Patterico's Pontifications



Filed under: Constitutional Law,Law — Angry Clam @ 7:32 am

[Posted by The Angry Clam]

Remember how a bunch of pinhead law professors were mad that, when they took a ton of the government’s money, they had to allow military recruiters?

They lost 8-0. No Ginsburg, no Souter, no Stevens on their side.

12 Responses to “HAHAHAHA OWNED”

  1. It is so hard for me to understand the SCOTUS. I mean, with the plain language of the constitution how in the world could they ever uphold CFR? From where I sit this case looked so crazy I could hardly believe it made it to the SCOTUS – but so did CFR, so I wasn’t betting the ranch. I listened to the oral argumanets on it the other day at OYEZ and was struck by how lame FAIR’s position sounded.

    Scanning through the opinion it appears to me it says congress could have compelled the law schools to allow the recruiters even without the money hammer, just by invoking its duty to raise armies. From the way the opinion looks to me, in other words, it seems as if they lost more than they would have had they done nothing at all.

    Dwilkers (a1687a)

  2. It somewhat upsets me that a less wild-eyed understanding of the Constitution from an amicus by John Eastman made it into the opinion, mostly because I think that he’s a dolt.

    Then again, I love how FAIR royally screwed itself- this decision does, as Dwilkers notes, stand for the proposition that the government could simply say “do it” without having to tie it to funds.

    I see great things ahead: places could refuse federal money, and the government could still force recruiters onto their campus.

    Angry Clam (fa7fff)

  3. Thank you, Clam. You just made my day. I’m grinning from ear to ear. (Aside: I was worried about Justice Thomas dissenting, more than anyone else. He has written some very pro-speech opinions).

    nk (57e995)

  4. Now which of you lawyers out there will file suit to recover all the money from the anti-american colleges that they received while the anti-american professors had a ban on the military? You can get rich with only a small percentage of the refund to the American people.
    Let’s see the left wing losses: ELF members convicted of terrorism, ALF members convicted and waiting sentence to jail, anti-american colleges bitch slapped along the side of their stupid heads by the SCOTUS. Hellary forced into telling a whopper of a lie when she said she didn’t know Slick Willie was on the UAE payroll to the tune of over $1.6 million. What $400,000 of it was listed on her sworn statement to the government. She proves a career criminal never changes, a criminal in Ark. and always a criminal.
    Someone answer me a question: Why does FOX news have idiots like Marvin Kalb on, is he the only leftie anti-american willing to make an jackass of himself these days? (jack was added to ass to make it acceptable to the left wing children). They have had enough idiots on lately that I only watch a few minutes per day and I once kept the TV on FOX 24-7 for the truth.

    scrapiron (71415b)

  5. Look who is out-of-the-mainstream.

    perfectsense (024110)

  6. Query: What do you get when you have some of the “finest” legal minds in the U.S. present a passionately held legal argument to the SCOTUS? Answer: an 8-0 loss.

    Californio (5cdb2c)

  7. Two conservative colleges (Grove City and Hillsdale) anticipated this kind of thing decades ago and chose to reject all Federal funds.

    Somehow I doubt the liberals will follow their example.

    Amphipolis (fdbc48)

  8. The Grove City and Hillsdale colleges were, if I recall correctly, in opposition to the burdensome requirements of the various civil rights laws.

    It was made more interested because at least one of those (I forget which) was the first college in the region to admit black students, nearly 100 years prior to the civil rights laws, and had, at least at the time (I don’t know what’s going on these days), a decent sized minority student population.

    Angry Clam (fa7fff)

  9. Haha, indeed! Grove City is brought up in the opinion on Page 9. I wonder – how much did those schools standing up for their principles then help getting this decision now?

    Amphipolis (fdbc48)

  10. Having actual examples to point to is good to defuse the “but we could never wean ourselves from the federal teat!” cries of schools, that’s for sure.

    Angry Clam (fa7fff)

  11. If I understood the ruling correctly, their out is that giving up the money would do no good as the congress could just force them to accept the recruiters anyway.

    So….they’ll just have to take the money and tolerate the recruiters. Tough life.

    Dwilkers (a1687a)

  12. There is an interesting quote attributed to Chief Justice Roberts. When he was a lawyer and had to argue a stinker of a case in front of SCOTUS his incredulous client asked how they could have lost 9-0. His response? There were only nine judges.

    dnmore (e1d60a)

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