« Home | Beer Review: Flying Dog In-Heat Wheat Ale » | When Senators Run the Show » | America and the Courts » | Beer Review: Smithwick's Ale » | Law Student Blogger Directory » | The Dubitante Opinion » | Scalia: Let Joe Six-Pack Decide » | Chief Justice Roberts: Uniter, Not Divider » | Judge Sykes' Speech Getting Attention » | Former Thomas Clerk is New CJ of Colorado » 

Monday, March 20, 2006 

Solomon Duel

Duke Law Professor Erwin Chemerinsky has an interesting little opinion piece in the Richmond Times-Dispatch about the recent decision concerning the Solomon Amendment. Chemerinsky was one of the plaintiffs arguing against the Constitutionality of the law. He also thinks that the Court totally got the case wrong...
The Court's decision is inconsistent with basic, longstanding First Amendment principles. It is well-established that the government cannot condition a benefit on a requirement that a person give up a constitutional right.
Chemerinsky is one of the top Constitutional law scholars in the country and an occasional Supreme Court litigator. He was also unanimously rebuffed by the Court.

George Mason Law Professor Joseph Zengerle has a view from the other side. George Mason was the only law school (though they had some help from people from other institutions) to submit a brief in favor of the government's position. George Mason is also famous (infamous?) for being a repository of conservative and libertarian legal scholars. Their position was...
...that the power of Congress under the Spending Clause of the Constitution to "raise and support Armies" allowed the conditioning of federal money on granting law school access to JAG recruiters equal to that provided other employers.
There is something about that argument that is instinctively right to me. Apparently, the Court agreed too.

Edit Comment

About me

  • I'm Steve
  • From Milwaukee, Wisconsin, United States
  • "There is only one basic human right, the right to do as you damn well please. And with it comes the only basic human duty, the duty to take the consequences." P.J. O'Rourke
  • E-mail Me
My profile