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An unusually crass opinion

And so they fall into the trap.

A Donald Trump-appointed federal appellate judge invoked the term “swinging dicks” three times in an unusually crass opinion involving a nude, female-only Korean spa, drawing sharp rebukes from 29 of his colleagues.

“This is a case about swinging dicks,” began a Thursday dissenting opinion from Judge Lawrence VanDyke of the US Court of Appeals. He said he would have ruled in favor of Washington state’s Olympus Spa, which had sought to bar transgender women from its spa facilities on free speech grounds.

“You may think that swinging dicks shouldn’t appear in a judicial opinion. You’re not wrong,” he wrote. “But as much as you might understandably be shocked and displeased to merely encounter that phrase in this opinion, I hope we all can agree that it is far more jarring for the unsuspecting and exposed women at Olympus Spa— some as young as thirteen—to be visually assaulted by the real thing.”

He went on to say that it “feels like the supposed adults in the room have collectively lost their minds” and criticized “woke judges’ willingness” to sacrifice constitutional rights “on the altar of ‘social progress.’”

VanDyke’s dissent prompted a harsh rebuke from more than two dozen of his colleagues, who wrote separately to say that the US legal system “is not a place for vulgar barroom talk” and that VanDyke’s dissent “ignores ordinary principles of dignity and civility and demeans this court.”

“That language makes us sound like juveniles, not judges, and it undermines public trust in the courts. The lead dissent’s use of such coarse language and invective may make for publicity or entertainment value, but it has no place in a judicial opinion,” wrote Senior Judge M. Margaret McKeown, joined by 26 other Ninth Circuit colleagues.

True. So, if the words “big swinging dicks” have no place in judicial opinions, are we really truly completely sure that actual dicks belong in female changing rooms?

They walked into his trap. The crude language was a trap. Guess what, colleagues: if the mere words upset you that much, why are you so relaxed about the actual physical dicks themselves in the actual physical presence of girls and women who are changing their clothes?

Please do explain, in your most dignified judicial language. We’ll wait.

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