The Federalist Society provides a very insightful and useful podcast in which University of Chicago and NYU law professor Richard A. Epstein analyzes the June 28 decision that vindicated the Hastings Law School policy of forcing all groups to accept whomever wishes to participate, a policy that led the administration of the law school to deny official status to the Christian Legal Society.
Epstein observes that the majority opinion written by Justice Ginsburg relies on the “take all comers” policy at Hastings (a policy that Epstein characterizes as bizarre, because it flies in the face of the normal reason people form groups rather than circulating as an undifferentiated mass). By his reckoning, we may not have heard the last of this case, because the underlying problem of discrimination against groups that do not share the multi-cultural ideology of the educational establishment remains unaddressed.
The whole analysis is worth listening to, but if you’re pressed for time, you can go to 14:40 into the podcast to hear Epstein’s take on what this recent decision adds up to.
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