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Justices Corner Both Sides In Hastings Case

Publication Date: 
April 20, 2010
Source: 
The National Law Journal
Author: 
Tony Mauro

Professor Michael McConnell is mentioned here for his representation of the Christian Legal Society in the U.S. Supreme Court case Christian Legal Society Chapter of University of California Hastings College of Law v. Martinez. Tony Mauro of The National Law Journal filed this story:

The U.S. Supreme Court heard oral arguments Monday in a key church-state dispute over the status of a Christian group at Hastings College of the Law. But the discussion quickly devolved into a testy debate over the factual record in the case and what it was all about.

"What is the case that we have here?" Justice Anthony Kennedy asked early in the hourlong argument. His is a crucial and unpredictable vote in the case, Christian Legal Society v. Martinez.

...

Stanford Law School professor Michael McConnell, who represented the Christian group, argued strenuously that either version of the policy is unconstitutional, but justices showered him with questions that left him unable to elaborate.

One of the few assertions McConnell was able to make was that either policy is a "frontal assault on the freedom of association. Freedom of association is the right to form around shared beliefs."