A former part-time legal writing instructor who claimed that the University of Iowa College of Law refused to hire her because of her conservative political views lost her bid Monday asking the U.S. Supreme Court to review of her case.

The justices, without comment, denied review in Manning v. Jones, a nearly decade-long effort by Teresa Manning to prove discrimination in the law school's decision not to hire her as a full-time instructor in 2007.

Manning sued former Dean Carolyn Jones in 2009 in federal district court. She alleged Jones violated her First Amendment and due process rights. She claimed the school hired instructors with less experience but who fit in with a liberal faculty milieu.

Faculty members testified during two trials that Manning was passed over because of poor performance in interviews, not her political views.

A jury in 2012 deadlocked but after the panel was brought back to clarify whether it was deadlocked on both claims, judgment was entered for Jones on the First Amendment claim and for Manning on the due process and equal protection claims. The U.S. Court of Appeals for Eighth Circuit reversed and remanded for a new trial.

The Supreme Court in March 2012 declined to review the appeal by the Iowa attorney general, counsel to Jones. A jury in the second trial in 2015 rejected Manning's discrimination claims. A different panel of the Eighth Circuit affirmed.

In Manning's petition to the Supreme Court, her lawyer, John Regan of Rochester, New York, argued that Jones should have been judicially estopped from arguing at the second trial that she was not liable because the faculty made hiring decisions and not her. Jones, according to Regan, had changed her position in the first appeal and had argued that the dean was the decision-maker.

Regan, urging review of Manning's petition, told the justices that there is national confusion over whether judicial estoppel can be applied against the government in favor of a private litigant.

Jones's counsel, George Carroll of the Iowa Attorney General's Office, waived the state's right to respond to the petition.

The National Association of Scholars, in an amicus brief by former Virginia Attorney General Kenneth Cuccinelli in support of Manning, told the justices:

“This brief submits that the intellectual and political culture within most American law schools is overwhelmingly liberal, even what has been called 'radical,' and is also hostile to opposing views such as petitioner's; and, many within legal education state explicitly that this state of affairs is due to political animus and political discrimination against conservative and libertarian faculty candidates, consistent with petitioner's proven claims.”

Cuccinelli said denying review would be a “missed opportunity to be serious about the First Amendment in higher education and restore much-needed balance to American legal education.”

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