Thursday, May 05, 2005


Even more on the Solomon Amendment

Professor Marci Hamilton of Cardozo School of Law has come to the conclusion that the Solomon Amendment is constitutional. Just to clarify my earlier opinion, I agree with Professor Hamilton (and a host of others) on the constitutionality of the Solomon Amendment. Where we differ is in our faith that the Supreme Court will get it right. I am a skeptic of appellate jurisprudence, and I have known too many clerks to think that judges don't know how they are going to rule before the specific facts or oral arguments are before them. I hope I'm wrong in this case.

(Thanks to Instapundit for the story link!)

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