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...have the discrimination against hiring gay people?”“Yes, your honor,” Rosenkranz replied, directly contradicting the Harvard professors’ brief.Before that dramatic moment three-quarters of the way through oral arguments, the justices appeared sympathetic to the statutory claim.Justice Antonin Scalia pounced on the government’s top attorney, Solicitor General Paul D. Clement, after Clement said that the military “simply asks for what other employers receive.”Scalia, a 1960 graduate of Harvard Law School, retorted: “But these institutions, I gather...

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

Justice Antonin Scalia pounced on the government’s top attorney, Solicitor General Paul D. Clement, after Clement said that the military “simply asks for what other employers receive...

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

...Scalia, a 1960 graduate of Harvard Law School, retorted: “But these institutions, I gather, would not allow other employers who have the same policy against the hiring of homosexuals to interview at their institutions. So you’re receiving what other employers in the same position would receive...

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

...Scalia suggested that, by FAIR’s logic, nearly anyone could break the law and claim free-expression protections...

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

...cannot convert a law into a law directed at First Amendment rights—can you?—by simply saying the reason I am disobeying it is to express, whatever disaffection with the war, homosexuality, or anything else,” Scalia 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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