September 18, 2007

The New York Law Journal reports that certain Yale Law profs' last hope, to get the 2nd Circuit Court of appeals to explicitly disagree with the Supreme Court's upholding of the Solomon Amendment, has been dashed. The Circuit agreed, in Burt v. Gates, that Yale Law (my alma mater) can be denied federal funding for barring military recruiters from its campus.

I am proud that George Mason, alone among all law schools, filed an amicus brief arguing that the Solomon Amendment was constitutional. A unanimous 2006 U.S. Supreme Court agreed that the government's policy of withholding money to schools that bar military recruiters does not violate the First Amendment.

The 2nd Circuit grudgingly conceded that Yale has "no First Amendment claim that is not either lacking in merit or that has not already been rejected by the Supreme Court."