An unsolomonic decision in peril

The Supreme Court heard oral argument today in the case of Rumsfeld v. F.A.I.R., which tests the constitutionality of the Solomon Amendment. That Amendment requires colleges receiving federal funds to give military recruiters the same access to students that it gives to other potential employers on campus. The U.S. Court of Appeals for the Third Circuit struck down the law.

This is a matter that Power Line, and especially Scott, has followed for some time. For excellent background on the case, check out the week-long debate between our friend Daniel Polsby and William Eskridge (or for an overview read the accompanying blurb).

The New York Times’ report on the oral argument can be found here. The Times doesn’t shed much light on how the argument went, but it manages to take a shot at the late Congressman Gerald Solomon.

Lyle Denniston has a more serious discussion SCOTUSblog. He predicts, as I have, that the Solomon Amendment will be upheld. Indeed, “aside from Justice Ruth Bader Ginsburg and, possibly, Justice David H. Souter, the so-called ‘Solomon Amendment’ appeared to draw no serious opposition from the bench.”


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