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Rumsfeld v. Forum for Academic & Institutional Rights (docket #: 04-1152) (2006)  [Findlaw]

Argument Date 12/06/2005
Decided 03/06/2006
Supreme Court Vote 8-0
Note Justice Alito did not participate. This was Chief Justice Roberts's first First Amendment opinion.
Supreme Court Ruling Respondent's First Amendment claim denied.
IssueThe Solomon Amendment, 10 U.S.C. 983(b)(1), withholds specified federal funds from institutions of higher education that deny military recruiters the same access to campuses and students that they provide to other employers. The question presented is whether the court of appeals erred in holding that the Solomon Amendment's equal access condition on federal funding likely violates the First Amendment to the Constitution and in directing a preliminary injunction to be issued against its enforcement.
Case Summary & Additional Resources
Majority Opinion Roberts, C.J.
Certiorari Granted 05/02/2005
Lower Court 3rd Circuit
Lower Court Ruling First Amendment claim sustained
Oral Arguments Audio  [Oyez]
-- transcript
For Petitioner
Paul D. Clement, Solicitor General

For Respondent
E. Joshua Rosenkranz

For Petitioner
Appendix to Petition for Certiorari

Solicitor General (cert. petition)

For Respondent
Brief in Opposition

For Amicus
Congressman Richard Pombo, et al & Mountain States Legal Foundation (supporting Petitioners)

News Stories & Commentary
Keating, David, Medill News Service

Tony Mauro Analysis
"Roberts' remarkable feat in military-recruiters case" (03/07/06)

"Compelled Speech or Free Access" (5/03/05)

"Little sympathy for law schools' free-speech argument " (12.07.05)

Opinion - Lower Court
Forum for Academic & Institutional Rights et al v. Rumsfeld (3rd Cir., 2004)

AP, "High court hears case of military recruiters on campus" (12/06/05)

AP, "Justices uphold campus military-recruiting law " (03/06/06)

"Eskridge, Polsby Debate Solomon Amendment Case" (American Constitution Society exchange)

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