Word: briefing
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...former U.S. attorney general and a former clerk to Justice Clarence Thomas have filed a friend-of-the-court brief in the high-profile Solomon Amendment case arguing that if the controversial amendment is overturned, the entire constitutional justification for federal aid to universities will be undermined...
According to the brief, “The Constitution contains no enumerated power delegating to the federal government specific authority over education.” Instead, the brief argues, “the most solid footing for federal financial grants to local institutions of higher education appears to be the power delegated to Congress in Article I, Section 8 of the Constitution ‘to raise and support Armies...
Therefore, the Solomon Amendment, which requires schools that receive federal funds to grant military recruiters “equal access” to students, is “the very condition which renders federal spending permissible,” the brief argues...
...lawyer who drafted the brief, John C. Eastman, acknowledged in a phone interview yesterday that his argument is not likely to draw the support of a majority of the justices. But Eastman, who clerked for Thomas in the 1996-1997 term, said that he will consider his effort a success if one of the justices—most likely Thomas—recognizes the brief’s argument...
Tyler Professor of Constitutional Law Richard H. Fallon said that Eastman’s brief presents “an argument with no foundation whatsoever in the decisions of the Supreme Court, going back to the 1930s.” But, Fallon said, the prospect of Thomas including the brief’s argument in a concurring opinion lies “entirely within the realm of possibility...