. . .
K “I cannot attend the Supreme Court oral argument tomorrow. Life intrudes.”
J “They should be able to handle it alone. The issue can be resolved with clear thinking and sensitive intuition.”
. . .
J “The DEI movement was problematic and often unfairly discriminatory in practice. However, the wholesale attack and dismantling of the programs is too wrenching. Public and private programs must provide for everyone’s participation in society.”
K “Trump’s broad attacks on LGBTQ+ concerns are too sweeping. Someone needs to find the reasonable common ground.”
J “Americans of all stripes believe they can repudiate both physics and biology when reality is inconvenient or intrusive. Trump and I – imagine that – and you – imagine that – accept biology and recognize that biological men and biological women are different when they walk out on the playing field, the pitch, the diamond, and the court. Some courts try to repudiate this reality when biology needs to be understood and accommodated.”
. . .
K “Someone said the dispute is a tempest in a tea pot because it only impacts a few athletes. From a doctrinal perspective, if it only violates one person’s constitutional rights, the courts must find and strike down the violation. However, we as a society cannot disregard the devastating and dispiriting impact on so many girls and women.”
J “Girls and women are subject to constant and incessant violence everywhere they go all the time throughout their lives. They need some haven and refuge. When they are on the handball haven or the rugby refuge, there is equal opportunity. They confront a level playing field and a level pitch and a level diamond and a level court.”
. . .
K “I suggested a compromise, although the world of law nourishes the delusion that there are only principles not compromises. The ten or so individuals who cannot participate in girl’s and women’s sports must ‘take one for the team’ as they say. The public perception and reception of those who share their same challenge in this life would be much more positive.”
J “Asking or directing a transgender person to sit on the bench will not sit well. While allegedly aspiring to greatness and broad thinking, the law in practice is often myopic and narrow minded.”
. . .
K “This is another fomented dispute between those with the burning torches and those with the pitch forks. Those in power are keen to keep the folks with the burning torches turning on the folks with the pitch forks.”
J “Or to keep the folks with the pitch forks turning on the folks with the burning torches. We turned on each other long ago.”
K “Absent clear thinking, this is another turn for the worse.”
. . .
[See the e-commentary at Boys v. Boys; Girls v. Girls. No Foolin’. (April 3, 2023).]
Bumper sticker of the week:
Let reason and good sense prevail
e-commentary 