The Volokh Conspiracy
Mostly law professors | Sometimes contrarian | Often libertarian | Always independent
George Washington U. Rejects Requests to Stop Justice Thomas's Co-Teaching of Law School Class
Prof. Glenn Reynolds (InstaPundit) passes along this e-mail from the GWU Provost and Law School Dean, which I applaud:
Dear Members of the George Washington University Community,
Since the recent U.S. Supreme Court ruling to overturn Roe v. Wade, we have heard from members of our community who have expressed feelings of deep disagreement with this decision.
We also have received requests from some members of the university and external communities that the university terminate its employment of Adjunct Professor and Supreme Court Justice Clarence Thomas and cancel the Constitutional Law Seminar that he teaches at the Law School. Many of the requests cite Justice Thomas' concurring opinion in Dobbs v. Jackson Women's Health Organization, in which he called the substantive due process doctrine a "legal fiction." Justice Thomas has been a consistent critic of the Court's legal philosophy on substantive due process for many years. Because we steadfastly support the robust exchange of ideas and deliberation, and because debate is an essential part of our university's academic and educational mission to train future leaders who are prepared to address the world's most urgent problems, the university will neither terminate Justice Thomas' employment nor cancel his class in response to his legal opinions.
Justice Thomas' views do not represent the views of either the George Washington University or its Law School. Additionally, like all faculty members at our university, Justice Thomas has academic freedom and freedom of expression and inquiry. Our university's academic freedom guidelines state: "The ideas of different faculty members and of various other members of the University community will often and quite naturally conflict. But it is not the proper role of the University to attempt to shield individuals within or outside the University from ideas and opinions they find unwelcome, disagreeable, or even deeply offensive."
Just as we affirm our commitment to academic freedom, we affirm the right of all members of our community to voice their opinions and contribute to the critical discussions that are foundational to our academic mission.
