Posted on 12/04/2005 7:07:16 PM PST by rface
This case is the number 2 reason Spector delayed the Alito confirmation hearings. The number 1 reason is the abortion notification now in front of the court.
Alito will recuse himself from te actual decison, putting the Constitutionality of the decisions at risk.
Jerks.
Harvard doesn't have to allow recruters on their campus, since they are a private school.....but they know the price of this action......no constitutional issue....is there?
Does a government that distributes funding have the right to determine terms and conditions under which those funds are distributed?
Nobody has a RIGHT to federal funds. They have rights to life, liberty, and the pursuit to happiness, but they don't have a right to put their hands in the till.
It seems to me that that is the basic issue.
I am not an attorney, that may be self evident. However, I think the only cases that come before SCOTUS are those that deal with Constitutional issues.
Just enforce USC Title 18, Chapter 115 Sec 2388. Case closed.
What recruiters? The ones from our military or the taliban and the Iraqi insurgents?
Congress should simply remove this case from the Court's jurisdiction. Of course, that would take the balls to face down the Shrieking Eels on the other side of the aisle...
I don't see how they win this case. Gays are not a protected class in this country. Unless they start making up some equal protection garbage (which has been liberal courts' modus operandi for ages now), I don't see what grounds they have.
How are they going First Amendment on this one? Their freedom of speech is one thing, but having the government thrown off the premises because it does not Havard's own system of governance AND THEN demanding that funding should continue pushes this into some nebulous law-law ;) land.
well of course, you said it yourself, they just "make it up" so they can make law in a case like this. this case shouldn't even be before the court, its open and shut, congress made a law, its not abriding on anyone constitutional rights, it should be followed.
A supreme court that could make up a constitutional right to buggery, which reversed an earlier decision, could make a case for nearly anything, unfortunately. It's why we have to take our courts back from the judicial tyrants who are running them now.
because when you look at who actually runs the government apparatus in this country - its loaded top to bottom with ivy leaguers.
He who pays the piper picks the tune.
I hear military recruiters kidnap college students and send them straight off to fight in wars. /sarcasm
The Supreme Court has no authority under the Constitution to force Congress to give money to Harvard, or anyone else. To do so would be to usurp a power specifically granted to Congress by the Constitution. They can decide spending is unconstitutional, but can't decide not spending is.
bump
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