The Right Coast

March 06, 2006
Supremes slam YLS around a little
By Tom Smith

Oh dear. It appears not even one Supreme could be persuaded to agree with the law school professors on the issue of JAG recruiting on campus and the Solomon Amendment. I'm not a constitutional scholar, but if you can't get even one Justice to agree with you, that's not very good, is it?

You have to wonder if the Taliban Yale Man kerfuffle affected the atmospherics at all. Can't have helped.

Somebody mentioned to me a question Justice Scalia asked-- he enquired whether, given Congress's power to send press gangs onto the Yale campus to compel persons to join the Army, how could it be it did not have the power to send people onto campus to ask people to join the Army? A fair question, for my money. I doubt you could keep recruiters off your campus even if you took no federal money, assuming Congress passed a law saying they could go there.

Newbie Justice Alito did not take part in the decision. Somehow I doubt, Princeton man that he is, that Yale would have gotten any joy out of his opinion.