Case Summary
Issue:
Whether Congress may condition the receipt of federal funding upon the willingness of colleges and universities to permit military recruiters upon their campuses?
Plaintiff:
Forum for Academic and Institutional Rights (FAIR)–an association of 24 law schools and law faculties opposed to military recruiters on college campuses–and its allies
Defendant:
Secretary of Defense Donald H. Rumsfeld and five other Cabinet Officers, sued in their official capacities
Amicus Curiae:
Congressman Richard Pombo, three law students, and Mountain States Legal Foundation
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Case History
The Solomon Amendment bars universities and colleges from receiving federal funding if they do not permit military representatives access for recruiting purposes. Various law schools and law school professors oppose the presence of military recruiters at their schools because of the schools’ policy of non-discrimination and the military’s policy regarding homosexual activity.
On September 19, 2003, FAIR sued in the U.S. District Court for the District of New Jersey, alleging that the Solomon Amendment violates the First Amendment rights of the schools and professors. On November 5, 2003, the District Court denied FAIR’s motion for an injunction; FAIR appealed. On November 29, 2004, the Third Circuit ruled 2-1 that the Solomon Amendment violates the First Amendment rights of the law schools and their professors.
On February 28, 2005, the United States filed its petition for writ of certiorari. On March 30, 2005, MSLF filed its amici curiae brief on behalf of Congressman Pombo, the law students, and MSLF, and FAIR filed its opposition. On May 2, 2005, the U.S. Supreme Court agreed to hear the case. On July 18, 2005, the United States filed its brief on the merits, and MSLF filed an amici curiae brief on behalf of Congressman Pombo, three law students, and MSLF. Oral arguments were held on December 6, 2005.
