to apply. justice gorges said we should throw it altogether. then a curious thing happened roberts in a concurrence joining kagan and judgment in kavanaugh in a separate dissent agreeing with corsets but they wrote there's not much daylight between kagan's rewriting and gore shoots throwing it out. we'll see what happens in practice will get pure wood old data with how it treats those questions but something similar might be happening with the chevron doctor, i don't know with those of the two cases to watch this term and if movement does not start now i guess your question is no but we will see something. >> i'm over here. >> my name is thomas i'm a practice attorney. i enjoyed your talk have a question or concern.
i'm curious how we will restore. i will not call it a regionalism but restore republican virtue when the other side especially people supporting, 50% of the country seems uninterested in equal application of the law. how am i supposed to put my faith in something like congress or the supreme court when people on one side of the aisle are treated differently than the other side and i don't want to go to the ways of how much true but the january 6 incarceration and other things of that within the last few years with the riots. how do we move forward from here i'm not particular confident in america's institutional government. >> i don't know about republican virtue, simple constitutional lawyer some things i leave to the physician and the biologist.
there are green shoots for good signs. judge jackson at her confirmation described a regionalism as the dominant method she said justice scalia one. she did not need to say that she had 50 votes in the bag but she did. there is a feeling to gain legitimacy you have to observe the norm of pain lipservice because that's what people want. surveys show the first survey 2014. >> 2008 with a neutral description of constitutionalism and the free-form justice seeking or what have you read is
not even close a regionalism if you post on public opinion polls that is the way the people think judges should go about their jobs. similarly you mentioned people don't want the law applied equally. when president biden said he was going to be appointed a black woman which is the root but it turns out 76% of the american people agreed with me and said that's improper to restrict a pool of candidates for higher in any office based on race and gender. that is the abc news poll. i think the american people get it in various contexts but our politics is confused by different things in most people
are not activists or extremists of any sort left, right or otherwise to just trying to go about their jobs. you all had a good piece in the new york times of all places and surprises let him publish. he said to minority parties and neither party learned his lesson after losing the election. they think each time. when biden said he was elected after year. no he was elected not to be donald trump which he fulfilled on his first day and always overreaching and were in that time of swinging back and forth and people being upset and any power of time i don't know where we end up with all of this. i think there is a virtue in the people and it gets mucked up with a lot of other things but as far as judges are concerned.
the judiciary and the younger judges in the trump administration put on the bench and those are good things. i tried to look to paraphrase justice kavanaugh. >> thank you so much a token of our appreciation. >> i need to be trendy. >> thank you. [applause] >> organ exit this room shortly and eliot's gonna step outside and do signings of his book you can purchase on outside take your belongings, purses, laptops we need to clear the cells of the contorted over for the lunch we will be back at noon. thank you.
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>> the money was to be loaned out in small increments with low interest rates to tradesmen who wanted to start their businesses. sunday on q&a the university of pittsburgh professor michael meyer author benjamin franklin's last bet talks about the micro lending scheme and assesses its legacy. >> in the well he says is my opinion that apprentices make good citizens. he made a point of saying early on in order for a republic to survive we need people who have the ear to the ground and understand the effects of policy at the grassroots level of taxation, legislation, tradespeople circulate in the community and they interact with people of different classes in different creed and different origins on a daily basis. these are the people that we want our government representing
us. >> michael myers with his book benjamin franklin last bet sunday night at 8:00 p.m. eastern on c-span q&a you can listen to q&a and all of our podcast are free c-span now at. >> arkansas republican senator tom cotton spoke at the republican national lawyers association with the animal conference in the washington area creed following his remarks the association presented him with the award named for president reagan attorney general >> thank you all very much, thank you for the kind introduction and thank you for the warm welcome. it is great to be back at the republican lawye