In 1995 Congress enacted the Solomon Amendment requiring universities to treat military recruiters like other prospective employers on campus as a condition of the universities’ receipt of federal funds. Last year the Forum for Institutional and Academic Rights (“FAIR”) brought a lawsuit to enjoin the government from enforcing the Solomon Amendment. I compared the merits of FAIR’s lawsuit to the merits of the obesity lawsuits — “slim to none” — in “Yale vs. U.S. Military, Round 2.”
Today a three-judge panel of the United States Court of Appeals for the Third Circuit ordered that enforcement of the Solomon Amendment be preliminarily enjoined in a lengthy 2-1 decision; the court’s opinion is FAIR v. Rumsfeld. The New York Times reports on the decision in “Court allows universities to bar military recruiters.”
As my column of last year suggests, I think the Third Circuit decision is absurd. It deserves much further analysis and comment; I intend to return to the subject when I have had time to read the court’s decision in its entirety.
Most Read on Power Line
- Best. Supreme Court. Brief. Ever.
- More Proof That Liberals Are Humorless Losers
- As Obama Delays Obamacare Again, Julie Boonstra Strikes Back
- Exclusive to Power Line: Koch Industries Responds to New York Times Smears
- Latest News on the Climate Change Collapse
- The Week in Pictures: Crimea River Edition
Subscribe to Power Line by Email
Find us on Facebook
“Arise and take our stand for freedom as in the olden time.” Winston Churchill
“Proclaim Liberty throughout All the land unto All the Inhabitants Thereof.” Inscription on the Liberty Bell