Word: amendmenteers
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If O’Connor has already left her post before the court decides the FAIR lawsuit—and if Alito does not vote on the case—then FAIR would only need four justices’ votes to uphold a federal appellate panel’s decision...
In May, appellate lawyer Howard J. Bashman, who filed a friend-of-the-court brief arguing that the Bush administration’s military recruitment policy is indeed constitutional, predicted that at least seven justices would vote to uphold the Solomon Amendment. In a phone interview with The Crimson this...
The fight over military recruitment centers on law schools’ opposition to the “don’t ask, don’t tell” policy, but FAIR’s case primarily rests on First Amendment claims.
Fallon, Field, and Minow—along with 37 fellow Harvard Law professors—signed a friend-of-the-court brief in September arguing that the school can bar military recruiters from campus without violating the Solomon Amendment. By requiring the Pentagon to sign a nondiscrimination pledge, the Law...
“I do not have any reason to believe that Judge Alito, once elevated to be Justice Alito, would be likely to accept a constitutional challenge to the Solomon Amendment,” Minow wrote in an e-mail. “The statutory interpretation argument offered in...