Calstuff
Don't mess this up!
-Kevin Deenihan,
Emeritus


Home
Archive
Extended

Help CalStuff!

Disclaimer: Calstuff and/or the opinions expressed are not affiliated with the University of California, Berkeley.
Recent Guest Posts
Tenants' Rights Week
by Jason Overman
Search

Powered by:
Contact

FaceBook CalStuff!
Allen L.
 About
 
 IM
Andy R.
 About
 
 IM
Ben N.
 About
 
 IM
Cooper N.

 About
 
 IM
Syndication
Site Feed (ATOM)
Comments Feed
Add to LJ Friends

Subscribe in NewsGator Online
Subscribe with Bloglines
Berkeley Blogs
CalJunket
With humor.
Cal Patriot Blog
Conservative Blog
UC Berkeley Livejournal
Discussion Forum
California Patriot Watch
Self Explanatory
Brad DeLong
Econ Prof
The Bird House
Cal Prof on everything
Cal Politik
Rants & Raves
Beetle Beat
Full Time Whiner
"Frat" Life
Cal "Frat" Boy
Cal Tzedek
Jewish Students Blog
Personal as Public
Soft Boiled Life
Hilariously Un-PC.
Cal Alumni/ Squelch Blogs
Kedstuff
Remember him?
I Fought the Law
Optimus Primed
Zembla
With Cuteness
Ne Quid Nimis
With Photography
Saturday, September 27, 2003
# posted by Kevin @ 12:08 PM

54-Gate is still growing.

The ASUC/GA Execs are pinning their hopes on a reading of the Wisconsin decision in the Supreme Court. Here's their interpretation:
Policies noted by representatives of the Daily Cal are obsolete because they have been superseded by court cases, including a Supreme Court case affirming the right of student governments to fund politically partisan activities.

Outdated campus policies have not been amended to recognize the provisions of the Southworth v. University of Wisconsin Supreme Court case of 2000.

These same guidelines provide for the funding of organizations considered to be political, religious, or ideological in nature. Examples of these organizations include any group that "supports or sponsors ballot initiatives, candidates seeking election, or other political purposes." The guidelines further state that students who object to the positions represented by these groups "are entitled to a pro rata refund." University policy could not read any more clearly.
It's a pretty tenuous reading. Here's the Clam's deconstruction on it.
What makes it worse for them is that while Southworth says that a University is not barred from spending student fees on political activity, it is not REQUIRED to, either.
As well as this Boalt Professor's comment, which I think sums it up.
But Boalt Hall School of Law Professor Jesse Choper said the Southworth case doesn’t apply in this scenario. “Southworth is a narrow opinion that tries to decide as few things as possible,” he said. “Southworth said a university may [permit compulsory fees to be used for lobbying]. Nothing in Southworth supports the view that the university must [do that]. This is a case in which the university of California says it won’t let funds be used for any political purposes.”
This isn't to say that the GA doesn't have ANY case. But it's very tenuous, and the University would only need to win on one of the three objections noted here. The GA would have to win on all three! And this is besides the reporting requirements that don't appear to have been followed.. notice that the op-ed letter says nothing about them.

So what's the potential outcomes? I see two at this junction. Note that the ASUC Administrators are refusing to reimburse expenditures on Prop 54 things. This is good! It might keep the ASUC from being legally liable.

Unfortunately, it leaves the CalSERVE Execs with a wad of spending they need to be reimbursed for. Assuming they can't convince the ASUC to reimburse them, they really have two options. Well, three.

The first is to swallow their pride, take the losses, and let this all drift away. This is the preferable option for students. No one really pays but the Execs who got us into this mess. There's a possibility the UC Admins will still press for changes, but unlikely.

The second, and very awful option, is that the GA/ASUC Execs decide to sue to force the reimbursements, based on their reading of the Wisconsin decision. This is a very bad option. First, it entangles the ASUC in an expensive legal proceeding that they are very unlikely to win. Kiss more ASUC money goodbye. Second, it will push the Administrators even farther towards curtailing the independence of the ASUC, which they're already being pushed to do. Third... well, the first two should be enough.

The final option is to play tricky buggers with expenditures. Claiming the money wasn't spent from student fees may be a legal loophole. They could also try and hide the expenditures in other requests. The second one would be illegal, but it's been done before by other Execs. The first one is more plausible, but it's a little late to claim.

In sum, we're pretty hosed. Hopefully some of the Execs will come to their senses and back out, instead of pushing forward through sheer stubbornness. Ha! Back out for the first time in CalSERVE history? Back out when they've already turned their debacle into a crusade in their own minds? All of a sudden the morass they've created has become a last stand for student governments NATIONWIDE?
'Failing to engage in thoughtful examination of the facts could result in a substantial weakening not only of our student governments, but also of student governments nationwide.
Oh no, we're only going in deeper, my friends.
Email This Post!

Home
Advertisements
Advertising Policy

Place an Ad on Calstuff



Get Firefox!

Cal Magazines
Heuristic Squelch
Humor Mag
California Patriot
Conservative
Hardboiled
Lefty/Asian mag.
Bezerk
Comics Mag
In Passing
Bloggish
Cal Newsites
Daily Californian
Student Newspaper
Daily Planet
City Newspaper
Berkeleyan
Faculty/Staff news
Newscenter
Administrative Announcements
Indybay
Hard Left News
East Bay Express
Alt-weekly
Cal Other
UC Rally Committee
Stand nineteen feet tall! Be united! Be tough! Be proud!
CyberBears
GO BEARS!
ASUC
Cal's Student government
One
Cal's Student Portal
Berkeley Bookswap
Good Deals

Weblog Commenting and Trackback by HaloScan.com