My court fight over DEI at Arizona State isn’t culture-war noise
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ASU’s legal strategy aims at dismissal. The university claims I lack standing. Put plainly, ASU argues that an employee cannot hold his public employer accountable for violating state law. At that point, the dispute stops being about DEI and becomes about every employee in Arizona. If ASU wins at the Arizona Supreme Court, employees across the state lose a crucial tool for legal accountability.
Professors to my political left may sneer at my critique of DEI. They should still worry about the precedent.
Imagine a scenario pulled from their nightmares: A future administration takes over ASU and imposes mandatory ideological training from the opposite end of the political spectrum — required ICE-themed training, or MAGA-themed training. If that training violated Arizona law, those same professors would demand the right to sue. ASU’s argument would bar them. This case concerns enforceable employee rights, not just contemporary politics.
ASU’s first bid to dismiss the case failed. A lower court rejected the university’s argument. ASU appealed, and the appellate court sided with the university. That posture put the case on a path to the Arizona Supreme Court.
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Two facts matter here. The Arizona Senate and the state representative who authored the law I claim ASU violated have filed an amicus brief supporting my position. Their message is simple: A public employee has standing to hold a public employer accountable for breaking the law. The statute prohibits the kind of racial blame and collective guilt that ASU’s training promoted. The principle should not require explanation: Don’t assign moral fault to entire groups based on skin color.
So why does ASU defend this?
Because ASU does not view this fight as one training module that can be swapped out and forgotten. Race-based blame sits near the center of the contemporary left’s approach to education. If I succeed in showing that ASU bears legal responsibility — and that employees can hold it accountable — the implications reach far beyond one HR program. ASU’s initiatives aimed at combatting “whiteness” would come under scrutiny. Its embedded social justice goals face legal challenge and public examination. Students could follow with suits over race blame in a “decolonized curriculum.”
“Who will rid us of this meddlesome philosopher?” ASU really hopes the Arizona Supreme Court will.
Every employee in Arizona should watch what happens next. The outcome will determine whether public institutions answer to the law — or whether employees must comply silently, no matter what ideology administrators impose from above.
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