Supreme Court Upholds Law on Military Recruiters

This is a news alert I received from Inside Higher Ed but it does not appear to be on their website yet. It is significant that Alito was not involved in that his arguments for joining the Princeton group (CAP) was that the group fought to allow ROTC back on campus.

In a slam-dunk rebuke to the nation’s law schools, the U.S. Supreme Court on Monday unanimously upheld the constitutionality of a federal law that requires colleges to give military recruiters access to their campuses.

The eight justices — not including Samuel A. Alito Jr., who joined the court after the oral argument in the case occurred in December — agreed that the so-called Solomon Amendment does not restrict educational institutions’ rights to freedom of speech or association, as a coalition of law schools had argued.

“A military recruiter’s mere presence on campus does not violate a law school’s right to associate, regardless of how repugnant the law school considers the recruiter’s message,” Chief Justice John G. Roberts Jr. wrote in his opinion for the court.

The Supreme Court’s ruling overturns a June 2004 decision by the U.S. Court of Appeals for the Third Circuit, and sends the case back to that court to reconsider.

More information on this case will be available on our Web site, at

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