Word: amendmenteers
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The justices’ move is the latest development in the bitter courtroom battle over the Solomon Amendment, a law initially passed by Congress in 1995 that requires schools to give military recruiters access to students as a condition for receiving federal funding. A Philadelphia-based Third Circuit panel ruled...
At the time, Harvard took no legal action against the Pentagon, but a coalition of 31 law schools and faculty groups—calling themselves the Forum for Academic and Institutional Rights (FAIR)—filed a suit against six Bush administration cabinet officials, charging that the Solomon Amendment...
The Supreme Court’s move further delays the implementation of the appellate panel’s ruling. In January, the Third Circuit, siding with a Justice Department motion, agreed that its decision to overturn the Solomon Amendment would not go into effect until after the justices weighed in...
Since both the Third Circuit ruling in the FAIR case and the Bridgeport judge’s decision in the Yale dispute deemed the Solomon Amendment unconstitutional, some experts had said the justices might wait to weigh in on the issue until a conflict arose among the lower courts.
“If the Supreme Court was uncertain as to whether the Solomon Amendment was unconstitutional, they might have been more willing to postpone review until other circuits considered that question,” said Howard J. Bashman, a Pennsylvania attorney and appellate law expert.