Comments on: Military Recruiting Restrictions

By: H3 Watches

H3 Watches — Fri, 10 Mar 2006 10:09:35 +0000

Hi There I found your blogg when doing a search, not what I was after but hello anyway :-)

By: DosPeros

DosPeros — Wed, 07 Dec 2005 04:16:46 +0000

I heard on NPR today a discription of the oral arguments. Apparently, the Justices were not very receptive of FAIR’s argument. Even Bier apparently chimed in in defense of the military.

By: BrianOfAtlanta

BrianOfAtlanta — Tue, 06 Dec 2005 22:28:29 +0000

Speaking of the door swinging both ways, if the justices of the Third Circuit think the Solomon Amendment violates the academic freedom of the universities, I wonder how they feel about Title IX, which is much more invasive of academic freedom?

The government invades “academic freedom” all the time by conditioning its funding upon certain behavior of universities. This ruling makes no sense.

By: DosPeros

DosPeros — Tue, 06 Dec 2005 05:29:31 +0000

As one who worked for the Air Force JAG Corp, I think this opinion is an unfortunate constitutional joke and will be overturned by the Supreme Court.

There is something in this opinion to show, other than bad law produced by result-bent judicial philosophizing and that is the utter hypocracy of the judical and legal left. As President of the Federalist Society, the university of the law school that I attended, tried to force me to put a homosexual anti-discrimation clause in our student constitution.

The Federalist Society, neither at the national or at any student chapters that I know of, discriminates against homosexuals. In fact, I’m sure that a significant number of homosexuals are in the Federalist Society. I put in our constitution that the Student Chapter of the Federalist Society was fully committed to the constitutional mandates of Boy Scouts v. Dale. They, the student government, said — “Way to get in line” and “recognized” the Federalist Society. This is ironic, to me anyway, because FAIR relies heavily on Dale in its Expressive Association analysis.

First of all, the longer the opinion generally the worse the precedent, the worse the law. The 3rd Circuit really constrained itself to 102 pages. Have fun with parsing out all the little tidbits in this one.

FAIR based its argument on the uncostitutional “conditions” doctrine of First Amendment analysis, which says, “the Government ‘may not deny a benefit to a person on a basis that infringes his constiutionally protected interests-especially, his interest in freedom of speech.”

Well, that is great! That means neither can public universities or public law schools. The Christian Legal Society and the Federalist Society just became much stronger on law school campuses. And both organizations should invite the armed services on campus and have JAG week. God Bless the Doctrine of Unforseen Constitutional Consequences. Or perhaps forseen.

Please, if someone can explain to me how the door can not or does not swing both ways, please come forth.

By: michael reynolds

michael reynolds — Mon, 05 Dec 2005 23:17:24 +0000

I don’t know the legalities, and I agree that the military is wrong on gays, but the idea that campuses would prohibit military recruiting in a time of war — whatever you think of the war — is repugnant.

Every one of these campuses, I guarantee you has groups which are essentially Communist, handing out flyers, selling books and holding meetings. As I recall there were just a few moral issues with the Communists, too. How is it they make the cut and the US Army does not?