Monday, November 29

Breaking Legal News - The Third Circuit has held the Solomon Amendment to be unconstitutional and has enjoined its enforcement nationwide. The challenged 1994 law -- unenforced until the Bush Administration and then strengthened after 9-11 -- revokes federal grants from schools who bar military recruiting on the grounds that Don't-Ask-Don't-Tell violates their non-discrimination policy. That is all for now, though I may blog again after I've perused the opinion.

UPDATE: Read all about it this morning in the WaPo, the LATimes and the Philly Inquirer. The thing that I love about this case is that it turns Dale v. Boy Scouts on its ear by adopting its logic -- that the government may not coerce an organization to express a point of view it opposes. Only in this case, the rights of free speech and expressive association were being trammeled by an anti-gay governmental policy. What comes around, goes around, Rehnquist.