Posted on 03/06/2006 7:57:14 AM PST by stan_sipple
The Supreme Court has decided Rumsfeld v. FAIR, the Solomon Amendment case, and has reversed the Third Circuit and upheld the statute in a 21-page opinion by Chief Justice Roberts. The vote was 8-0, with Justice Alito not participating. From the conclusion of the opinion:
(Excerpt) Read more at volokh.com ...
Common sense is returning to the US. I like it...
Would you explain this result. Is this about whether the military can recruit on campus or not?
You mind interpreting what this means to us non-lawyers whove never heard of the case or what it concerns???
CJ Roberts coming through
OK. Yes I read this elsewhere but I didn't recall the name of the suit. It is great news.
Roberts: "A military recruiter's mere presence on campus does not violate a law school's right to associate, regardless of how repugnant the law school considers the recruiter's message,"
CJ Roberts said law schools must allow military recruiters to interview law students, and this does not inhibit the schools' first amendment association rights.
General Roberts reporting for duty. I like this.
Keeping military recruiters out of law student interviews was discrimination. The big lawfirms and crybaby legal service organziations cant hire everybody
Somewhere in San Francisco, professors are weeping in despair.
The federal law, known as the Solomon Amendment after its first congressional sponsor, mandates that universities give the military the same access as other recruiters or forfeit federal money. College leaders have said they could not afford to lose federal help, some $35 billion a year.
In 1995, Congress passed the first Solomon Amendment, denying schools that barred military recruiters from campus any funds from the Department of Defense. The next year, Congress extended the law’s reach to include funds from the Departments of Education, Labor, and Health & Human Services.In 1999, legislation shepherded by Rep. Barney Frank removed financial aid funds from the federal monies potentially affected by the Solomon Amendment.
Defense Department regulations proposed in 2000 and formally adopted in 2002 exponentially toughened the law by interpreting it to require revocation of federal grants to an entire university if only one of the university’s subdivisions (its law school, for example) runs afoul of the law.
In 2005, Congress amended the law to explicitly state that military recruiters must be given equal access to that provided other recruiters.
from: http://www.law.georgetown.edu/solomon/contacts.html
Press Contacts
Members of the press seeking information on FAIR v. Rumsfeld and/or the Solomon Amendment may contact the following participants in the case.
Forum for Academic and Institutional Rights (FAIR) – Organizational Plaintiff:
Chai R. Feldblum, FAIR Board Member
Professor, Georgetown University Law Center
202-662-9595; feldblum@law.georgetown.edu
The Necessity & Limits of Solomon Amelioration
(Letter to the Editor of the Georgetown Law Weekly)
Panel Remarks on FAIR v. Rumsfeld
Kent Greenfield, Founder & President
Professor, Boston College Law School
617-552-3167; greenfik@bc.edu
Imposing Inequality on Law Schools (Washington Post Op-Ed)
Society of American Law Teachers (SALT) – Organizational Plaintiff:
Paula Johnson
Professor, Syracuse University College of Law
pcjohnso@law.syr.edu
Sylvia Law
Professor, New York University Law School
212 998 6265; sylvialaw@aol.com
Michael Rooke-Ley
Emeritus Professor of Law
541-344-0768; union2757@msn.com
Recruiter Resistance: Law Schools Are Asked to Accept Discrimination
Named Individual Plaintiffs:
Leslie Fischer, leslie.fischer@jefferson.edu
Pam Nickisher, 201-572-1576; pamnickisher@hotmail.com
Plaintiffs’ Counsel at Heller Ehrman LLP:
Sharon E. Frase, Shara.Frase@hellerehrman.com
Warrington S. Parker III, Warrington.Parker@hellerehrman.com
Josh Rosenkranz, Joshua.Rosenkranz@hellerehrman.com
The Solomon Amendment requires universities that receive federal funding for any of their activities to provide military recruiters access to their students equal to that provided to recruiters for other potential employers of those students. The law schools in this case contested that provision, contending their free speech rights were violated by the military's "don't ask, don't tell" rule against homosexuals serving. The law schools argued their free speech rights were violated because, they contended, providing such equal access meant they were forced implicitly to endorse the military's policy on service by homosexuals. The Third Circuit Court of Appeals supported the law schools' position. The Supreme Court has just reversed that decision and held that the Solomon Amendment can be enforced against the law schools. This is a BIG WIN for common sense and national security.
The law schools in this case contested that provision, contending their free speech rights were violated by the military's "don't ask, don't tell" rule against homosexuals serving.
Should reading "openly and flamingly serving"
"military's policy on service by homosexuals" Ewww!
Another note. Good for CJ Roberts. But it was also an 8-0 shutout.
Anyone have a link to the actual decision..wouldnt mind reading Roberts language in this
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