Word: amendmenteers
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Meanwhile, University President Lawrence H. Summers said in a statement last night that Harvard will file a friend-of-the-court brief today urging the Supreme Court to invalidate the Solomon Amendment, the statute initially passed by Congress in 1994—and subsequently modified—that allows the...
In a separate brief that will be filed today, about 40 Harvard professors, including Kagan, urge the high court to overturn the Solomon Amendment, said Smith Professor of Law Martha L. Minow.
A federal appellate panel in Philadelphia ruled last year that the Solomon Amendment “requires law schools to express a message that is incompatible with their educational objectives” and therefore violates the schools’ free-speech rights. The panel suspended the enforcement of the amendment...
But the panel consisted of judges from the Third Circuit Court of Appeals, and its ruling did not make clear whether the Solomon Amendment still applied outside the Third Circuit—which has jurisdiction over Delaware, New Jersey, Pennsylvania, and the U.S. Virgin Islands.
“This is a First Amendment case, and South Dakota v. Dole doesn’t control this because that wasn’t a First Amendment case. All the First Amendment precedents are firmly on our side,” Greenfield said.