Monday, May 02, 2005

Solomon to the Supreme Court

The Supreme Court has granted cert to determine whether or not the Solomon amendment (which strips federal funding from colleges which don't allow military recruiters on-campus to protest "don't ask, don't tell") is unconstitutional. The 3rd Circuit said it was, but Orin Kerr predicts a 9-0 reversal (Eugene Volokh is just proud he made a correct prediction at all).

Paul Horwitz has an absolutely wonderful post on the matter which explains why the court should, cautiously and carefully, rule the amendment to be constitutional. Crescat Sententia doesn't agree with Horwtiz's position, and claims (and I think this is true), that every thing about this whole case is idiotic:
I think there is a lot of lousy policy here on all sides. The military shouldn't discriminate against gays in the military, but it does. The federal government shouldn't demand that schools let the military recruit on campus, but it does. The schools shouldn't try to keep the military off, either, but they do. A bunch of powerful institutions duke it out, with nary an individual right in sight.

Amen, brother.

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