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Repugnance watch: Dwarf tossing and the DC Circuit Court of Appeals

When I first wrote about repugnant transactions in Roth (2007), dwarf tossing was among the examples I used.  Many blog posts on the subject later, it was with a sense of recognition that I read the following story from Mother Jones about President Trump's latest nomination to the federal appellate courts:

Trump’s Nominee to Replace Kavanaugh Is a Staunch Defender of Dwarf-Tossing
Neomi Rao is best known as Trump’s anti-regulation czar, but she’s a veteran of the culture wars.

"Neomi Rao, Trump’s nominee to replace Brett Kavanaugh on the powerful DC Circuit, who has written at least two law review articles and a blog post in which she defended dwarf-tossing.

"Especially popular in Florida bars, dwarf-tossing is the strange spectacle in which competitors throw Velcro-clad little people at a wall or mattress like a shotput. The longest toss wins. The sport has been banned in some American states and parts of France, where a judge upheld such bansbecause of “considerations of human dignity.” Rao considers these laws an affront to individual liberty that fails to recognize the right of the dwarf to be tossed. In one article, she wrote that the decision in France upholding the dwarf-tossing ban was an example of “dignity as coercion” and that it “demonstrates how concepts of dignity can be used to coerce individuals by forcing upon them a particular understanding of dignity.”

"Dwarf-tossing is an odd cause for a federal judicial nominee to champion. Even weirder, Rao has invoked it repeatedly in her writing to make the case that a misguided focus on human dignity is leading US courts to run afoul of the Constitution in decisions that advance LGBT rights and racial equality. "

HT: Kim Krawiec

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