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During oral arguments in Rumsfeld v. FAIR last Tuesday, Justices Antonin Scalia and Anthony M. Kennedy seemed surprised by Clement’s concession...

Author: By Javier C. Hernandez, CRIMSON STAFF WRITER | Title: Solomon Law Might Not Bar Jeering | 12/13/2005 | See Source »

Burt wrote that “if I had been arguing for FAIR, I would have taken a leaf from Justice [Antonin] Scalia’s book of statutory interpretation” and argue that the court should look to the clear meaning of the Solomon Amendment’s text—and not only to Congress members’ intents...

Author: By Daniel J. Hemel, CRIMSON STAFF WRITER | Title: Harvard Profs’ Brief Could Still Sway Court | 12/8/2005 | See Source »

...have the discrimination against hiring gay people?”“Yes, your honor,” Rosenkranz replied, directly contradicting the Harvard professors’ brief.Before that dramatic moment three-quarters of the way through oral arguments, the justices appeared sympathetic to the statutory claim.Justice Antonin Scalia pounced on the government’s top attorney, Solicitor General Paul D. Clement, after Clement said that the military “simply asks for what other employers receive.”Scalia, a 1960 graduate of Harvard Law School, retorted: “But these institutions, I gather...

Author: By Daniel J. Hemel, CRIMSON STAFF WRITER | Title: Court Seems Ready To Uphold Solomon Law | 12/7/2005 | See Source »

...faculties. Though HLS is not a member, Harvard has gone on record supporting FAIR’s arguments. Throughout the afternoon, most of the students were openly derisive toward Solicitor General Paul D. Clement, who represented the government, and the justices who appeared to side with him. When Justice Antonin Scalia first said “homosexual,” one student mocked Scalia, saying “‘Homosexuals,’ who I hate by the way.” Later when Scalia said “objection to homosexuality” when he meant...

Author: By Paras D. Bhayani, CONTRIBUTING WRITER | Title: HLS Students Predict Loss for FAIR | 12/7/2005 | See Source »

...Justice Antonin Scalia pounced on the government’s top attorney, Solicitor General Paul D. Clement, after Clement said that the military “simply asks for what other employers receive...

Author: By Daniel J. Hemel, CRIMSON STAFF WRITER | Title: Justices Skeptical of Free Speech Argument in Solomon Case | 12/6/2005 | See Source »

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