Monday, May 02, 2005


Supreme Court to hear Solomon Amendment case

I have to admit that I am surprised that the Nine Riders of the Apocalypse have agreed to hear Rumsfeld v. Forum For Academic and Institutional Rights, the case involving military recruiters being banned from college campuses (mostly those with the Ivy growing on the walls) due to the "don't ask, don't tell" policy and the rights of the Pentagon to cut off funding for those schools that disallow such recruiters. The government has to distinguish this case from Boy Scouts of America v. Dale, another recent case involving homosexuality, where the Boy Scouts were allowed to disqualify homosexuals as troop leaders. Apparently, some of the Supremes felt that the government has a case here.

An early prediction based on my theory that appellate courts drive outcome-based jurisprudence - the government gets smacked down again, just like it did at the 3rd Circuit.

I'm not saying that is the right result. In fact, rarely will I ever predict the correct outcome from the Nine Riders of the Apocalypse. That is the case here - I fully expect the wrong result.

UPDATE: While I was surprised that the Supreme Court is hearing the case, Volokh predicted last November that they would hear it. But then again, that is why he is teaching at UCLA Law and I am not. Heck, Professor Reynolds at Instapundit is touting Volokh for the Supreme Court.

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