Saturday, September 09, 2006

Two Victories In One in Utah

Lawblog The Volokh Conspiracy tells the story of a Utah Supreme Court case that smacked the University of Utah back into reality:


Guns on University of Utah Campuses:
The state legislature enacted a law barring "state and local entities from enacting or enforcing any [rule] that in 'any way inhibits or restricts the possession or use of firearms on either public or private property.'" The University of Utah, which generally bans students and employees from carrying guns while "on campus and 'while conducting university busines off campus,'" claimed that the state law interfered with the University's autonomy (guaranteed, according to the University, by the state constitution). Not so, the Utah Supreme Court just held: The Utah Constitution, it concluded, does not give the University autonomy; like other state government entities, the University is subject to legislative control -- "the legislature has the ability to generally manage all aspects of the University."

Can you imagine any greater arrogance from a state university than to think it's autonomous, that it's not subject to the control of the state? Man, that ivory tower got so high that the oxygen was pretty scarce.

Why do I say that this is two victories? Well, I'm actually getting somewhat more conservative as I blog and read other conservative blogs. I used to lose a lot of "conservative points" because I wasn't the biggest fan of the 2nd Amendment. And while I still disagree with the NRA's interpretation of that amendment, Mr. Heston (and his successor) might be happy to know that I'm now a staunch supporter of an individual's right to own and carry most firearms.

So this case is a twofer for me.

1 comment:

Anonymous said...

It happened in Indiana, in flagrant violation of the state constitution, during the tenure of President Ehrlich, whose tenure sent the university whirling down the PC sewer.

Interestingly, the university banned firearms for students and staff, but not faculty.

It hasn't been challenged in court, but when it is, it will be stricken down. The state constitution specifically forbids any unit or institution from further restricting second amendment rights.