Progressive Nation

October 31st, 2005

Alito’s Thesis and ROTC

Some clarifications from this story in the Prince. Still doesn’t explain why it’s missing. He was on ROTC, which I take to indicate that he probably thinks the Solomon Amendment is constitutional. This is important because there’s a case pending before the Court on this issue (Fair v. Rumsfeld) that’s going to be argued in December. You figure that Alito could probably make it onto the Court in time to rule on this case. The issue in FAIR is whether the Solomon Amendment violates the First Amendment by conditioning federal funds to universities based on its members’ support of military recruitment on campus (thorough ROTC programs), even though such recruitment blatantly excludes openly gay, lesbian and bisexual law students (and thus contradicts university non-discrimination policies). Based on his biography, I would think that Alito would rule in favor of the defendent here and uphold the Solomon Amendment’s constitutionality.

This entry was posted on Monday, October 31st, 2005 at 8:59 pm and is filed under Judiciary. You can follow any responses to this entry through the RSS 2.0 feed.

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