Monday, April 19, 2010

CLS v. Martinez Argued Today

Today, the Supreme Court holds oral argument in CLS v. Martinez. I have an essay at about the case.

I should add that this is really a case about student control of their own organizations. The national CLS demands the power to remove any student leaders even against the will of the students, and decrees that the national CLS can violate the student group's constitution if it so wishes: "Any conflict or disagreement among chapter officers or members as to the meaning or interpretation of this Constitution shall be submitted in writing to the CLS Executive Director, through the LSM Director. The decision of the CLS Executive Director resolving the conflict or disagreement shall be final. In the event of any conflict or inconsistency between this
Constitution and the CLS bylaws, the terms and provisions of the latter shall control."

This is really astonishing, that interpretation of a student group's constitution must be handed over to its national affiliate. Ultimately, students should be the ones to control their own student groups, and that's what is at stake in CLS v. Martinez.

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