Rumsfeld v. FAIR: A Good Glimpse of What We Can Expect from the Roberts Court

In case you missed this, the U.S. Supreme Court issued its opinion today in Rumsfeld v. Fair, upholding the Solomon Amendment. That statute provided that "if any part of an institution of higher education denies military recruiters access equal to that provided other recruiters, the entire institution would lose certain federal funds." Law schools had been barring military recruiters from interviewing their students on campus, and the case made its way to the high court.

The Court upheld the Solomon Amendment by an 8-0 vote, with Justice Alito abstaining because of his prior involvement in a lower court's review of the case. Professor Bainbridge comments:

I agree that this opinion tends to confirm the very high hopes many of us had
for Roberts - well-argued, cleanly written, and sufficiently persuasive to pull
in 8 votes (which is impressive for a court that lately has been like herding
cats).

The rest of his post is worth the read.