Seven years ago Neomi Rao, President Donald Trump's pick to replace now-Justice Brett Kavanaugh on the U.S. Court of Appeals for the District of Columbia Circuit, defended the concept of "dwarf tossing"—wherein someone with dwarfism voluntarily allows himself to be thrown, while wearing protective gear, onto a padded surface. While invoking the example was no doubt provocative, Rao's larger point dealt not with the sport itself but with the dignity inherent to making consensual arrangements.

Rao is best known for her strong background in the regulatory world—she currently serves as administrator of the Office of Information and Regulatory Affairs. If confirmed, her docket at the D.C. Circuit will relate directly to her expertise.

In the meantime, some are criticizing her and misrepresenting her point about dwarf tossing. Her arguments deserve a more careful look, writes R Street Institute policy fellow Shoshana Weissmann for Reason.

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