The University of Wisconsin System Board of Regents recently filed a petition asking the Supreme Court to review a Seventh Circuit decision that invalidated the University of Wisconsin's policies governing funding for student organizations. The Seventh Circuit held that Wisconsin's policy of denying student activity fee funding to student organizations who wish to use the money for worship, proselytizing, or religious instruction violated the First Amendment. The University of Wisconsin now seeks to undo prior Supreme Court precedent holding that the denial of funding to religious organizations unconstitutionally penalizes groups for their particular viewpoint, and that funding religious groups does not violate the Establishment Clause.
Indeed, if you bother to read the Seventh Circuit's opinion, it becomes clear this is a well travelled area of law with clearly holding, and recently affirmed, precedents readily apparent. Well, readily apparent to everyone but the tin eared members of the Wisconsin Board of Regents.
This is a particularly stupid course of action for two reasons: 1) In an era of tight financial constraints at the state level, the idea of spending even an additional dime on a quixotic effort to remove First Amendment rights for Catholics and other religious groups, is suspect at best. At worst it shows an "out to lunch"-ness that speaks of the worst kind of ideological fervor imaginable. 2) Given the political environment in Wisconsin presently, where a new hard line Republican governor will be able to work with a new Republican held state legislature on whatever they want to do, this action of the Regents is asinine. Republicans already view academia as suspect, so the Regents decide to act in as spendthrift a manner as possible, and as hostile to religion as possible.
So, the Regents are wrong on the legal merits, and have shown all the political instincts of Herbert Hoover looking at the Great Depression.
Bang up job guys.
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