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Yeah, but it’s kinda hard imagining them taking it up. It seems to hinge on a poorly based finding of fact, rather than a legal precedent.

1) Do I for a second believe that the NC judges were being anything other than nakedly political when they determined that Porter couldn’t establish that he was injured? No.

2) Ironically, I believe it WAS part of Porter’s job to object to the diversity question; he would’ve been doing his job more poorly to have failed to prevent NC State’s faceplant, which now looks illegal to the Supreme Court. In the context, it would seem necessary to disavow that he was speaking as a professor at that university.

3) Do I believe Porter was being discriminated for his viewpoints? Hell, yeah. But it is also reasonable to find that “Give me a f***ing break” is disrespectful and unprofessional. Just like point 1, that makes this a matter of a finding of fact, notof the law.

He probably has better legal minds than mine, but as an amateur, I believe Porter’s best chances would be to refile his lawsuit, this time on the grounds that the notion that only a black professor could write ACADEMIC RESEARCH papers on race violates racial equality following the recent Students for Fair Admissions v. Harvard case. Establishing that his employers were acting illegally could even justify the outrage behind, “give me a f***ing break.”