The Supreme Court ruled unanimously today that colleges must allow military recruiters on campus if they accept federal funds.
Chief Justice Roberts wrote the opinion in the case of Rumsfeld v. FAIR.
The Supreme Court reversed the 2-1 decision of the Third Circuit in FAIR v. Rumsfeld.
Most interestingly, the unanimous court suggests that Congress could have unconditionally required campus military recruiting under Article I Section 8 of the Constitution. Instead, Congress enacted the Solomon Amendment, which ties military recruiter access to a college's receipt of federal funds.
I wonder if Congress will consider additional legislation based on this court's view of Article I Section 8?
Flares commenter CF and University of Wisconsin Law Professor Ann Althouse both commend the Chief Justice on his clearly written opinion. CF recommends: "If you've a high school student at home, you might want to hand it to him/her to read."
ScotusBlog has some preliminary comments on the decision here.
Anne Bayefsky explains
27 minutes ago