Posted on 03/06/2006 9:36:44 AM PST by crushelits
The Supreme Court ruled unanimously Monday that colleges that accept federal money must allow military recruiters on campus, despite university objections to the Pentagon's "don't ask, don't tell" policy on gays.
Justices rejected a free-speech challenge from law schools and their professors who claimed they should not be forced to associate with military recruiters or promote their campus appearances.
Chief Justice John Roberts, writing for the court, said that the campus visits are an effective military recruiting tool.
"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.
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.
The ruling was announced on a day that the court was jammed with visitors from the military, all dressed in uniform. Justices heard arguments in the case in December, and signaled then that they were concerned about hindering a Defense Department need to fill its ranks when the nation is at war.
"This is an important victory for the military and ultimately for our national security," said Jay Sekulow, chief counsel for the American Center for Law and Justice.
The court's decision upholds a law that requires colleges that take federal money to accommodate recruiters.
College leaders have said they could not afford to lose federal help, some $35 billion a year.
Roberts, writing his third decision since joining the court last fall, said there are other less drastic options for protesting the policy. "Students and faculty are free to associate to voice their disapproval of the military's message," he wrote.
"Recruiters are, by definition, outsiders who come onto campus for the limited purpose of trying to hire students — not to become members of the school's expressive association," 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.
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.
Alito sat out; the arguments were heard before he was sworn in to the SCOTUS.
Canteen Ping...and a few other friends too...
Universities have no right to close their campuses to Military Recruiters! WOOOHOOOOO!!!! SCOTUS one right for a change!!!
YES!!! :o)
COOL rack Justice John Roberts and Supremes LOL!
OH MAN I bet Duers are freaking out NOW LOL!
If the USSC votes 8 to 0, on the issue, the issue itself held little to no merit.
Since the issue was put forth by law school profs and department chairs, one could reasonably expect a convincing argument.
This tells me those profs and chairs are incompetent, if they can't even sway the likes of Ginsburg, Breyer, Souter.
Just a lay analysis of the overall implication.
Yeah get Ann Coulter as Dean of the University well she is lawyer or expert in law is she???? LOL!
I find it very suprising that it is Rumsfeld like DON RUMSFELD everybody fav Pentagon secretary LOL!
If you really think about it he is head of Pentagon so not suprise LOL!
Can you imagine when law professor teach on this case Rummy's name be in this law case they have said Rumsfeld name in law school class LOL!
TOO FUNNY
I just hope Rummy don't have any kinfolks in going to Law school that poor kin folkd would have wrath of his teacher on his a*** LOL!
The Golden Rule. He who supplies the Gold makes the Rules.
BTTT
The simple fact is that if a school doesn't want to have a government body or agency come to their campus, they shouldn't have to. But they shouldn't expect that the government should still have to pay them.
I wonder if these same groups would try to keep Hamas or Islamic Jihad from being able to come on campus as well. I doubt it.... need to be sure that they get to express themselves. They just want to dominate and kill us.
Mark
Well lah-tee-effing-dah, you elitist pr!cks.
Too bad for the good Judge Alito that he hadn't been seated in time for arguments. He could have been involved in a nice, sparkling shutout/perfect game.
(spring training has begun)
Good! This should put a halt to all the nonsense at high schools, as well!
get Ann Coulter as Dean of the University
Dean? That's insulting. President!
Amazing. They ALL got it.
Now when they protesters try to block access to the recruiters they need to enforce USC Title 18, Chapter 115, Section 2688. That would be sweet.
Will this decision also work to let recruiters onto the high school campuses of San Francisco? If refused, could the city of communists lose all federal school money?
That might cause the communist running San Francisco to go further nuts.
I like the idea of withholding my money from communists. I hope the high schools in SF refuse fed money. They would immediately cease to exist because communism cannot exist on its own, without being supported by the state using someone elses money no matter how much better "our" communists think they are.
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