An important case to follow

The Supreme Court has agreed to review a court of appeals decision holding that the Solomon Act is unconstitutional. The Solomon Act cuts off federal funding to schools that inhibit or bar military recruiting. A group of law schools argued that threat of losing federal funds effectively forces them to support, accommodate and even endorse discrimination against gays and lesbians in violation of their First Amendment rights of free speech and association. The Third Circuit Court of Appeals agreed.
Scott wrote about that un-Solomonic decision here, here, and here. I commented on the issue here.
Orin Kerr predicts that the Supreme Court will reverse and that the vote won’t be close.


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