Military Recruiting Upheld

The Supreme Court ruled on March 6 that the federal government can cut off funding to universities that limit or ban military recruiting on their campuses. The 8-0 opinion (Justice Samuel A. Alito Jr. did not participate) upheld the Solomon Amendment—Congress’s response to law schools’ decision to restrict recruiting because military limits on service by homosexuals (the “don’t ask, don’t tell” policy) conflict with the schools’ nondiscrimination policies. Harvard receives about $500 million in federal research funding annually.

A coalition of law schools filed suit, alleging that the amendment violated their First Amendment rights of free speech and association, and in late 2004 secured a favorable ruling in the Third Circuit Court of Appeals. (Harvard had declined to join the legal challenge to the law; see “Recruiting Redux,” July-August 2005, page 60.) The Defense Department appealed, and the case was argued before the Supreme Court last December.

In its ruling, the court rejected both the First Amendment claim and an argument in an amicus brief prepared by many Harvard Law School (HLS) faculty members, who maintained that it should be permissible to exclude all employers (including the military) who do not maintain a nondiscrimination policy.

In a note on March 7, HLS dean Elena Kagan expressed disappointment in the decision, while noting that the school “will continue to provide Career Services assistance to the military, as [it] does to non-discriminating employers. At the same time, I hope that many members of the [HLS] community will accept the court’s invitation to express their views clearly and forcefully regarding the military’s discriminatory employment policy,” which she called “profoundly wrong—both unwise and unjust.”

You might also like

Harvard Students form Pro-Palestine Encampment

Protesters set up camp in Harvard Yard.

Harvard Coop’s Changing of the Guard

New leadership for a staple Square retailer

Artificial Intelligence in the Academy

Harvard symposium assesses the new technology.

Most popular

Harvard Coop’s Changing of the Guard

New leadership for a staple Square retailer

The Deadliest War

Drew Faust speaks on how the Civil War’s astounding death toll reshaped American society.

The World’s Costliest Health Care

Administrative costs, greed, overutilization—can these drivers of U.S. medical costs be curbed?

More to explore

Harvard Cardinal Robert W. McElroy on the Changing Catholic Church

Cardinal Robert W. McElroy on how the Catholic Church has moved towards inclusivity.

AI as Cancer Oracle?

How is artificial intelligence (AI) being used for cancer detection and prevention?

The Harvard Graduate and Early Vegetarian Benjamin Smith Lyman

Brief life of the vegetarian trailblazer, 1835-1920