Act NOW to Reject Rao: A Former Student’s Take on the D.C. Circuit Nominee
I entered George Mason University School of Law in the Fall of 2015 knowing full well that I had accepted a place at one of the most conservative law schools in the country. (Please note that this was prior to the embarrassing ASS Law fiasco and that my degree, quite fortunately, bears no reference to the late Justice Antonin Scalia.) Still, the small class sizes, impressive legal writing program, and relatively low tuition won me over. I also recognized that I would be surrounded by students and taught by faculty with whom I fundamentally disagreed. Neomi Rao was no exception.
Constitutional Law is a staple of the traditional law school curriculum. I sat in the second row, “Keep Abortion Legal” and “I ♡ Pro-Choice Voters” stickers plastered across the front of my laptop. I knew very little about Professor Rao, aside from the fact that she had reduced a classmate to tears in the previous semester and that someone on Rate My Professors described her as a “[b]rilliant mind, no patience for stupidity, kinda angry.” I would learn firsthand about the tenacious cold calls for which she was notorious; Professor Rao had a knack for focusing her attention on one particular student for an extended period of time, withstanding long periods of silence as my peers attempted to gather their thoughts and answer question after question. I still laugh when I think about the time she allowed a student to drone on for ten minutes about the FTC — the case was about a completely different agency — before he admitted that he had no idea what he was talking about. “Well, that’s apparent,” she responded, voice heavy with annoyance, before moving on to her next victim.
It soon became clear that Professor Rao had dedicated her career to dismantling the administrative state and was effectively grooming several of my classmates to follow in her footsteps. In fact, if I recall correctly — I prefer to block out memories of law school exams — one of our final essays focused on exactly that: getting rid of regulations meant to protect American citizens, especially those most vulnerable. It came as no surprise when President Trump selected my former professor to lead OIRA, advancing his mission to reduce regulations and control regulatory costs. During her time in the administration, Rao has been involved in blocking a rule meant to stop pay discrimination, in significantly weakening Title IX protections for sexual assault survivors on college campuses, and in allowing medical providers to use “religious objections” to refuse to treat patients. These actions — and many others — prove that the extremist, victim-blaming rhetoric of Rao’s college years continues to shape her views today,
As a former student, witnessing Rao’s nomination process as she attempts to fill Justice Kavanaugh’s seat on the D.C. Circuit has been surreal. Admittedly, it was extremely satisfying to watch someone I once viewed as an authority figure, someone on whom a portion of my coveted law school GPA depended, being grilled by a former prosecutor. But it’s important to remember exactly what is at stake should Rao be confirmed. The D.C. Circuit is widely considered the nation’s second most important court and is solely responsible for reviewing the decisions of government agencies. The court — often seen as a stepping stone to SCOTUS — also handles cases touching on the division of power amongst the three branches of the federal government. Based on her writings, her record at OIRA, and her utter lack of judicial or litigation experience, Neomi Rao simply has no place on the D.C. Circuit.
The National Council of Jewish Women (NCJW) — where I work as a Legislative Associate — is a leading voice in the progressive community’s fight to ensure a fair and independent judiciary with an unwavering commitment to constitutional rights. We need judges who will uphold reproductive rights, voting rights, LGBTQ rights, civil rights, rights of communities of color, and all of the essential liberties enshrined in our nation’s founding documents. What we most certainly do not need is Neomi Rao.
