Student religious group failed to raise argument that law school selectively enforced its non-discrimination policy as a pretext for discriminating on the basis of religion
On remand from the U.S. Supreme Court, a U.S. Court of Appeals for the Ninth Circuit (CA, OR, WA, AZ, MT, ID, NV, AK, HI, GU, MP) three-judge panel has ruled that appellant, Christian Legal Society (CLS) had failed to raised the issue of whether the Hastings College of Law selectively applies its non-discrimination policy against CLS as pretext for engaging in constitutionally impermissible discrimination on the basis of religion. The panel concluded that in no place in its opening brief to the Ninth Circuit nor during oral arguments had CLS raised the “selective enforcement” or pretext argument before the appellate court. As a result, the panel found CLS had not preserved the argument and the panel had no authority to consider it now.
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