Kennedy: An Employment Case Or In A Housing Case? A: I Actually Don’t Know The Answer

Sen. John Kennedy (R-La.) methodically exposed significant gaps in the legal knowledge of a Biden administration nominee for Assistant Secretary of Fair Housing and Equal Opportunity at HUD during an April 2023 confirmation hearing, asking fundamental questions about the landmark Bostock Supreme Court decision that the nominee couldn’t answer. The nominee admitted “I don’t have a ton of experience with title seven” and conceded she didn’t know whether Bostock was an employment or housing case — revealing foundational knowledge gaps in the civil rights law she would be charged with enforcing.

The HUD Nomination

Assistant Secretary: Assistant Secretary for Fair Housing.
Equal Opportunity: Equal Opportunity focus.
Civil rights role: Civil rights role.
Statutory responsibility: Statutory responsibility.
Enforcement authority: Enforcement authority.

The Bostock Knowledge Gap

Supreme Court case: Supreme Court case reference.
Bostock v. Clayton: Bostock v. Clayton County.
Landmark decision: Landmark decision.
Title VII application: Title VII application.
LGBTQ protections: LGBTQ protections.

Kennedy’s Methodical Approach

Progressive questioning: Progressive questioning.
Specific details: Specific legal details.
Foundational knowledge: Foundational knowledge test.
Basic concepts: Basic concepts.
Systematic exposure: Systematic exposure.

The Title VII Knowledge

Title VII framework: Title VII framework.
Employment discrimination: Employment discrimination law.
Protected classes: Protected classes.
Statutory structure: Statutory structure.
Basic knowledge: Basic knowledge expected.

The Nominee’s Admissions

“Don’t have a ton”: “Don’t have a ton of experience with title seven.”
“Don’t know the answer”: “I actually don’t know the answer.”
“Not a lawyer”: “I’m not a lawyer senator.”
Professional gaps: Professional knowledge gaps.
Candid admissions: Candid admissions.

The Bostock Case Specifics

Employment case: Employment case clearly.
Title VII: Title VII specifically.
Sexual orientation: Sexual orientation protection.
Gender identity: Gender identity protection.
2020 decision: 2020 Supreme Court decision.

The Protected Classes

Housing vs. employment: Housing vs. employment.
Fair Housing Act: Fair Housing Act classes.
Title VII classes: Title VII classes.
Overlap and difference: Overlap and difference.
Legal distinction: Legal distinction.

The HUD Interpretation

Departmental interpretation: Departmental interpretation.
Bostock application: Bostock application.
Housing context: Housing context.
Regulatory reach: Regulatory reach.
Enforcement application: Enforcement application.

The Confirmation Process

Senate committee: Senate committee.
Qualification standards: Qualification standards.
Legal expertise: Legal expertise expectations.
Administrative experience: Administrative experience.
Political vetting: Political vetting.

Kennedy’s Style

Systematic approach: Systematic approach.
Polite questioning: Polite questioning.
Damaging results: Damaging results.
Professional demeanor: Professional demeanor.
Effective technique: Effective technique.

The Nominee Knowledge

Policy vs. legal: Policy vs. legal knowledge.
Administrative vs. judicial: Administrative vs. judicial.
Practical experience: Practical experience.
Theoretical foundation: Theoretical foundation.
Professional preparation: Professional preparation.

The “Not a Lawyer” Defense

Non-attorney nominee: Non-attorney nominee.
Legal background: Legal background gap.
Administrative role: Administrative role defense.
Policy expertise: Policy expertise claim.
Legal advisory: Legal advisory assistance.

The Administration Strategy

Political appointments: Political appointments.
Diverse backgrounds: Diverse backgrounds.
Subject matter expertise: Subject matter expertise.
Political priorities: Political priorities.
Confirmation calculus: Confirmation calculus.

The Title VII Background

Civil Rights Act: Civil Rights Act of 1964.
Employment protection: Employment protection.
Major expansion: Major expansion authority.
Enforcement: Enforcement history.
Key precedents: Key precedents.

The HUD Mission

Housing discrimination: Housing discrimination enforcement.
Fair Housing Act: Fair Housing Act of 1968.
Administrative authority: Administrative authority.
Policy development: Policy development.
Investigation capacity: Investigation capacity.

The Legal Framework

Statutory interpretation: Statutory interpretation.
Judicial precedent: Judicial precedent.
Administrative deference: Administrative deference.
Regulatory authority: Regulatory authority.
Enforcement discretion: Enforcement discretion.

The Confirmation Implications

Nomination damage: Nomination damage.
Senate dynamics: Senate dynamics.
Qualifications debate: Qualifications debate.
Political considerations: Political considerations.
Future processes: Future processes.

The Political Dynamics

Republican opposition: Republican opposition.
Democratic defense: Democratic defense.
Caucus positioning: Caucus positioning.
Media coverage: Media coverage.
Public perception: Public perception.

The Legal Knowledge Standards

Expert expectations: Expert expectations.
Role requirements: Role requirements.
Professional preparation: Professional preparation.
Institutional competence: Institutional competence.
Historical norms: Historical norms.

The Civil Rights Context

Civil rights evolution: Civil rights evolution.
Protection expansion: Protection expansion.
LGBTQ issues: LGBTQ issues.
Housing discrimination: Housing discrimination.
Equal opportunity: Equal opportunity.

Key Takeaways

Sen. Kennedy exposed significant legal knowledge gaps in HUD nominee during confirmation hearing.
The nominee admitted she didn’t have much Title VII experience.
She couldn’t identify whether Bostock was an employment or housing case.
The nominee conceded “I’m not a lawyer senator.”
Bostock is a landmark 2020 Supreme Court case about Title VII LGBTQ employment protections.
The exchange raised serious questions about qualifications for civil rights enforcement role.

Transcript Highlights

The following quotations are drawn from an AI-generated Whisper transcript of the hearing and should be considered unverified pending official transcript release.

“Was Bostock an employment case or in a housing case?” — Sen. Kennedy
“Senator thanks to the question, you know, I actually don’t know the answer to that senator.” — Nominee
“I don’t have a ton of experience with title seven.” — Nominee
“What was the holding of Bostock?” — Sen. Kennedy
“I’m not a lawyer senator and I have not had a good deal of experience.” — Nominee
“I mean you’ve read the opinion. What does it say sure?” — Sen. Kennedy

Full transcript: 160 words transcribed via Whisper AI.