Panel Spars Over Christian Legal Society V. Martinez
Sarah Mamula - Talk Radio News Service
What started as a panel discussion on the Supreme Court’s 2009-2010 term, eventually evolved into a heated debate over the Court’s ruling against the Christian Legal Society.
In a 5-4 decision, the Supreme Court upheld a non-discrimination policy at the University of California’s Hastings College of Law, requiring student organizations to allow any and all students to join whichever organization they chose. The Christian Legal Society acted against this policy by having members sign a Statement of Faith, prohibiting the enrollment of non-Christians and the gay and lesbian community.
Professor at the University of Chicago Law School Richard Epstein said he disagrees with the school’s non-discrimination policy.
“I have never heard of a stupider, less coherent and indefensible property than a take all-comer’s policy with respect to organizations that maintain any form of intellectual coherence,” Epstein said.
Gregory Garre, partner at Latham & Watkins LLP, said the court’s ruling was justified because the organization was school funded. If the organization was independent from the university, Garre said the Statement of Faith would then become a plausible filter for admittance to CLS.
Garre, agreeing with a statement made by Solicitor General Elena Kagan during her confirmation hearings alst week, said that it is the duty of the Supreme Court to interpret the laws and rule accordingly
“It is the role of the Courts to go in and second guess what is a ‘stupid’ or responsible academic policy,” said Garre.
Brookings Scholar Predicts Arizona Lawsuit Will Fail
Philip Bunnell - Talk Radio News Service
Darrel West, the Director of Governance Studies at the Brookings Institution, predicted Wednesday that the lawsuit filed recently by the Justice Department against Arizona will likely fail.
“The Justice Department claims that states can’t make immigration policy when in fact states have been passing immigration laws for decades,” West said during an afternoon Webchat. “I don’t think the courts will buy the idea that only the federal government can make immigration policy.”
Explained West, “In the 19th century, Southern states limited migration to their states based on race and property. California tried to exclude the Chinese in the late 19th century. And governors today sign all sorts of immigration laws.”
The Department’s lawsuit, filed Tuesday, was a reaction to Arizona’s new hard-line immigration policy, which allows law enforcement officials to request proof of citizenship from those suspected to be in the country illegally. Critics have charged that the law will ultimately lead to racial profiling and threaten public safety by allowing the public’s trust in police to erode.
The lawsuit is based on the U.S. Constitution’s supremacy clause, which dictates that legislation passed at a state level cannot trump federal law.
Although West stated that he does not believe the lawsuit will be effective, he noted that the law was far from ideal.
“The new Arizona law creates more problems that it solves,” West said.