We are also left with gross inconsistencies. Yesterday's ruling suggested that Brown improperly eliminated donor-funded varsity teams from its plan in order to drive down the number of male athletes. Donor-funded teams must be counted, the court said. Yet the same ruling said donor-funded teams cannot be counted as opportunities for women because such teams are inferior. Donor-funded teams, it appears, can be counted only against men, but not for women.
Similar inconsistencies persist with regard to counting junior varsity players.
The remedy announced by the court yesterday is a stunning reversal of the court's consistent statement that Brown would be free to design its own solution within its own priorities. The suddenness with which the court abandoned Brown's right to choose and the willingness of the court to micromanage leave us no choice but to challenge the ruling as an abuse of judicial discretion when the University pursues its appeal.