Let’s not be too quick to read too much into Monday’s decision by the U.S. Supreme Court to deny certiorari (judicial review) in a 9th Circuit case (Alpha Delta Chi v. Reed) that applied a nondiscrimination rather than “all-comers” policy to deny recognition to a religious student group at a California public university. Because the Court denies cert in 95% of its cases, its denial of certiorari means nothing about the merits of the case. For all we know, the Court is waiting for stronger case to reach its docket. Unfortunately, the media has a tendency to misinterpret a denial of cert. as the Court “affirming” or “agreeing” with any decision that it refuses to review.
Speaking at Vanderbilt University last week on a forum titled, “Threats to Religious liberty: on Campus, and Across the Nation (YouTube link),” law professor, Michael Paulsen confidently predicted that in the next 5-7 years, the Supreme Court will be forced to step into the fray and reverse its wrong 5-4 decision in CLS v. Martinez. In the meantime, we need to roll up our sleeves and get ready for a long protracted battle to preserve our civil rights and civil liberties against institutions that seem determined to remake our society into their utopian dream.