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.
2 comments:
It seems to me that the failure of FAIR to persuade even one SCOTUS justices is all you need to know about the litigaton prowess and legal judgment of the professors who supported and ran that organization.
Keep in mind that these folks are top notch, highly paid and credentialed professors in the best law schools in the country.
But the next time you see a letter from this group opposing a nominee of a Rebublican president, or supporting a nominee of a Democrat president, or decrying some policy or other, remember this case. Eight to zero. A skunking.
What I don't quite understand is what these profs tell their classes tomorrow.
"Yes, I know, the USSC handed me a dunces cap and told me to sit in the corner but I want you to play close attention to what I have to say."
"Um, Prof, the USSC said you don't know your ass from six bits. How is this class going to help me pass the bar? This class cost me some real dough!"
"What's your name, again?"
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