Word: solomonic
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Rosenkranz wanted the court to rule instead that the Solomon Amendment violates schools’ free-speech rights by forcing them to spread the military’s anti-gay message. But only one justice, David H. Souter ’61, seemed inclined to support FAIR’s constitutional arguments Tuesday...
...decision on constitutional issues at any cost,” University of Pennsylvania law professor Stephen B. Burbank ’68, who is the Watson visiting professor at Harvard this semester, wrote in an e-mail yesterday. Burbank and his fellow Penn colleagues filed a separate anti-Solomon Amendment suit—in part because of concerns about Rosenkranz’s strategy, he said...
...that wasn’t the consensus throughout the anti-Solomon Amendment camp...
Burt wrote that “if I had been arguing for FAIR, I would have taken a leaf from Justice [Antonin] Scalia’s book of statutory interpretation” and argue that the court should look to the clear meaning of the Solomon Amendment’s text—and not only to Congress members’ intents...
Moreover, even if the high court delivers a victory to the law schools on statutory grounds, Congress can simply change the Solomon Amendment to express its intentions...