I'm sure Wilner is drawing from his vast legal experience to make that statement.
Well the second most despised person in this state behind Dimslee, is the AG Fergie, so far he has won all of the claims against the state on the mandate. While I am sure Wilner is not a legal scholar, he does do his homework, unlike other reporters these days.
I think these coaches were sold a bill of goods by attorneys who are looking for a quick nuisance settlement and their 40%.
Always take legal advice from journalists. Always.
Leftist journalism doesn't require you to actually report the majority of the story. Click bait headlines is what they're most interested in.
Holiday Inn express expert here, which means I know as much about the law as Wilner, but this should boil down to interpreting his contract and whether or not the mandate can justify a "with cause" termination. If his lawyer goes the constitutional route or legality of the mandate route I don't think they'll be successful unless they can get it heard by the SCOTUS, which is highly unlikely due to the slant of the state and 9th circuit courts.
Violation of university policy is grounds for termination for cause. So, Rolovich will need to challenge the mandate. A number of ways that can happen, off the top of my head- constitutional grounds, and arbitrary and capricious action under the administrative procedures act. The more I think about the mandate, the more problematic it seems to me- no testing alternative, and then decentralizing the exemption/accommodation decision to each agency will result in significant variance. The constitutional route can go through the state courts, then to the SCOTUS.
which university policy? because Sgt Schutlz and Her Chun said "dey was jus' doing what we told, sir".
Which ones are those? I'm not aware of any yet. The lawsuit by the WSP and other employees is still winding its way through the courts. The petition for a preliminary injunction has been denied, but appears to be scheduled for trial in Feb 2022.
Also, not highly publicized (wonder why.... hmmm) case of Spiffys restaurant winning their case against the state for violating the shut down order would seem to demonstrate a pattern of state over-reach, but again... keyboard lawyer here.
I think that's thin. This really isn't university policy, it's conditions of employment set by the state. WSU didn't have a choice on implementing it, although the details of how to implement were left to them.
Fergie wins them all, he's undefeated, just ask him, only AG I have ever heard of that keeps score, I am sure he thinks this is a slam dunk too.
You mean this story?
Interesting thing is that this statement seems to indicate that Chun denied accommodations, not that the request for exemption was denied. That's a significant variable.
It would be nice to know what exactly are the "facts" of the case. I thought the lack of accommodation was conceded by Chun, but I can't say for sure because I haven't watched the presser.
Directive from the governor. University policy announced on August 8, I believe. I don't agree with the mandate, but it is what it is.
Makes me think perhaps they haven't been told whether it was the exemption or the accommodation, which would make it more interesting.
"Conditions of employment set by the state" was not grounds for termination for cause as I recall.
Dave Frohnmayer, former Oregon AG and former UO President was quite proud of the fact that one of his wins before the 9th Circuit was not reversed by the SCOTUS. Heard him say it.
The "All of the cases are being thrown out" narrative is a bit premature. Since Monday was the deadline, the cases are just beginning.
all things considered, be careful what you wish for.
Oh man, speaking of buttery popcorn, Dune is out and I need to buy theater tickets. Thanks for the reminder.
I have it, but I'm feeling like this movie deserves more than my 55". I suppose I can give it a watch at home and catch it in the theater if it deems worthy.
They're all racing to beat Tom Rinaldi to the punch on the Mark Few redemption story.
Read the review in the WSJ today and that’s what they said. Big screen only.
Did members of Fox News piss in your cereal or something? Your hard-on for them is not normal.
Yep. And Timothee Chalamet appears to be quite a good actor. If you haven't watched The Kings on Netflix, do so. Not historically accurate, quite a bit anti-war, but still well written, well acted, and well directed.
