Arizona passed a law five years ago that essentially banned forceable DEI training. An ASU professor brought suit to clarify that the law also
gives public employees an “implied private right of action” to stop such coercion, which in his case was ASU training on how to “critique whiteness.”
A State district court agreed with the professor and ruled accordingly. An Arizona appellate court
“astonishingly” construed lawmakers’ silence on enforcement as confirmation that individuals cannot sue….
The euphemism quotes are from the professor’s lawyers in their reaction to the ruling and as they prepare to appeal to the State’s supreme court.
The lawyers—and any high school student who didn’t sleep through his logic class—are right to be astonished. The appellate court’s “argument” (my euphemism quotes this time) that saying nothing means cannot sue is textbook logic failure. The lawmakers’ silence means nothing other than that they said nothing. The appellate court’s claim otherwise is the court’s putting words into the lawmakers’ mouths the judges have no way of knowing belong there—unless the judges are claiming heretofore unheard of powers of mind reading.