3 ms·

"This is a battle against powerful people. Wins will be incremental." More likely there is concern over first amendment rights of association invalidating the

"This is a battle against powerful people. Wins will be incremental." More likely there is concern over first amendment rights of association invalidating the law if they take it too far.

potato3732842 2y ago
In a perfect world I would agree with you. In the world we live in they will sidestep the issue. All the schools are dependent on those sweet sweet fed bucks. They'll just withhold the money. Ain't no different than withholding highway funding for states that won't get onboard with your national speed limit BS. Edit: I forgot we were talking state and not feds so the above doesn't apply.
- giantg2 2y ago
  Do private universities get CA state money, or is it private and federal money?
bilbo0s 2y ago
This is the real issue. It's easy to talk big, but once you run up against the Constitution in such an obvious manner, it gets tricky. The NCAA was stripped of a lot of its power in a single disastrous session in front of the Supremes. This issue straddles the Freedom of Association issue in a fashion similar to the NCAA telling student athletes that their names, were, somehow, not they're names??? For Constitutional scholars, arguments like this are just a hard sell. Not sure what the solution is? But as long as we're going to allow private universities, we're going to run up against the issue of them expressing the rights any other private organization would express. Maybe taxes might be a way to compel cooperation? It's clear however, that traditional legal remedies won't have teeth in the face of the First.
- psunavy03 2y ago
  Ever since Woodrow Wilson, there has been a segment of the American ruling class that views the Constitution as nothing more than a pesky antiquated roadblock that gets in the way of doing whatever they want, because they're supposedly more enlightened.
- garrettgarcia 2y ago
  The solution is to not violate the first amendment.
jakelazaroff 2y ago
I doubt it. I don’t remember any First Amendment hand-wringing when affirmative action was on the chopping block.
- giantg2 2y ago
  That has to do with race based discrimination. There's a long history of law and case law that race can't be used to discriminate in a commercial setting. This is not race based, nor based on any protected attribute.
- int_19h 2y ago
  Such arguments were certainly made: https://blog.simplejustice.us/2024/02/24/is-there-a-first-amendment-right-to-affirmative-action/ https://blog.simplejustice.us/2024/02/24/is-there-a-first-am...
wernercd 2y ago
"if they take it too far." The question isn't if... it's when. We've already seen how far the left will go and the only reason they aren't jailing those they disagree with is because they can't. Yet.

"This is a battle against powerful people. Wins will be incremental." More likely there is concern over first amendment rights of association invalidating the law if they take it too far.

potato3732842 2y ago

In a perfect world I would agree with you. In the world we live in they will sidestep the issue. All the schools are dependent on those sweet sweet fed bucks. They'll just withhold the money. Ain't no different than withholding highway funding for states that won't get onboard with your national speed limit BS. Edit: I forgot we were talking state and not feds so the above doesn't apply.

giantg2 2y ago
Do private universities get CA state money, or is it private and federal money?

bilbo0s 2y ago

This is the real issue. It's easy to talk big, but once you run up against the Constitution in such an obvious manner, it gets tricky. The NCAA was stripped of a lot of its power in a single disastrous session in front of the Supremes. This issue straddles the Freedom of Association issue in a fashion similar to the NCAA telling student athletes that their names, were, somehow, not they're names??? For Constitutional scholars, arguments like this are just a hard sell. Not sure what the solution is? But as long as we're going to allow private universities, we're going to run up against the issue of them expressing the rights any other private organization would express. Maybe taxes might be a way to compel cooperation? It's clear however, that traditional legal remedies won't have teeth in the face of the First.

psunavy03 2y ago
Ever since Woodrow Wilson, there has been a segment of the American ruling class that views the Constitution as nothing more than a pesky antiquated roadblock that gets in the way of doing whatever they want, because they're supposedly more enlightened.
garrettgarcia 2y ago
The solution is to not violate the first amendment.

jakelazaroff 2y ago

I doubt it. I don’t remember any First Amendment hand-wringing when affirmative action was on the chopping block.

giantg2 2y ago
That has to do with race based discrimination. There's a long history of law and case law that race can't be used to discriminate in a commercial setting. This is not race based, nor based on any protected attribute.
int_19h 2y ago
Such arguments were certainly made: https://blog.simplejustice.us/2024/02/24/is-there-a-first-amendment-right-to-affirmative-action/ https://blog.simplejustice.us/2024/02/24/is-there-a-first-am...

wernercd 2y ago

"if they take it too far." The question isn't if... it's when. We've already seen how far the left will go and the only reason they aren't jailing those they disagree with is because they can't. Yet.