Dartblog

An attorney reader points out another of the many lies in the recent letter by former trustee David Shipler ‘64 regarding the ongoing Association of Alumni lawsuit.

Mr. Shipler writes, “Higher education remains one of the last institutions beyond conservative domination, and Dartmouth is merely a convenient target in a larger strategy. Otherwise, why would people who claim to love the College invite the courts and the legislature to interfere in running it? Why would conservative champions of ‘judicial restraint’ apply the principle only when it gives the result that they like?”

Well. Judicial restraint is not a principle that can be “applied” by just anyone. Certainly not by prospective plaintiffs in a dispute. Judicial restraint is the idea that judges should defer to the legislature as much as possible when deciding questions of Constitutionality—that they should avoid “legislating from the bench.” It has absolutely nothing to do with individual citizens privately deciding whether they wish to bring suit when wronged.

And indeed, suing the bastards has long been the proud American Way for all citizens alleging breach of contract—left, right, and center.