Word: breyers
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When Justice Stephen G. Breyer asked FAIR attorney E. Joshua Rosenkranz point-blank whether law schools that hold recruiters to the nondiscrimination pledge are violating the Solomon Amendment, Rosenkranz responded...
...Breyer, a 1964 graduate of Harvard Law School, asked during oral arguments Tuesday, “Why not interpret the statute in the way that the amicus brief suggests in order to avoid the difficult constitutional question...
...think it’s most likely that Justice Breyer would raise the statutory argument in the justices’ conference,” Yale law professor Robert A. Burt wrote in an e-mail. “Breyer took the clearest initiative in raising it with the solicitor general...
...brief presented a statutory argument that the military already had “equal access” to students because all recruiters were faced with the same nondiscrimination pledge.But FAIR’s lead attorney, E. Joshua Rosenkranz, appeared to reject that argument under questioning from Justice Stephen G. Breyer yesterday.Breyer asked, “Do you agree with the government that the statute as fairly interpreted is violated when schools issue rules uniformly applied to all employers that you can’t come in if you have the discrimination against hiring gay people...
...decide the issue on statutory grounds. Most said that the justices did not seem convinced by FAIR attorney E. Joshua Rosenkranz’s arguments with regard to free speech. They pointed out that even the more liberal members of the court—including Justices Steven G. Breyer and John Paul Stevens—seemed skeptical of Rosenkranz’s claims that the Solomon Amendment amounted to “compelled speech” and violated the First Amendment. “It looks like the government is going to win the case,” Daniel...