Friday, July 6, 2018

McAdams v. Marquette - WI Supreme Court Ruling

Justice delayed is justice denied.

Marquette University is guilty of denying Professor John McAdams justice. That reality will remain a stain on the university's reputation in perpetuity.

The Wisconsin Supreme Court delivered its ruling today in favor of John McAdams in McAdams vs. Marquette. It's a legal smackdown that will forever tarnish Marquette's history.

From Campus Reform:

The Wisconsin Supreme Court ruled in favor of professor John McAdams on Friday, ordering Marquette University to “immediately reinstate” the academic with “tenure, compensation, and benefits."

According to the decision, the court ruled that the university violated its contract with McAdams, which included an academic freedom clause.

“The undisputed facts show that the University breached its contract with Dr. McAdams when it suspended him for engaging in activity protected by the contract's guarantee of academic freedom,” the court wrote.

“Therefore, we reverse the circuit court and remand this cause with instructions to enter judgment in favor of Dr. McAdams, conduct further proceedings to determine damages (which shall include back pay), and order the University to immediately reinstate Dr. McAdams with unimpaired rank, tenure, compensation, and benefits,” the court added.
This is what justice looks like.

Marquette is left to scramble in the wake of this humiliating legal defeat.

...In a press release on Friday morning, Marquette University spokesman Chris Jenkins wrote that the school “will comply with the terms of this decision,” stressing that “it does not change the university’s commitment to the safety and well-being of our students.”

“This case has never been about academic freedom or a professor’s political views,” Jenkins added.
Clearly, the Wisconsin Supreme Court disagrees. It has always been about academic freedom and Marquette's violation of its contract with McAdams.

Marquette University President Michael R. Lovell provides his comments on the decision in the following email:

Dear members of the Marquette community,

Recently, the Wisconsin Supreme Court issued a decision in a case brought by a Marquette University political science associate professor.

In this case, we stood up for decency and for the rights of our students, and we remain committed to upholding those values as a community.

Our values do not change when they are challenged. They become stronger.

I want you to know that I will personally continue to pledge ourselves to the holistic development of students. We will continue to educate students who are men and women for and with others throughout the world. Our Catholic and Jesuit mission calls us to live in the spirit of cura personalis, care for the whole person.

We will continue to live as servant leaders with a commitment to the Jesuit tradition and Catholic social teaching for all people, beliefs and faith traditions. And we will continue to nurture an inclusive, diverse community that fosters new opportunities, partnerships, collaboration and vigorous yet respectful debate.

Too often these days, our conversations and disagreements become degraded and toxic. The environment found on social media often reflects the overall level of social discourse in our country. Pope Francis recently warned about the dangers of online communication in Gaudete Et Exsultate.

At Marquette, we need to help create pathways for people of all political perspectives to have real conversations with each other. No more talking past one another. We can do better when it comes to raising the level of our public discourse. I’m optimistic as I meet our next generation of students, we will do better.


Michael R. Lovell
Marquette University
Lovell has the audacity to cite Pope Francis, attempting to appeal to a higher court, exploiting Catholicism to suit his ends.

That is truly offensive.

This entire chapter in Marquette's history has been a disgrace.

I hope this ruling will be a turning point for Marquette, redirecting its path away from the radical political correctness it has embraced. I hope this ruling leads Marquette back to its Catholic foundation. I fear that will not be the case, given the extremism of Marquette's current administration.

Nonetheless, this is a tremendous victory for free speech and academic freedom. Vindication is finally delivered for defenders of free speech on the Marquette campus.

Dr. McAdams has been fighting this battle since 2014, and today he has won. I'm grateful he refused to back down. He's an academic freedom champion, a First Amendment hero.

I hope this high profile Supreme Court ruling prompts Marquette alumni and other donors to recognize what is happening at the university. I hope those still supporting Marquette will demand changes to restore the Jesuit institution to its previous greatness.


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