ACT: Association for Contract Textiles

Cited: New York Times

Teresa R. Wagner would like to teach law at the University of Iowa College of Law, but according to some close to her case, her politics may be getting in the way. Ms. Wagner is a Republican, and according to Associate Dean Jonathan C. Carlson, “some people may be opposed to Teresa serving in any role, in part because they so despise her politics and especially her activism about it.”

Ms. Wagner graduated from University of Iowa College of Law in 1993 and has taught at George Mason University School of Law. However, she was not hired for a position at her former school and as a result she sued, alleging discrimination over her politics. And apparently she has a good case because a unanimous three-judge panel in the U.S. Court of Appeals in St. Louis ruled that her case should go to trial.  Ms. Wagner’s attorney, Stephen T. Fieweger, welcomed the decision, saying that it was a big win for academic freedom.

Ms. Wagner’s lawsuit against U.of Iowa College of Law includes evidence showing that the law faculty at the school in 2007 only had one registered Republican on its faculty, and he was appointed in 1984. Ms. Wagner makes no bones about the fact that she is a conservative and that she has worked for the National Right to Life Committee, which opposses abortion and euthanasia, as well as the Family Research Council, which often takes extreme conservative positions on social issues.

A spokesman for the University of Iowa College of Law, Tom Moore, would not comment on the lawsuit or the ideological makeup of the school’s faculty.

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My Take:

If there is ample evidence that Ms. Wagner didn’t get the position because of her politics and not her qualifications, then she has a very strong case. However, I doubt she would take the job at this point so I wonder if this is going to be a situation where she sues for damages or simply to make a point – and perhaps a good point.

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