Word: briefing
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...answer is almost certainly no,” according to Laurence H. Tribe ’62, the Loeb university professor at Harvard who was an organizer of the faculty’s brief and who has argued more than three-dozen cases before the high court...
According to a New York University constitutional scholar who is one of the named plaintiffs in the initial FAIR suit, Sylvia Law, “the arguments presented in the Harvard brief are not as strong as those presented by FAIR...
...military and its supporters in Congress “actually want more than equal treatment; they want special treatment,” Law wrote in an e-mail. “Were the Court to adopt the statutory reading advanced by the Harvard brief, we can be pretty confident that Congress will quickly change the words...
...Harvard professors’ brief could still sway the justices—even if FAIR doesn’t raise the point. The dean of George Mason University School of Law and a prominent Solomon Amendment supporter, Daniel D. Polsby, wrote in an e-mail, “I would not be surprised if the Dellinger brief came up at oral argument.” (The lead counsel on the Harvard faculty brief is actually a Duke University professor, Walter E. Dellinger III, who served as the Justice Department’s top lawyer before the high court under President...
Meanwhile, the government’s lawyers will contend that the Solomon Amendment is necessary “in order to recruit the most talented men and women into the armed services,” as they argued in a brief filed this past July...