Tuesday, March 07, 2006

Solomonic Wisdom

Overturning a lower court ruling, the Supreme Court unanimously upheld the Solomon Amendment, which cuts funding to colleges that don't allow military recruiting on campus.

I have some misgivings about the opinion. The Court dismissed the various First Amendment arguments--regarding expressive conduct and association--a bit too easily. This may cause trouble down the road. (I'm ignoring the situational ethics of the academics who brought the suit--many have no trouble with harsh speech codes, for instance, and happily support the government requiring colleges to jump through hoops elsewhere.)

Overall, I can't say the opinion is a surprise. The colleges had a pretty weak case, or should I say the government had a strong one. For years, they've been paying the piper and calling the tune. That this shouldn't apply where they have a clear mandate--raising an army--would almost be absurd.

I was a bit surprised all the Justices agreed. Is this a harbinger of the Roberts' Court?

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