The Right Wing Litigants
Like bizarro Thurgood Marshall, the right wing has engaged in a litigation strategy to compel the placement of right wing zealots on university faculties. Case in point - the matter of Teresa Wagner and the University of Iowa Law School:
A federal jury believed the University of Iowa’s law school illegally denied a promotion to a conservative Republican because of her politics, former jurors told The Des Moines Register. However, jurors said they felt conflicted about holding a former dean personally responsible for the bias. They wanted to hold the school itself accountable, but federal law does not recognize political discrimination by institutions. “I will say that everyone in that jury room believed that she had been discriminated against,” said Davenport resident Carol Tracy, the jury forewoman. Meanwhile, attorneys for Teresa Wagner on Tuesday filed a motion for a new trial in the case that scholars agree could have national implications in what some argue is the liberally slanted world of academia.
It's an interesting argument, but anyone familiar with conservative views regarding employment discrimination claims, can't but feel a bit of schadenfreude about the fact that right wing jurisprudence is what blocks relief for Wagner here. It is not some amorphous rule that institutions can not be guilty of discrimination. That is just shoddy reporting. It is instead that "states rights" do not permit suits to be brought against public institutions deemed to be covered by "states rights."
Also ironic is that Supreme Court Justice Antonin Scalia, in Rutan, opined that discrimination in employment decisions by government on the basis of political viewpoint was permissible under the Constitition. More on this interesting subject later.
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