Should State Universities Have Official Positions on Whether Constitution Should Be Read as Protecting Abortion?

Eugene Volokh:

I don’t think that a public university’s “mission and values” should be to promote a reading of the Constitution as securing abortion rights, or as not securing abortion rights, as opposed to promoting research on this and related questions. And while of course a public university that runs hospitals should generally perform legal medical procedures, and train doctor with regard to legal medical procedures, I don’t think that justifies the university taking a stand on whether such legality is determined by state legislatures or by Supreme Court Justices.

That’s especially so when, as the UCLA Chancellor’s follow-up letter points out, “The decision is not expected to affect women’s reproductive rights in California,” so UC doesn’t even have much of a direct interest in the outcome of Dobbs as it affects its own operations. (There may be more room for statements by a public university president as to political decisions that do directly affect the operations of the university, such as changes in funding, statutes related to student admissions, and the like.)

More broadly, I tend to agree with the 1970 statement by the Office of the UC President:

There are both educational and legal reasons why the University must remain politically neutral. Educationally, the pursuit of truth and knowledge is only possible in an atmosphere of freedom, and if the University were to surrender its neutrality, it would jeopardize its freedom. Legally, Article IX, section 9, of the State Constitution provides in part that “The University shall be entirely independent of all political or sectarian influence and kept free therefrom in the appointment of its regents and in the administration of its affairs…”