A Win For The United States Military

Good news today, the Supreme Court has told the liberals to go eff themselves….8 to zip. (Alito did not participate; he was not on the bench when the case was heard)

Ok, not really, but they did tell them that their idiotic refusal to allow military recruiters on campus is not constitutional: (via Scotusblog)

In a sweeping legal victory for the U.S. military, the Supreme Court ruled unanimously on Monday that Pentagon recruiters must be assured an equal opportunity with other employers to sign up students at the nation’s law schools. Upholding the so-called “Solomon Amendment,” the Court ruled in an opinion by Chief Justice John G. Roberts, Jr., that the military must be given access to those campuses even though it violates the law schools’ policy against facilitating discrimination against homosexuals. The military’s “don’t ask, don’t tell” policy bars homosexuals who are publicly identified from serving in any of the services.

In a part of the decision rejecting a non-constitutional argument for avoiding the “Solomon Amendment,” the Court declared that law schools could not exclude the military even if they also excluded all other potential employers that similarly declined to hire gays and lesbians. “Applying the same policy to all recruiters is insufficient to comply with the statute if it results in a greater level of access for other recruiters than for the military. Law schools must ensure that their recruiting policy operates in such a way that military recruiters are given access to students at least equal to that ‘provided to any other employer.’ …Under the statute, military recruiters must be given the same access as recruiters who comply with the [schools’ non-discrimination] policy.” Although the law is not restricted to law schools, but rather applies to all colleges and universities, it has been tested primarily by law schools, acting through an organization known as Forum for Academic and Institutional Rights (FAIR).

The ruling rejected all of the law schools’ First Amendment claims. They had attempted, the Court said, “to stretch a number of First Amendment doctrines well beyond the sort of activities these doctrines protect. Those arguments included assertions that they were being coerced into supporting the idea of discrimination against gays, that they were being compelled to subsidize the military’s anti-gay message, and that they were being forced to engage in “expressive conduct” in favor of the anti-gay program.

Finding that Congress had the constitutional authority, under its power to “raise and support armies,” to command colleges to accept military recruiters, so there was no constitutional problem in achieving the same result by threatening to cut off federal funding if equal access is denied, the Court said. “It is clear that a funding condition cannot be unconstitutional if it could be constitutionally imposed directly,” it added.

Rejecting the “compelled speech” challenge, the Court commented: “The Solomon Amendment neither limits what law schools may say nor requires them to say anything.” The Amendment, it said, “regulates conduct, not speech. It affects what law schools must do — afford equal access to military recruiters — not what they may or may not say.”(emphasis in original). “There is nothing in this case approaching a government-mandated pledge or motto that the school must endorse.”

What will Harvard and Yale do? Go recruit some more Taliban to keep the military in check I suppose.

For those who want to read the Chief Justice’s opinion go here, the oral argument transcript here, and finally the summary (syllabus) can be read here.

Check out this zinger written by Roberts: (via Michelle Malkin)

We have held that high school students can appreciate the difference between speech a school sponsors and speech the school permits because legally required to do so, pursuant to an equal access policy? ?Surely students have not lost that ability by the time they get to law school.”

Thank you Bush! What more could we have asked for then to get these two great judges onto the bench.

Not only does this decision say that the military must be allowed on campus, but that even if they restrict other groups from entering campus, they MUST give preferential treatment to the military:

Notably, in today’s unanimous decision the Court does not rely on the Spending Clause, but instead holds that the government could directly impose on schools the requirement of military access. Indeed, the Court first rejects the amici’s statutory argument that the Solomon Amendment merely requires access to the military on the same conditions as those imposed on other employers. The implication is that schools must afford DoD exemptions from any recruiting rules that have the effect of giving the military less access to students than some other employer. Thus, the holding is that the government may require schools (including private schools) to give preferential access to military recruiters, without any First Amendment concerns.

It is ridiculous for the liberals to believe that this would have got one single vote on the SCOTUS bench. I mean one of the Governments duties is to raise an army to defend the country. During that duty they have the power to FORCE it’s citizens into that army. But the moonbats thought they could refuse a military recruiter onto a college campus because they disagree with the military’s policies? Sheesh, too many brain cells lost I suppose.

Also, the common sentiment being thrown around the blogosphere and the MSM is that this ruling has to do with federal funding, not so:

“This case does not require us to determine when a condition placed on university funding… becomes an unconstitutional condition. It is clear that a funding condition cannot be unconstitutional if it could be constitutionally imposed directly… the First Amendment would not prevent Congress from directly imposing the Solomon Amendment’s access requirement,”

And here from the ScotusBlog:

Notably, in today’s unanimous decision the Court does not rely on the Spending Clause, but instead holds that the government could directly impose on schools the requirement of military access.

I took a trip over to dummyland to watch their heads exploding, they did not disappoint:

Let the take over begin!!! Take over of our country and govt. by rightwing Nazis!!!

Here are a few where they talk about putting the recruiters far away:

Recruiters must be allowed on campus… Universities should be well within their rights to limit those recruiters to predefined “free recruitment speech” zones, preferably 300′ or further from the nearest students. It’s the new *American* way.

absolutely. That would actually be hilarious

Put them out in the animal husbandry shed of the agricultural unit where they belong –

But students need free access to picket and protest the recruiters too, so maybe a good thing to have them out where their “don’t ask don’t tell don’t pay for medical services if your leg gets blown off” policies can be criticized.

LOL – and let’s make sure

there is a tall chain-link fence around them

Welcome to DU!

Poor fellas, another brick from their wall coming down.

I think the crowning achievement of the Bush presidency will be that he placed two great judges to the SCOTUS bench. Once again, thank you President Bush!

Other’s Blogging:

• Wizbang
• Michelle Malkin
• The American Princess
• Stop the ACLU
• Kokonut Pundits
• Sister Toldjah
• The Real Ugly American
• Sensible Mom
• Publius Rendevouz
• The Strata-Sphere
• Random Thoughts
• Amy Proctor

What will Harvard and Yale do? Go recruit some more Taliban to keep the military in check I suppose.

Curt

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