A recent TikTok video has gone viral, spotlighting the highly controversial views of Neomi Rao, a circuit appeals judge appointed by Donald Trump. The 45-year-old, who currently serves as the administrator of the White House Office of Information and Regulatory Affairs, previously worked for George W. Bush’s administration, has faced criticism for years now over her incredibly problematic opinions on the highly deplorable act of dwarf tossing.

The video, originating from the account Dwarfism History, revisits past comments made by Rao, who was selected in 2019 to replace Supreme Court Justice Brett Kavanaugh. Yes, you heard that right.

Dwarfism History is a TikTok channel hosted by creator Aubrey Smalls. In a video titled “should I run for president,” Smalls critiques Rao’s past remarks from the perspective of someone with dwarfism. Rao was allegedly first called out about these opinions in a 2011 law review when disability rights activist Rebecca Cokley criticised the legal scholar for opposing bans on dwarf tossing.

“One of the people Donald Trump appointed is a huge supporter of Dwarf Throwing?” Smalls said incredulously. “I mean she has literally written articles and on multiple occasions defended people’s right to throw a dwarf. She watched Wolf of Wall Street and said, ‘I know what my next project is’.”

https://www.tiktok.com/@dwarfismhistory/video/7389793618128571691

Smalls goes on to explain the serious consequences of dwarf throwing: “People have died from dwarf throwing, mind you, people who weren’t even participating.” The TikToker shares the story of Martin Henderson, an actor who was randomly picked up and thrown outside a pub, resulting in paralysis. Henderson had the misfortune of being near a “dwarf tossing” event during the Rugby World Cup in New Zealand. Peter Dinklage highlighted Henderson’s story when he won the Golden Globe for Best Supporting Actor in 2012. Henderson passed away in 2016.

Smalls argues that mainstream portrayals of dwarf throwing normalise it and reduce acting opportunities for little people. “And then you have cuckoo for cocoa puffs” like Rao writing articles in favour of it, Smalls said. The creator ends the video by calling for support to ban dwarf tossing in his state, noting that such bans are currently decided on a state-by-state basis.

During her confirmation hearing, Rao defended her stance, arguing that banning dwarf-tossing denies little people the ability to work and support themselves. When questioned by Senator Mazie Hirono of Hawaii, Rao claimed she was merely “pointing out” the issue and didn’t “take a position one way or another.” However, Hirono responded with, “I think your article has been interpreted as that you were ok with dwarf-tossing.” Rao’s position on this issue alone raises concerns, but her past writings have also been controversial.

Since her nomination, several opinion pieces written by Rao during her time at Yale College have resurfaced. In these writings, the scholar criticises affirmative action and discusses race, date rape, and LGBTQIA+ rights.

As reported by The Independent, in an October 1994 column for the Yale Herald titled Shades of Gray, Rao stated: “Unless someone made her drinks undetectably strong or forced them down her throat, a woman, like a man, decides when and how much to drink. And if she drinks to the point where she can no longer choose, well, getting to that point was part of her choice.” Rao later tried to clarify at the hearing, calling her statements “common sense observations” and expressing regret for any implication of victim-blaming.

Rao’s discriminatory views extend beyond this. She has described homosexuality as a “correctable behaviour” and “immoral, unnatural, and contrary to religious doctrine,” and has disparaged Black people, using the term “Oreo.”

Despite these controversial views, Rao holds one of the most powerful judicial positions in the country. While judges are expected to be objective, judicial appointments, especially in the current political climate, are inherently political. Rao’s loyalty to Trump and her controversial positions underscore this reality.