Trump Judge’s Controversial Dwarf-Throwing Comments Resurface in Viral TikTok Video

Controversial comments made by a Trump-appointed judge about dwarf throwing have resurfaced in a viral TikTok video.

Neomi Rao, who was appointed by former President Donald Trump to replace Brett Kavanaugh on the D.C. Circuit Court of Appeals, has defended the practice, arguing that banning it infringes on the individual’s dignity and right to make personal choices. Rao’s views were the subject of a viral video posted on TikTok earlier in July by the account Dwarfism History, which is dedicated to educating people on dwarfism and advocating on political issues.

The Context

Rao is a prominent legal scholar and judge who has served on the U.S. Court of Appeals for the D.C. Circuit since 2019, following Kavanaugh’s ascension to the Supreme Court. Prior to her judicial appointment, Rao was the Administrator of the Office of Information and Regulatory Affairs (OIRA), where she played a significant role in overseeing federal regulations in the Trump administration. Rao is known for her strong views on administrative law and regulatory policy, emphasizing individual rights and economic liberties.

Rao’s views on dwarf throwing were condemned at the time by groups such as the Little People of America, whose president and advocacy director wrote to the Senate Judiciary Committee urging them to block her nomination.

“We vehemently disagree with Ms. Rao’s view that banning dwarf tossing negates
individual’s[sic] dignity,” the letter said. “A ban on dwarf tossing event[sic] significantly
reduces the risk of inevitable bodily harm to the person being tossed. We strongly support our community in having individual choice in every aspect of their lives and we advocate for equal employment opportunities so that our community need not be constrained to earning a living by being the recipient of a dehumanizing and injurious activity.”

Dwarf throwing, also known as dwarf tossing, is a controversial activity in which individuals with dwarfism are voluntarily thrown by participants, typically onto padded surfaces or against Velcro walls. Participants often wear protective gear during the event. The practice is commonly held in bars or clubs and is considered a form of entertainment.

Rebecca Cokley, executive director of the National Council on Disability during the Obama administration, called dwarf throwing a hate crime.

What We Know

In the video, which on TikTok has garnered over 900,000 views, Aubrey Smalls, who is a little person, said, “One of the people Donald Trump appointed is a huge supporter of dwarf throwing.”

He states that, “She has literally written articles and on multiple occasions defended peoples right to throw a dwarf.”

Smalls then goes on to explain that people have died as a result of dwarf throwing.

This includes the actor Martin Henderson, who was out celebrating his 37^th birthday when he was thrown by a rugby fan in a bar. He later died of his injuries, according to a report from the Metro.

Smalls also shared that in his personal experience as a little person, he experiences people trying to pick him up in public without his consent.

Smalls also shared the video to his Instagram, where he accompanied the video with the following caption: “This “sport” is not only morally wrong, regardless of consent or lack of, but people with dwarfism have been asking for way more from our governments.”

He continued that, “We are literally begging for systems of ableism to be broken so we can finally participate in society on an equal level. It would not be that hard if we didn’t have people like Naomi Rao actively working against us.”

Newsweek has reached out to Rao through the District of Colombia Court for comment.

Smalls went on to state that, “doctors who specialize in achondroplasia, the most common form of dwarfism, have spoken out about the complications that have occurred because of dwarf tossing events.”

“The spinal cords of people with achondroplasia have less wiggle room through the spinal column. They are at a higher risk of breaking which could cause paralysis or death.”

Smalls shared a link to his petition to get dwarf throwing banned in Arizona. The practice is banned in Florida and New York, and there have been efforts to get it banned in Washington state as well.

Newsweek reached out to Smalls via Instagram for comment.

What Has Rao said About Dwarf Throwing?

In a 2011 article shared on The Volokh Conspiracy website, titled “Substantive Dignity-Dwarf-throwing, Burqa Bans and Welfare Rights,” Rao highlighted a French case involving Manuel Wackenheim, a little person, who “made his living by allowing himself to be thrown for sport” and who sued authorities for banning the practice of dwarf throwing “on the grounds that they interfered with his economic liberty and right to earn a living.”

“The case went to the Conseil d’Etat (the supreme administrative court), which upheld the bans on the grounds that dwarf throwing affronted human dignity, which was part of the “public order” controlled by the municipal police,” Rao wrote.

“The Wackenheim case demonstrates how a substantive understanding of dignity can be used to coerce individuals by forcing upon them a particular understanding of dignity irrespective of their individual choices.”

Rao continued that “The issue is not whether laws prohibiting dwarf throwing, burqa wearing, prostitution, or pornography may be desirable social policy. Rather these examples demonstrate that the conception of dignity used to defend such policies is not that of human agency and freedom of choice, but rather represents a particular moral view of what dignity requires.”

Rao’s Other Controversial Views

Rao has also penned numerous articles that have been criticized for their insensitivity towards survivors of sexual assault. In an article titled “Shades of Gray,” Rao wrote, “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 has since apologized for her remarks about sexual assault. In a letter published by the National Women’s Law Center, this too was criticized, as they wrote: “Rao is apologizing for her past remarks; yet, Rao has taken several steps as head of Trump’s OIRA that still reflect these extreme and harmful beliefs. We are not fooled by her claims of evolved thinking.”

The Alliance For Justice described Rao’s writings as, “appalling,” and wrote that, ” Rao has shown exceptional hostility to the rights of women, LGBTQ Americans, workers, consumers, people of color, people with disabilities, and the environment, while aligning herself with the interests of the wealthy and powerful.”

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