Might Makes Right?

In Rumsfeld v. Forum for Academic and Institutional Rights, FAIR's attack on the Solomon Amendment (which would bar federal grants to a university if it, or any of its schools, precluded military recruiters from recruiting on campus) received a chilly reception from the Court at oral arguments on Tuesday.

The Solomon Amendment was in response to the policy of the American Association of Law Schools to require prospective employers, including the military, to pledge nondiscriminaiton on the basis of sexual orientation as a condition of on-campus recruiting. Over time, the denial of funding expanded from just Department of Defense funds to all federal funding.

The USDC for the District of New Jersey denied the govenrment's motions to dismiss as well as FAIR's motion for a preliminary injunction barring enforcement of the Solomon Amendment. On appeal, the Third Circuit found that FAIR had a likelihood of success on the merits of its First Amendment claims, and held that FAIR was entitled to the preliminary injunction. The government appealed to the Supreme Court.

For a good review of the issues and the arguments see Linda Greenhouse's article in the Times, and Tony Mauro's piece in the Legal Times. Copies of the briefs filed in the Supreme Court are available here.