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...chance at victory by refusing to advance an argument made by 40 Harvard law professors that initially appeared to attract the support of several justices.The statute in question, known as the Solomon Amendment, allows the Pentagon to withhold federal funds from schools that deny the military “equal access” to their campuses. Harvard Law School and many of its peers require recruiters to sign a pledge stating that they will not discriminate against gays.The military, which bars gays from serving openly under its “Don’t Ask, Don’t Tell?...

Author: By Daniel J. Hemel, CRIMSON STAFF WRITER | Title: Court Seems Ready To Uphold Solomon Law | 12/7/2005 | See Source »

...over 100 happened in as the clock approached noon. In the case, Rumsfeld v. Forum for Academic and Institutional Rights (FAIR), FAIR is challenging the constitutionality of the Solomon Amendment, a statute that allows the Department of Defense to suspend federal funding to universities that deny “equal access” to military recruiters. FAIR is composed of 36 law schools and law faculties. Though HLS is not a member, Harvard has gone on record supporting FAIR’s arguments. Throughout the afternoon, most of the students were openly derisive toward Solicitor General Paul D. Clement...

Author: By Paras D. Bhayani, CONTRIBUTING WRITER | Title: HLS Students Predict Loss for FAIR | 12/7/2005 | See Source »

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...

Author: By Daniel J. Hemel, CRIMSON STAFF WRITER | Title: Justices Skeptical of Free Speech Argument in Solomon Case | 12/6/2005 | See Source »

Clement, who became solicitor general this year, just 13 years after graduating from Harvard Law School, at first sought to convince the justices that Congress intended to ensure the military more than “equal access” with the amendment...

Author: By Daniel J. Hemel, CRIMSON STAFF WRITER | Title: Justices Skeptical of Free Speech Argument in Solomon Case | 12/6/2005 | See Source »

...noted that the “equal access” clause was added to the Solomon Amendment last year in an effort to clarify and strengthen the terms of the law. “The statute is a recognition of the fact that the military is not like any other employer for purposes of its policies and its treatment of homosexuals,” Clement said...

Author: By Daniel J. Hemel, CRIMSON STAFF WRITER | Title: Justices Skeptical of Free Speech Argument in Solomon Case | 12/6/2005 | See Source »

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