Dispatches from the Creation Wars

I have to say I’m quite surprised that the Supreme Court upheld the school’s non-discrimination policy in CLS v Martinez. This is the case over whether the Hastings School of Law could force a Christian Legal Society chapter to admit non-Christians as voting members. I’ve already written my own views on the case; I think the court was wrong. You can read the full ruling here.

But before either side starts crowing, it should be noted that this is, in fact, a very narrow ruling and it also remands the case back to the lower court for a new hearing. The ruling only upheld the “all comers” policy, but pointedly did not rule on an “as applied” challenge. Attorneys for the plaintiffs will now argue that the rules were still applied inconsistently. So Hastings could still end up losing the case. I may write a more detailed analysis when I have more time.