I thought one had to be pretty bright to study or teach at Yale — until Bush and Kerry indicated this not to be the case. I held out hope for their post-grad programs, but apparently I’m mistaken about this, too. Yale’s Law School has been whining about military recruiters on campus. In particular, the Yale legal community is upset about the military’s “don’t ask, don’t tell” policy.
covers a lot of the nuances of the arguments heard before the Supreme Court. Here are some examples:
“The Solomon Amendment neither limits what law schools may say nor requires them to say anything,” Roberts wrote. “Compelling a law school that sends scheduling e-mails for other recruiters to send one for a military recruiter is simply not the same as forcing a student to pledge allegiance, or forcing a Jehovah’s Witness to display the motto ‘Live Free or Die.'”
Justice Samuel Alito LAW ’75 did not participate in the case — Rumsfeld v. Forum for Academic and Institutional Rights, or “FAIR” — since he was not on the bench when oral arguments were heard on Dec. 6.
During the past several years, the Yale Law School community has been particularly engaged in this debate. Last November, members of the faculty filed an amicus curie brief with the Supreme Court in the FAIR case decided today. Two years ago, 45 professors successfully sued the Pentagon in Burt v. Rumsfeld after the federal government threatened under the Solomon Amendment to withhold more than $300 million in federal funding from Yale if military recruiters were not allowed on campus.
In Burt v. Rumsfeld, the plaintiffs ultimately won an injunction that allowed Yale’s barring of military recruiters from campus in acknowledgement of the discriminatory nature of the military’s policy against open gays. The case is currently pending before the U.S. Court of Appeals, Second Circuit.
E-mail lists for recruiters and such aren’t the key issue. Who won or lost at court today isn’t important. What’s significant are $300 million federal dollars. It doesn’t take too high an IQ to realize that that if an organization accepts federal dollars, they also get federal dictates. If you don’t want the rules, don’t take the money. It’s that simple.
It seems that Yale lawyers are sitting on the sofa swatting flies while there’s an elephant in the living room.