Professor Berkowitz Views Upcoming Supreme Court Case as Possible 'Bellwether'

In a Washington Times article, Professor Peter Berkowitz said that oral arguments to be heard by the Supreme Court on December 6 might be a "bellwether" for the court's thinking on the issue of the Pentagon's ban on open homosexuality in the military.

Nation Inside the Ring, The Washington Times, December 2, 2005. By Bill Gertz and Rowan Scarborough.

"Peter Berkowitz, a Hoover senior fellow and professor of law at George Mason University, said a 'bellwether' to the court's thinking might come in a case scheduled for oral arguments next week.

It involves the 1995 Solomon Amendment, which gives the federal government power to cut off federal money to schools that deny access to military recruiters.

The Bush administration is enforcing the law, prompting a coalition of law schools-called FAIR- and the American Civil Liberties Union to file a lawsuit on free-speech grounds. Some schools have restricted recruiter access because of the homosexual ban, which the institutions say violates their anti-discrimination rules.

A court willing to side with the schools might be a court willing to overturn a military regulation in time of war, Mr. Berkowitz said."