Word: fairing
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...Fried, who has argued more than 30 cases in front of the Supreme Court, said the justices’ ultimate verdict on the FAIR suit is “really very hard to predict...
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...
...Frase expressed confidence that FAIR would prevail. “We relied from the outset on established Supreme Court precedent that supported our arguments, and we’re just looking forward to seeing our strategy come to fruition,” she said...
Ironically—given that the Third Circuit’s ruling in FAIR was hailed by gay rights 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...