Posts Tagged ‘Breyer’

UC Hastings Throws Down: Defeats Christian Legal Society in U.S. Supreme Court

Monday, June 28th, 2010

Remember that whole thing with U.C. Hastings (the largest and oldest law school in the West) getting into it with the Christian Legal Society? Well, it’s over, with Hastings winning in a 5-4 decision.

(That means that there will be one less thing for incoming Dean Frank H. Wu to worry about when he takes over on July 1.)

Get all the deets, here and below, and see what the CLS has to say, after the jump, and oh, here’s a nice take already from fast-working Bob Egelko.

The flag of Victory, or something, flying above The Tower at 100 McAllister:

U.S. Supreme Court Affirms UC Hastings’ Policy in Christian Legal Society v. Martinez, et al. Decision

The Supreme Court of the United States affirmed the decision of the United States Court of Appeals for the Ninth Circuit in Christian Legal Society v. Martinez, et al., signifying an important win in the country’s highest court for the College’s policy on recognition of student organizations and for higher education generally.

In the ruling authored by Justice Ginsburg, the decision stated: “Compliance with Hastings’ all-comers policy, we conclude, is a reasonable, viewpoint-neutral condition on access to the student-organization forum.”

“We are very pleased with the Supreme Court’s decision.  The College’s intent has always been to ensure the leadership, educational and social opportunities afforded by officially recognized student organizations are available to all students attending public institutions.  The Court’s ruling validates our policy, which is rooted in equity and fairness,” said Leo Martinez, Acting Chancellor and Dean, Hastings College of the Law.  

Justice Ginsburg delivered the opinion of the Court, in which Justices Stevens, Kennedy, Breyer and Sotomayor joined.  Justices Stevens and Kennedy joined the majority opinion in full and filed concurring opinions.  Justice Alito filed a dissenting opinion in which Chief Justice Roberts and Justices Scalia and Thomas joined.  

COURT’S DECISION:        Available at http://www.supremecourt.gov/

BRIEFS:        Available at http://www.abanet.org/publiced/preview/briefs/april2010.shtml

As promised, the Christians Speak, after the jump.

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