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The court historically has granted extra deference to the military. And according to Polsby, the stipulations of the Solomon Amendment are far less onerous than, say, the military draft.

Author: By Daniel J. Hemel, CRIMSON STAFF WRITER | Title: Court Could Sidestep Constitutional Claims | 12/5/2005 | See Source »

But according to a September brief from FAIR, “the courts traditionally defer to the military” only on “complex, subtle, and professional” decisions regarding issues such as strategy and training. By contrast, a court of nine law school graduates is ?...

Author: By Daniel J. Hemel, CRIMSON STAFF WRITER | Title: Court Could Sidestep Constitutional Claims | 12/5/2005 | See Source »

But government lawyers could cite a friend-of-the-court brief filed by two former defense secretaries, four admirals, and 20 generals—including former presidential candidate Wesley K. Clark and two former chairmen of the Joint Chiefs of Staff—testifying that the Solomon Amendment is ?...

Author: By Daniel J. Hemel, CRIMSON STAFF WRITER | Title: Court Could Sidestep Constitutional Claims | 12/5/2005 | See Source »

Law and the other plaintiffs hope that—rather than deciding the case on statutory or national security grounds—the justices tackle FAIR’s innovative First Amendment arguments head-on.

Author: By Daniel J. Hemel, CRIMSON STAFF WRITER | Title: Court Could Sidestep Constitutional Claims | 12/5/2005 | See Source »

­­—The next installment in The Crimson’s two-part Rumsfeld v. FAIR preview will explore the far-reaching ramifications of FAIR’s First Amendment arguments.

Author: By Daniel J. Hemel, CRIMSON STAFF WRITER | Title: Court Could Sidestep Constitutional Claims | 12/5/2005 | See Source »

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