Word: souter
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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...
...only Justice Souter, but also, possibly, Justice Breyer—and maybe even Justice [Sandra Day] O’Connor—could be attracted to the statutory argument,” Martha L. Minow, the Smith professor of law at Harvard who helped to organize the faculty brief, wrote in an e-mail. Minow was one of a team of Harvard Law professors who organized the filing of the brief among the faculty—along with Frank I. Michelman, who is the Walmsley University professor at Harvard, and David J. Barron...
...seasoned legal analyst who viewed the arguments today, concurred with Tribe’s assessment. “Based on the questions [from the justices], I thought there was a clear majority for upholding the Solomon Amendment,” said Toobin, a former editorial chair of The Crimson.ONLY SOUTER SEEMS PERSUADEDJustice David H. Souter ‘61, a onetime Lowell House resident who provided The Crimson with two tickets to today’s oral arguments, appeared to be particularly sympathetic to FAIR’s free-speech claims. The law schools argue that the Solomon Amendment hinders...
...Souter told Clement, “You are forcing [the law schools], in effect, to underwrite your speech, up to a point, and you are forcing them to change their own message. You are forcing them into hypocrisy...
...Souter appeared to have few allies in this case. “Only Justice Souter is a very clear vote for the First Amendment argument” offered by FAIR, Tribe said...