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...that New Jersey could not prevent the Boy Scouts from ousting a homosexual scoutmaster. Now, a team of gay rights activists and law school professors hopes to wrest a major victory from the jaws of defeat.The June 2000 case, Boy Scouts of America v. Dale, could figure prominently in oral arguments this morning as the justices consider a high-profile dispute over campus military recruitment. A coalition of three-dozen law schools, the Forum for Academic and Institutional Rights (FAIR), will ask the justices to overturn the so-called Solomon Amendment, a statute first passed by Congress in 1994 that...
Prior to the 10 a.m. oral arguments, a group of six people protesting on behalf of GodHatesFags.com, an anti-gay website sponsored by the Westboro Baptist Church of Topeka, Kan., picketed on the bottom stairs of the court while yelling epithets against homosexuals...
Before that dramatic moment three-quarters of the way through oral arguments, the justices appeared sympathetic to the statutory claim...
...justices could avoid the complicated First Amendment issues by deciding the case on other grounds, and tomorrow’s oral arguments could provide an indication as to whether the high court will sidestep FAIR’s controversial claims...
...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 Clinton...