The ability of the Federal Government to recruit people for the military is an issue of paramount importance to the future safety of the nation. If the Supreme Court of the United States had ruled in favor of the Law schools seeking to bar military recruiters while keeping their Federal Funding the precedent would have been set to cripple efforts to defend the nation on a number of fronts as the principle was applied in other circumstances. Just think of how academia could have abused contracts to do research with potential military applications, or how other businesses could have refused to comply with supply contracts to exercise "free speech" to oppose a war while keeping the money given by contract. This attempt was bizarre and simply untenable on its face. Thankfully SCOTUS acted in unanimous to dispel any doubts as to the future viability of such efforts and to ensure the nation’s defense into the future. Here is the result of today’s decision from the Washington Post :
By a vote of 8 to 0, the court upheld the Solomon Amendment, which permits the denial of federal funding to schools that do not allow military recruiters the same access given to all other job recruiters. But in ruling that schools must provide the military the same access to students as they would for any other recruiters, the Justices noted that schools are still free to protest their presence on campus.
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So thorough was the court’s rejection of FAIR’s arguments that it ruled Congress could have achieved equal access not only indirectly, by threatening a funding cutoff, but also directly, through legislation based on its constitutional power to raise military forces. In fact, the court suggested in passing, even colleges and universities that do not receive any federal funding could be compelled by Congress to allow military recruiters.
"Congress’s power in this area is broad and sweeping," Roberts wrote, "and there is no dispute in this cases that it includes the authority to require campus access to military recruiters."
At least the Supreme Court is standing squarely in defense of the First Ammendment, and with that in defense of our nation. Unlike President Bush, the Congress, or the so-called Fourth Estate (the Press) during the recent tensions over cartoons of Mohammed. Bravo to the Supreme Court and all of the Justices. Their example of bipartisan and principled defence of our most basic rights and security should shame the rest of our leaders.