Good news just in via Breitbart/Reuters:
A unanimous U.S. Supreme Court ruled on Monday that universities that get federal funds must allow military recruiters on campus, even if their law schools oppose the Pentagon’s policy prohibiting openly gays and lesbians from serving.
The high court upheld as constitutional a federal law dating back to 1994 that allows the government to withhold money from universities that deny military recruiters the same access to campuses given to other employers.
Reader Paula D. writes:
The Chief Justice shows some brilliant and biting wit, shredding the argument of the law schools in this excerpt from the opinion:
“…Nothing about recruiting suggests that law schools agree with any speech by recruiters, and nothing in the Solomon Amendment restricts what the law schools may say about the military’s policies. We have held that high school students can appreciate the difference between speech a school sponsors and speech the school permits because legally required to do so, pursuant to an equal access policy… …Surely students have not lost that ability by the time they get to law school.”
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.
Let’s see if they’ll put their money where their mouths are now.
Reader John B. writes:
Regardless of what the schools NOW decide to do in the future, they should have to forfeit all federal funds they have received since they instituted the anti-militray recruiting policy.
ABP is reminded of an old story…
John Fund’s follow-up on the Taliban mouthpiece now studying at Yale is especially timely:
Are there no limits to how arrogant and out-of-touch America’s Ivy League schools can get? Last week it emerged that Sayed Rahmatullah Hashemi, former deputy foreign secretary of the Taliban, is now a student at Yale while at the same time the school continues to block ROTC training from its campus and argues for the right of its law school to exclude military recruiters. King George’s troops played the music to “The World Turned Upside Down” as they surrendered at Yorktown. Perhaps the Ivy League should adopt that tune as they surrender all vestiges of common sense.
Clinton W. Taylor, Yale grad, spoofs.
Power Line weighs in, with reax from George Mason University Law School Dean Polsby, who filed an amicus brief supporting the government’s position.
SCOTUS Watch: Rumsfeld vs. FAIR