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Tuesday, November 29, 2005

"An unremarkable use" of the spending power or "a core violation of the First Amendment"?

Yale lawprof William Eskridge and George Mason Dean Daniel Polsby are debating about the Solomon Amendment case -- FAIR v. Rumsfeld -- which raises the question whether the federal government can require universities, as a condition of receiving federal funds, to give military recruiters the same access given to other employers. The Supreme Court is hearing argument in the case next week. Polsby says it's "an unremarkable use of Congress’s Spending Power, while Eskridge sees "a core violation of the First Amendment."

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