Professor Berkowitz Analyzes the Solomon Amendment Decision
Professor Peter Berkowitz has written an article for The Weekly Standard on the U. S. Supreme Court's unanimous opinion in Rumsfeld v. FAIR upholding the constitutionality of the Solomon Amendment against a challenge by a coalition of law schools and law faculties.
U.S. Military: 8, Elite Law Schools: 0; How Did So Many Professors Misunderstand the Law? The Weekly Standard, 03/20/2006. By Peter Berkowitz.
However, Roberts's opinion does give rise to, and leaves unresolved, one nonlegal but rather large and disturbing question: How could so many law professors of such high rank and distinction be so wrong about such straightforward issues of constitutional law? The losing party, the Forum for Academic and Individual Rights (FAIR), is an association of 36 law schools and law faculty, only 24 of which are willing to be named publicly. In addition, groups of faculty members from many of the leading law schools in the land filed separate friend of the court briefs on behalf of FAIR (alone among law faculty, members of George Mason filed a brief--in which I played no role--supporting the constitutionality of the Solomon Amendment).