Posted on 12/04/2005 9:48:46 PM PST by Daralundy
Law schools adopt an Orwellian theory in an effort to keep the military out.
Imagine a college accepting your donation, then saying that you cannot have the same access to the school as all other alumni--but that you must continue making donations. Unbelievable? But that is what most law schools now claim: The U.S. government must continue funding universities to the tune of hundreds of millions, despite their decision to deny military recruiters the same access to students granted to all other recruiters.
Tomorrow the Supreme Court will hear FAIR v. Rumsfeld, an appeal from a 2-1 decision by the Third U.S. Circuit Court of Appeals holding that it is unconstitutional for the federal government to condition its funding to universities on military recruiters being afforded equal access to students. The case arises out of an attack on the Solomon Amendment, enacted by Congress in 1994 and signed into law by President Clinton, which mandates that federal funds be withheld from any university in which any part (for example, a law school) denies military recruiters that access.
The Supreme Court has previously sustained the "wide latitude" that Congress has "to attach conditions on the receipt of federal assistance," in order to further a government interest. All parties in this case agree that military recruitment is an important government interest.
Although recognizing the general right of the government to condition its funding, the Court of Appeals struck down the Solomon Amendment on the ground that it violates the universities' academic freedom not to appear to endorse the military's "Don't Ask Don't Tell" policy regarding gays in the military. This conclusion makes no sense. All that the government asks is that students who wish to hear a military recruiter's message have the same access as students do to hear other recruiters' messages.
(Excerpt) Read more at opinionjournal.com ...
The case arises out of an attack on the Solomon Amendment, enacted by Congress in 1994 and signed into law by President Clinton, which mandates that federal funds be withheld from any university in which any part (for example, a law school) denies military recruiters that access.
Wow, I missed that one! Clinton signed that? Somebody must have had a gun to his head.
Wow, talk about 'reaching'. I can't believe they made this ruling based on protecting the homosexual agenda, but that's exactly what they did. There is probably at least one homosexual judge involved in this decision.
You know how politics works, this bill probably contained other laws or provisions that were favorable to Bubba's agenda.
I find it hard to accept that this was 1994 legislation, and signed by Clinton. Good, sensible, intelligent legislation?
Really, can courts mandate that government spend money on certain things?? Sounds like a bad idea, and a violation of the separation of powers.
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