Monday, March 06, 2006

SCOTUS rules in Solomon Amendment Case

Today the High Court threw a considerable set back on those hippies that keep handing out fliers to protest the military's "don't ask, don't tell" policy (The case is titled FAIR v. Rumsfeld). The policy instituted during Clinton's administration was challenged by a collaborative of liberal law schools who were forced to choose between the receipt of federal funds and barring the military from conducting interviews on campus. Hamline is one of the many schools that raises a large stink, via advertisements and emails/letters from our Dean protesting this policy around the law school. (I am unsure if we participated in the lawsuit in any capacity).

The schools argued that the government was interfering with its First Amendment freedom of speech by making so onerous the conditions of the federal funds that it effectively prevented the schools from advocating socially responsible policy (consistent with each schools' views). The Court, however, apparently turned the case on the distinction between speech and conduct. Plainly the schools can and will make known their liberal ideology in the manner that Hamline does. However allowing military on campus was the condition precedent to idealogues such as Hamline (sarcasm) getting a boat load of cash. The Hamlines of the world are NOT willing to sacrifice the dough necessary to maintain their independence and moral superiority, or so it appears.

{Update: I wanted to note a few of the better comments at the link above.
One notes that Harvard and the other law schools are "firing at the wrong target"--that the military only follows Congress and the President's lead. It is truly hard to believe that the legislation and con law geniuses at Harvard don't know this. Ergo, the attack should be aimed at Congress.

Second, this story, though a bit bawdy, is illustrative (attributable to George Bernard Shaw, I believe) : A man approached a woman and asked for sex in return for 1 million pounds, she said yes. He then asked if she would sleep with him for 10 pounds, enraged, she asked "what kind of a woman do you think I am!" To which he replied, "Madam, we've already determined that, we're just haggling over price."}