Monday, March 06, 2006

A Fair Decision

That is the apt title of this post at Powerline. SCOTUS handed down a unanimous decision today that the Solomon Amendment is constitutional. For those of you not following this case the Solomon Amendment requires colleges that accept federal funding have to allow military recruiters the same access to campuses and students that any other recruiter receives. Chief Justice Roberts wrote the opinion which actually goes farther than declaring that the Solomon Amendment is, in fact, constitutional. He at least implies if not outright states (legal speak is funny that way to me) that the Congress could simply require the access and not give colleges the option of not receiving the funds and withholding access to military recruiters.
It is clear that a funding condition cannot be unconstitutional if it could be constitutionally imposed directly.
I expected SCOTUS to uphold the Solomon Amendment. I would have never dreamed that a unanimous decision with a single issued opinion would go so far as to explicitly recognize Congress's rights to force even private organizations with no state funding to reasonably assist in the process of "raising an army".


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