Zengerle in Radio Interview: Solomon Amendment Victory Places Mason Law Squarely in Legal Mainstream
Mason Law's support of the Solomon Amendment, which could have been viewed by some as a fringe position, wound up demonstrating the reasoning behind that position to be squarely in the legal mainstream, according to Professor Joseph Zengerle in an interview with St. Louis radio station KFTK in which he discussed the Supreme Court victory for the armed forces in Rumsfeld v. FAIR. Zengerle was a guest on KFTK's Allman and Smash morning show.
An amicus brief filed by Mason Law Dean Daniel Polsby, Zengerle, and Professor Nelson Lund was the only one submitted by a law school that took the side of the armed services. Many amicus briefs were filed on the losing side (including briefs in behalf of Yale University, Harvard University, Columbia University, New York University, the University of Chicago, Cornell University and the University of Pennsylvania), arguing that the Solomon Amendment's requirement of equal access for military recruiters was unconstitutional under the First Amendment. In addition, professors at Columbia and Harvard law schools submitted briefs arguing that as a matter of statutory construction the law schools had in fact complied with the Solomon Amendment. The constitutional and statutory arguments were all rejected by the Court, which unanimously upheld the Solomon Amendment in what was the first constitutional decision of Chief Justice John Roberts' tenure on the Supreme Court.