The Solomon Amendment conditions the receipt by universities of federal funds on their allowing military recruiters access to university students on campus. Elite law schools, deans and professors have strenuously resisted the Solomon Amendment. In 2003 they commenced litigation challenging the constitutionality of the Solomon Amendment under the auspices of the Forum for Academic and Instituional Rights (FAIR). The litigation is now before the Supreme Court and will be one of the most important cases decided in the Court’s new term. The Standard has posted my column on the Solomon Amendment litigation: “JAGs not welcome.”
Among the good guys coming to the defense of the Solomon Amendment in the litigation are John Eastman and our friends at the Claremont Institute who have filed this amicus brief, and Dean Daniel Polsby at the George Mason University Law School who has filed this amicus brief on behalf of 32 law professors and 57 law students at over two dozen law schools. (Thanks to TaxProf Blog.)
UPDATE: Perry Pendley of the Mountain States Legal Foundation writes:
Mountain States Legal Foundation filed a brief on behalf of Richard Pombo, the lead sponsor of the Solomon Amendment, and 3 law students from the 3rd Circuit. MSLF was the only one filing an a.c. brief at the petition stage. MSLF’s brief on the merits is available here.