There would be basis, based on William Kirk allow illegal protests by the Gay protesters and anti-military protesters, but then prosecuted people who protested based on Catholic beliefs.
Additionally, there are the 100+ Bishops/Archbishops/Cardinals that were against Father Jenkins and Notre Dame and, in a sense, supportive of the ND 88.
Even though the ND 88 may not want to win lawsuits for millions of dollars against Notre Dame, it might get the lawsuits against them dropped.
And if they do win, they could donate the money to PRO-LIFE causes.
The reason Notre Dame would want to NOT HAVE the potential of a $2.2 BILLION lawsuits against them is the possibility of the ND 88, no matter how small.
That would cripple a University, and Notre Dame might be forced to throw in the towel, and cry uncle.
And it would make the ND 88 sleep better at night...
Even if there is only a 2% chance of the ND 88 winning a countersuit, that is a 2% chance of winning $2.2 billion
Most Risk Management folks would tell you, yes -- the possibility is slight of them winning, but if they do win, it is catastrophic to Notre Dame...
Sort of like a 2% chance of an oil spill like the one in the Gulf of Mexico (which cost British Petroleum billions of dollars -- as well as the US Government and the state of Louisiana).
“I have sent an email to Thomas More Society suggesting that each one of the ND 88 sue Notre Dame University for $25 million each.”
An excellent idea. Kudos!