Bench Memos

Time for the Wisdom of Solomon

A panel of the Ninth Circuit yesterday, on remand from the Supreme Court, tossed out the remnants of the lawsuit of the Christian Legal Society at the U. of California’s Hastings College of Law.  (Details, and a link to the ruling, can be found here in Lyle Denniston’s reporting at SCOTUSBlog.)  The CLS might start up a new round of litigation if grounds emerge for doing so.  Meanwhile, Hastings will apparently get away with what Justice Alito, dissenting last summer, rightly called the “marginalization” of religious faith on its campus.

The new Congress should take up the legislative remedy sketched by me and Robby George in an August NR article (behind the subscriber wall): a denial of federal funds, modeled on the Solomon Amendment, for any college or university that discriminates against student religious groups as Hastings has transparently done.

Matthew J. Franck — Matthew J. Franck is the Director of the William E. and Carol G. Simon Center on Religion and the Constitution at the Witherspoon Institute in Princeton, New Jersey.

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