When the U.S. Supreme Court ruled against CLS in Christian Legal Society v. Martinez in June, the case was not over.  The Court sent the case back to the U.S. Court of Appeals for the Ninth Circuit for consideration of CLS’s claim that Hastings’ “all-comers” policy was selectively enforced.

In a motion filed July 30, 2010, CLS urged the Ninth Circuit to address that issue.  On August 9, Hastings and Hastings Outlaw filed their oppositions to CLS’s motion, essentially urging the court to end the case without consideration of the school’s unconstitutionally selective application of its all-comers policy.  Yesterday, August 19, CLS filed its reply.  We now await the Ninth Circuit’s ruling.