What Are the facts

[Mark Graber]

Professor Duncan writes:

"UC officials have decided to "single out one perspective, and turn down
these courses because of their Christian perspective," said Wendell
Bird, an Atlanta-based lawyer who filed the lawsuit in Los Angeles
federal court. "That is flat-out discrimination." "

I am not sure this is that helpful.

1.  I suspect most people would agree that if the UC system is behaving
as counsel describes, they are behaving unconstitutionally.  I suspect,
by the way, that even Professor Duncan might agree that if the facts as
presented in the UC brief are 100% correct, then they ought to win.

2.  I suspect most people would agree that in a very high percentage of
constitutional lawsuits, particularly at the district court level, if
the facts as alleged by one party ar correct, then that party ought to
win on the merits.

Mark A. Graber