Solomonia

George Mason University Law School Professor and Dartmouth College Trustee Todd Zywicki has been following the litigation over the Solomon Amendment at the Volokh Conspiracy, most recently here and here (featuring an excellent letter to the editor of the Crimson).

On Monday Center for Individual Rights director Gerald Walpin defended the Solomon Amendment in a good column published in the Wall Street Journal: “The wisdom of Solomon.” Walpin filed an amicus brief in the Supreme Court supporting the government’s position “on behalf of [CIR], 54 law students and eight Medal of Honor recipients.” Today in the Weekly Standard’s editorial David Tell takes a painful look at the argument advanced by the FAIR law school plaintiffs: “Solomonic nonsense.”

The legal merits of the FAIR lawsuit rival those of the obesity lawsuits brought by overweight consumers of fast food outlets –- they are, so to speak, slim to none. After the Supreme Court has had its say in the case, perhaps some knowledgeable observer of the Third Circuit will explain how FAIR persuaded two of the three judges on the panel that held in its favor to adopt the extraordinarily strained argument on which the case is premised.

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