"And what does the LORD require of you But to do justice, to love kindness, and to walk humbly with your God"
-- Micah 6:8

"The duty of the prosecutor is to seek justice, not merely to convict."
-- American Bar Association Standard 3-1.2(c)

"There may be a legitimate diversity of opinion even among Catholics about waging war and applying the death penalty, but not however with regard to abortion and euthanasia."
--Pope Benedict XVI, June 2004

Tuesday, March 07, 2006

The SCOTUS yesterday decided 8-0 that the First Amendment is not violated by the Solomon Amendment's requirement of equal access for military recruiters to law school campuses which receive federal money. Amici for the anti-military position: Yale, Harvard, Columbia, New York University, Cornell and U Penn. The only law school amicus arguing for the military recruiters? My alma mater, George Mason, whose Dean had this to say about the Supremes unanimous slap down of the Ivy Leaguers:
This is really a stinging rebuke, not only to FAIR but to an entire industry that has become complacent and self-indulgent. Many law professors really do believe, with the late Justice Brennan, that their own strongly-held policy preferences are all encoded somehow in the Constitution. This is a timely reminder that it just isn’t so.
HT: Todd Zywicki at Volokh.

4 comments:

Anonymous said...

I don’t see why the dean of a TTT needs to take a swipe at Justice Brennan. He isn’t on the court. Unfortunately, too many people have been talking about this decision without reading it, which is un-American and helps the terrorists.

Clark Kent said...

I read the decision, anon- and don't forget it was UNANIMOUS. If you don't think that law professors aren't firmly ensconced in their ivory towers, you are seriously out of touch. I'm also not sure how recruiting American citizens to serve in the American military "helps" the terrorists- rest assured that you can still sleep well tonight under the blanket of freedom they provide.

Anonymous said...

Clark, Since you read the decision, you must have read every decision this term, and you would know that most of their decisions have been unanimous. (If you have not read all of them, then you cannot call yourself an American, obviously.) While the lay people have been howling “it was unanimous” like it proves something, they are silent, when the court has resolved circuit splits 8-0 this term on many other issues (e.g. regarding the jurisdiction of federal courts to hear discrimination claims). Because they have been silent on these decisions, but screech on FAIR, I think they have not read any of them, and therefore are more sympathetic to the enemies of this country.

Although most people on this board support this board, few of them actually served. (I understand it is hard, the pay isn’t that good, and there is a slight risk of dying.) However, since JAG recruiters don’t rely on campus interviewers in the same way that law firm recruiters do, this decision does very little. Moreover, since the CAAF has held that merely being a homosexual is not grounds for a bad conduct discharge (or any penal sanction), a recruiter can probably honestly say that homosexuals are not discriminated against in the military.

USA #1

Faithmy said...

"Since you read the decision, you must have read every decision this term"

This isnt a logical statement. Cite your sources.