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Monday, March 06, 2006


Supreme Court puts the smackdown on liberal professors
In a definite example of over-reaching, liberal university professors sued the Department of Defense arguing that it was unconstitutional to require schools receiving federal funding to accept military recruiters on campus. The Supreme Court ruled unanimously (8-0, with Alito not being on the court at the time of oral arguments) that not only was the Department of Defense within its rights to tie funding to access to recruiters, they would be within their rights to requires access to recruiters even if the school received no funding, as a result of the Consitutional mandate to Congress to "provide for the common Defence," "[t]o raise and support Armies," and "[t]o provide and maintain a Navy."

Ouch. That's gotta hurt. They tried an argument that clearly failed the common sense test and now they have fewer rights than they did before.

Hat tip to James Taranto for pointing this out.

Comments:
Conservatives should think twice before celebrating this one.

The SC didn't require schools to "accept" military recruiters. Most schools were already accepting them. But based on the schools, anti-discrimination rules, the military recruiters were not provided with administrative support such as access to email lists or scheduling appointments with students.

The SC simply required the schools to treat military recruiters the same as other recruiters, regardless of discrimination in the military. In other words, school employees are now forced to ignore their own consciences and the rules agreed on by their institution, and provide services to the military.

So conservatives should think twice about celebrating this ruling. If the SC can order you to ditch your conscience and perform your job against your beliefs, it can order federally-funded hospitals to support abortions, pharmicists to dispense morning-after pills... you get the idea.



So, theoretically a school could still reject military recruiters by rejecting ALL recruiters. Frankly, I hope some school does this and uses a private organization to run a civilian job fair next door.
 

If the SC can order you to ditch your conscience and perform your job against your beliefs, it can order federally-funded hospitals to support abortions, pharmicists to dispense morning-after pills... you get the idea.

Actually no, this ruling is much more limited in its scope than that. It ties the authority to do this to the Constitutional mandate to defend the nation, as I noted in my comments. Those issues you raised are non sequiters (sp?) since they are unrelated to the national defense and therefore it would be a misinterpretation of this ruling to use it as you do.
 

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