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Rumsfeld 8, Yale Law School

Tue Mar 07, 2006 6:27 am

Kudos to the U.S. Supreme Court, which ruled unanimously (8-0, because Justice Alito joined the court too late to participate) that Congress was within its authority to withhold federal funding from law schools that discriminate against military recruiters. In the case, Rumsfeld v. Forum for Academic and Institutional Rights, the court noted:

“This case does not require us to determine when a condition placed on university funding goes beyond the "reasonable" choice offered in Grove City and becomes an unconstitutional condition. It is clear that a funding condition cannot be unconstitutional if it could be constitutionally imposed directly. Because the First Amendment would not prevent Congress from directly imposing the Solomon Amendment's access requirement, the statute does not place an unconstitutional condition on the receipt of federal funds.”

8-0 would be the legal equivalent of a WWF smackdown.

While I oppose the military's "don't ask, don't tell" regulation, Yale's action of preventing military recruiters on campus was just as absurd as the rule they were protesting.
"Suppose you were an idiot. And suppose you were a member of Congress. But I repeat myself." Mark Twain, a Biography

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