Word: briefing
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Justice Sandra Day O’Connor also suggested that she might support for the Harvard professors’ brief. The Solomon Amendment, according to O’Connor, “says the military must have equal access with any other employer. Now any other employer is subject to the same policy, presumably, of the law school...
...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...
...ultimately, the knock-out punch to the Harvard professors’ brief came not from Clement—but from FAIR’s top lawyer Rosenkranz...
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...
Laurence H. Tribe ‘62, the Harvard professor who organized the filing of his colleagues’ friend-of-the-court brief, said their statutory argument appeared to be doomed yesterday...