Word: argument
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Dates: during 2000-2009
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...Harvard professors’ friend-of-the-court brief presented a statutory argument that the military already had “equal access” to students because all recruiters were faced with the same nondiscrimination pledge...
...FAIR’s lead attorney, E. Joshua Rosenkranz, appeared to reject that argument under questioning from Justice Stephen G. Breyer yesterday...
...Breyer, a 1964 graduate of Harvard Law School, specifically cited the Harvard professors’ argument, asking rhetorically, ”Why not interpret the statute in the way that the amicus brief suggests in order to avoid the difficult constitutional question...
Asked afterward whether he had sought to dismiss the statutory claim, Rosenkranz said, “I believe I effectively dodged the question by saying that we did not raise the argument. I hope that’s what I did. I certainly don’t want to lose another vote if that’s a basis for siding in our favor...
Experts weren’t surprised that FAIR spurned the statutory argument, since Congress could just amend the law again. A Philadelphia attorney who had filed a brief supporting the government’s case, Howard J. Bashman, noted that FAIR had prevailed in the Third Circuit Court by arguing on free-speech, not statutory, grounds...