Tuesday, September 18, 2007
The Second Circuit on Monday reversed the district court and held that Yale Law School could be denied federal funding under the Solomon Amendment (10 U.S.C. § 983(b)) for barring military recruiters from its campus. Burt v. Gates, No. 05- 1732 (2d Cir. 9/17/07). The Second Circuit cited Rumsfeld v. Forum for Academic and Institutional Rights, Inc., 547 U.S. 47 (2006), in concluding that the government's policy of withholding money to schools that bar military recruiters does not violate the First Amendment.
Press and blogosphere coverage:
- NY Law Journal: Denial of Funds to Yale Law School Upheld Over Military Recruiter Ban, by Beth Bar
- Inside Higher Ed: Appeals Court Upholds Military Recruiting, by Scott Jaschik
- Powerline: Yale's Disgrace, by Scott Johnson
Update: Yale Dean Harold Koh released this statement today.
Prior TaxProf Blog coverage:
- Supreme Court Unanimously Upholds Solomon Amendment (3/6/06)
- Reactions to Rumsfeld v. FAIR (3/7/06)
- More Reactions to Rumsfeld v. FAIR and the Solomon Amendment (3/13/06)
- NLJ on Rumsfeld v. FAIR: Good Ruling, Bad Policy (3/30/06)