November 22, 2009
A Fine Legal Mess: When Student Groups Collide With Anti-Bias Policy
When federal appeals courts declare wholly inconsistent views on an important issue of constitutional law or policy, the Supreme Court usually steps in to resolve the conflict and establish a uniform national standard. Occasionally, however, the justices decline to intervene, leaving in place incompatible rulings. Confusion and uncertainty inevitably follow.
That is what has happened with regard to an issue of mounting importance to higher education—whether colleges may compel a
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