Word: amendmenteers
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Attorneys for a network of law schools asked a federal appeals court to immediately halt enforcement of the Solomon Amendment in a brief filed Monday.
But a lawyer for FAIR and its fellow litigants, E. Joshua Rosenkranz of the New York law firm Heller, Ehrman, White and McAuliffe, predicted that the Philadelphia-based Third Circuit Court of Appeals, which has a “history of respectful application of the First Amendment,�...
The FAIR brief argues that Lifland’s ruling bucked the Supreme Court’s June 2003 decision in Grutter v. Bollinger. In that case, which addressed the use of race as part of the criteria for admission at the University of Michigan Law School, the Court affirmed...
“Judge Lifland got it wrong,” Rosenkranz said. “He made one mistake that permeated the entire opinion: to treat nondiscrimination policies as conduct rather than as speech and thereby to take it out of the First Amendment rubric.”
The plaintiffs argued for immediate action against the Pentagon because “each day of this First Amendment violation is irreparable harm that outweighs the minimal impact on the military’s effort to recruit lawyers,” according to the brief filed Monday.