Word: circuiter
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...Supreme Court’s move further delays the implementation of the appellate panel’s ruling. In January, the Third Circuit, siding with a Justice Department motion, agreed that its decision to overturn the Solomon Amendment would not go into effect until after the justices weighed in on the issue. Thus HLS—which reinstated its rule limiting campus military recruitment in the aftermath of the Third Circuit ruling—technically stands in violation of the Solomon Amendment, which currently remains on the books...
Since both the Third Circuit ruling in the FAIR case and the Bridgeport judge’s decision in the Yale dispute deemed the Solomon Amendment unconstitutional, some experts had said the justices might wait to weigh in on the issue until a conflict arose among the lower courts...
Bashman, who represented three law school veterans groups that filed friend-of-the-court briefs on the government’s behalf in an earlier stage of the FAIR case, predicted that the justices would strike down the Third Circuit ruling by at least a 7-2 margin. “And it’s likely to be unanimous,” he said...
...When the military is forcing law schools to hand out their recruiting literature, post their job announcements, and e-mail students to set up interviews, they’re being forced to disseminate the government’s message of discrimination,” Frase said. The Third Circuit panel majority agreed, ruling that law schools are “expressive associations” and cannot be compelled to advocate a viewpoint against their will...
...advocates—the panel’s majority opinion cites the Supreme Court’s 2000 ruling in Boy Scouts of America v. Dale, which upheld the scouts’ right to prevent an openly gay man from serving as a troop leader. According to the Third Circuit, the Boy Scouts cannot be compelled to include gays, just as law schools cannot be forced to include discriminatory employers at recruiting events...