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| SCOTUS rules campuses must allow military recruiters | |
| 2006-03-06 | |
Justices rejected a free-speech challenge from law school professors who claimed they should not be forced to associate with military recruiters or promote their campus appearances. Chief Justice John Roberts wrote the decision, which was unanimous. Law schools had become the latest battleground over the "don't ask, don't tell" policy allowing gay men and women to serve in the military only if they keep their sexual orientation to themselves. Many universities forbid the participation of recruiters from public agencies and private companies that have discriminatory policies. Roberts, writing his third decision since joining the court, said there are other less drastic options to protest the policy. "A military recruiter's mere presence on campus does not violate a law school's right to associate, regardless of how repugnant the law school considers the recruiter's message," he wrote. The federal law, known as the Solomon Amendment after its first congressional sponsor, mandates that universities give the military the same access as other recruiters or forfeit federal money. College leaders have said they could not afford to lose federal help, some $35 billion a year. The court heard arguments in the case in December, and justices signaled then that they had little problem with the law. Roberts filed the only opinion, which was joined by every justice but Samuel Alito. Alito did not participate because he was not on the bench when the case was argued. "The Solomon Amendment neither limits what law schools may say nor requires them to say anything," Roberts wrote. The case is Rumsfeld v. Forum for Academic and Institutional Rights, 04-1152. | |
| Posted by:lotp |
| #6 The law has said for many decades that any private institution that accepts any form of federal student aid or other publicly subsidized aid, however partial, is akin to a public land grant institution and must allow ROTC andor mil recruitment. |
| Posted by: JosephMendiola 2006-03-06 21:57 |
| #5 I am not convinced these schools care about the DON'T ASK, DON'T TELL policy - for me its more a cover for a basic issue, i.e. that Lefties can claim they don't have to fight in any war iff they don't want to but are still entitled to the rights, priveleges, and PUBLIC AIDS $$$ of full American citizenship. In WW2 many men whom successfully claimed CONSCIENTIOUS OBJECTOR to war or combat were still taken by the armed forces and placed in medical or other OBA support units. These lib schools know that without federal funding, or lower federal funding, they would have to charge private tuition rates which would escalate costs for students and eventually induce many schools into banruptcy due to low attendance coupled with higher faculty costs. |
| Posted by: JosephMendiola 2006-03-06 21:51 |
| #4 "...on political grounds, about the complexion of the new court" Uh, OK. What I found striking was that the university types swayed NOT ONE of the existing liberals on the court. Not ONE. |
| Posted by: Jatle Unolush6139 2006-03-06 12:58 |
| #3 The SCOTUS was also sending a message to all the liberal law schools who opposed military recruiting on political grounds, about the complexion of the new court. |
| Posted by: Anonymoose 2006-03-06 12:38 |
| #2 Yeah, and while you're at it, turn over your commie professors. |
| Posted by: wxjames 2006-03-06 10:54 |
| #1 The vote was 8-0, with Justice Alito not participating. |
| Posted by: Ominese Clainter3533 2006-03-06 10:48 |