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To: CIB-173RDABN
Funding had nothing to do with the decision. It was a straight first amendment decision.

"This case does not require us to determine when a con dition placed on university funding... becomes an unconstitutional condition. It is clear that a funding condition cannot be unconstitutional if it could be constitutionally imposed directly... the First Amendment would not prevent Congress from directly imposing the Solomon Amendment's access requirement, "

164 posted on 03/06/2006 8:17:08 AM PST by mrsmith
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To: mrsmith
"This case does not require us to determine when a con dition placed on university funding... becomes an unconstitutional condition. It is clear that a funding condition cannot be unconstitutional if it could be constitutionally imposed directly... the First Amendment would not prevent Congress from directly imposing the Solomon Amendment's access requirement, "

The direct decision may not have been affected by the new conservatives on the court, but under the previous judges the stated rationalle--and thus the precedent set--could have been different. It might well have sought to cement federal supremacy.

BTW, out of curiosity, if a decision is 8-0 but the primary decision is supported by four judges and a concurrence by the four others, what determines precedent?

309 posted on 03/06/2006 9:13:14 PM PST by supercat (Sony delenda est.)
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