In the Solomon Amendment, Congress conditioned the acceptance by educational institutions of federal funds on nondiscriminatory treatment of military recruiters on campus. I first heard about the case challenging the constitutionality of the Solomon Amendment over parent’s day weekend at Yale in the fall of 2003. In “Yale v. U.S. Military, Round 2,” I sought to convey my contempt for the lawsuit and its advocates, whom I had observed in action that weekend. I think that column stands up pretty well, even though the lawsuit has succeeded beyond my worst nightmares to this point. With any luck, Judge Roberts will be on board when the baloney meets the grinder in the Supreme Court next term.
Last week NRO posted a column on the merits of the lawsuit: “The wisdom of Solomon?” NR intern Anthony Paletta called George Mason Univesity Law School Dean Daniel Polsby — the coauthor of an amicus brief supporting the law — for comment. Dean Polsby seems to share my views regarding the demerits of the case and its academic proponents:
“This is not a free speech case