Summary
This lawsuit challenges university status discrimination in a limited public forum–a claim never recognized by the U.S. Supreme Court. The University has 9 student lounges. For decades, the university has leased the 9 student lounges exclusively to the same 9 student organizations called student cultural centers–including Queer Student Cultural Center, Mi Gente Latinx, Feminist Student Activist Collective, Al Madinah Cultural Center and Black Student Union. The university does not allow other student organizations, based on their status as non-lessees, to apply to lease any of the 9 student lounges. Under the Supreme Court’s current viewpoint neutrality decisions, proving that the university’s leasing policy is actually promoting the 9 student organizations’ views by the leases is difficult. So, plaintiffs are proposing to the U.S. Supreme Court to recognize status discrimination claims against universities in addition to the already-recognized viewpoint discrimination claims.
Overview
Reason to Invest:
​Universities have established limited public forums exclusively benefitting progressive organizations. These universities do not even allow conservative organizations to apply for access to the limited public forum. Current viewpoint discrimination precedents are legally insufficient for the federal courts to enjoin the universities’ practices. The case, if successful, will create a status discrimination claim precedent, applicable to all schools nationwide, which will be available for federal courts to enjoin limited public forums exclusively benefitting progressive organizations.
Team
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Gregory M. Erickson
Contact Me: (612) 979-9791
Education University of Minnesota Law School, Minneapolis, Minnesota J.D. - 1997 Honors: cum laude Miami University, Oxford, Ohio B.A. - 1993 Honors: Cum Laude Major: Political History Science Bar Admissions Minnesota Wisconsin United States Supreme Court U.S. Court of Appeals 7th Circuit U.S. Court of Appeals 8th Circuit U.S. District Court Eastern District of Wisconsin U.S. District Court Western District of Wisconsin U.S. District Court Northern District of Illinois Representative Cases Advanced Communication Design v. Follett, 615 N.W. 2d 285, 2000 Pergament v. Loring Properties, Ltd., 599 N.W.2d 146, 1999 Digital Resources LLC v. James Loestetter, et. al., 246 B.R. 357, 2000 Past Positions Rider Bennett, LLP, Partner Professional Associations Minnesota Bar Association, Member Hennepin County Bar Association, Member American Bar Association, Member Certified Legal Specialties M.S.B.A. Board Certified Real Estate Specialist
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Elizabeth Nielsen
Contact Me: (612) 979-9791
Education University of Illinois College of Law, Illinois J.D. - 2022 Honors: magna cum laude Honors: Rickert Award for Excellence in Advocacy Honors: Paul M. Lisnek Award for Excellence and Ethics in Trial Advocacy Southern Illinois University, Carbondale, Illinois B.A. - 2014 Honors: summa cum laude Honors: Chancellor’s Scholar Major: Political Science Major: Theater Minor: French Bar Admissions Minnesota Michigan Pennsylvania U.S. Court of Appeals 3rd Circuit U.S. Court of Appeals 6th Circuit U.S. Court of Appeals 8th Circuit U.S. Court of Appeals 9th Circuit U.S. District Court District of Minnesota U.S. District Court Eastern District of Michigan
Erick G. Kaardal
Contact Me: (612)-341-1074
Education University of Chicago Law School, Chicago, Illinois J.D. - 1992 Harvard College Honors: magna cum laude Honors: U.S. Army Reserve Officer Training Corps scholarship Major: Economics Bar Admissions Minnesota Wisconsin U.S. Supreme Court U.S. Court of Appeals District of Columbia Circuit U.S. Court of Appeals Federal Circuit U.S. Court of Appeals 3rd Circuit U.S. Court of Appeals 6th Circuit U.S. Court of Appeals 7th Circuit U.S. Court of Appeals 8th Circuit U.S. District Court District of Minnesota U.S. District Court Eastern District of Wisconsin U.S. District Court Western District of Wisconsin U.S. District Court Central District of Illinois U.S. District Court Northern District of Iowa U.S. District Court District of Idaho U.S. District Court Northern District of Georgia U.S. District Court Eastern District of Michigan U.S. District Court Western District of Michigan U.S. District Court Western District of Pennsylvania U.S. Court of Federal Claims U.S. Tax Court Representative Cases Republican Party of Minnesota v. White (U.S. Supreme Court victory 5-4), 2002 Minnesota Voters Alliance v. Mansky (U.S. Supreme Court victory 7-2), 2018 Honors Outstanding Contribution to the Cause of Liberty, Institute for Justice Minnesota Lawyer, Lawyer of the Year, 2018 Life Legal Defense Foundation "Defender of Life" Award Winner – 2021 Pro-Bono Activities Republican Party of Minnesota, Past Secretary/Treasurer John Adams Society, Past Chairman Minnesota Chapter of the Federalist Society, Advisory Board Member Past Positions Mohrman, Kaardal & Erickson, PA - since January 1, 2000 Trimble & Associates, Ltd., Associate Attorney, 1994-1999 Faegre & Benson, Associate Attorney, 1992-1994 U.S. Army Reserves, Minnesota and Illinois National Guard, Field Artillery Officer, Captain (retired)
About
Project Pitch (Strategy… Why You will Win):
Problem
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Public universities have created limited public forums exclusively favoring progressive student groups, excluding other student groups​
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Solution
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We need a federal complaint that has a national impact enjoining these university policies favoring progressive student groups
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The VNN! Complaint focuses on the U.S. Supreme Court recognizing for the first time that status discrimination claims can be brought against universities for limited public forums exclusively favoring progressive groups, excluding other groups​​
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Viability
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An earlier 8th Circuit decision recognized status discrimination claims
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But, a 4th Circuit decision is opposed
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The hope is the U.S. Supreme Court will grant a writ of certiorari and adjudicate the claims
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Desired Outcome
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The U.S. Supreme Court taking the case to recognize status discrimination claims against universities
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Reimbursement of Attorneys Fees
Organization Information:
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Great Education Initiative
The Great Education Initiative is a non-profit organization dedicated to advocating for premium public education. We believe that all students should have access to a high quality education with the resources they need to succeed while aligning with their family's values. We are committed to amplifying the voices of our parents, students, and public school initiatives.
Our mission is to promote a culture of excellence in public education by advocating for the rights of parents, the safety and security of students, and an orthodox education. We are committed to fighting for the future of our youth and the advancement of our public school system.
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It takes a great deal of work and sacrifice to build a successful enterprise. When the government seeks to derail that success, you have a right to protect the fruits of your labor. Mohrman, Kaardal & Erickson, P.A., defends family-owned businesses, small companies and nonprofits that have been sued by the government.
Our accomplished trial lawyers enable “the little guy” to stand up against the considerable power of the government, whether they are fighting City Hall, the state attorney general or a federal agency. Our team provides actionable advice and legal firepower to push back against government overreach and abuse of power to safeguard business interests and personal liberties.
Milestones
Phase -1 COMPLETE
$100,000 U.S. District Court work
Motion to dismiss practice, discovery, motion for summary judgment practice
Phase - 2 COMPLETE
$50,000 U.S. Court of Appeals work
Notice of appeal, principal brief, reply brief, oral argument
Phase - 3 ACTIVE
$50,000 Petition to U.S. Supreme Court
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Petition for writ of certiorari, reply to opposition to petition for writ of certiorari
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Phase -4
$100,000 U.S. Supreme Court (if petition for writ of certiorari is granted)
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Principal brief, reply brief and oral argument.
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Project Milestone Fees include a 20% Administrative Expense which covers items including website, legal, accounting, management, and advertising.