Justice Dept. to Appeal Ruling on Universities and Military Recruiters

[Crackingham]

The Justice Department said it will ask the Supreme Court to overturn an appeals court's ruling that would allow colleges and universities to limit the activities of military recruiters on their campuses without fear of losing federal funding.

<snip>

In November, a three-judge panel of the 3rd Circuit struck down a law known as the Solomon Amendment, which said federal funding should be withdrawn from any school that refused to cooperate with military recruiters.

The court said the rule infringed on the free-speech rights of law schools that had withdrawn their support for on-campus recruiting in response to the military's ban on homosexuals.

The Justice Department said in its Friday court filing that it needs law school access to fill the ranks of the military's Judge Advocate General Corps.

http://ap.tbo.com/ap/breaking/MGB2OWH9Z3E.html

[qazplm]

1. I understand the point of view that says

we dont support the military's policies towards homosexuals so therefore colleges and universities shouldnt have them on campus.

Having said that, as a military JAG attorney, and a liberal, I gotta say, JAGs are one of the few collections of officers that have an appreciable number of liberals in the entire army.

I am not sure if squeezing off that pipeline is the smartest way to play it, especially given that one of the main JAG roles is to keep commanders out of trouble and on the right page (remember it was JAG attorneys who originally protested pretty strongly the abu gharib policies).

I think that getting rid of the one pool that the military might have of liberal ideas, thoughts and people may not be the best way to go.

[murielm99]

2. Thank you for your comments.

Thank you for your service, too.

I would never have taken that into consideration when discussing the pros and cons of military recruiting on campus. You make a valid point.

DU certainly attracts a good variety of people, with more than just bush-bashing on their minds!

[Supersedeas]

10. Q, what makes you think that they are recruiting for JAG officers???

Students interested in law and military service are unlikely to be discouraged by the lack of military recruiters on campus.

The Court of Appeals heard these arguments and ruled against the military here. I see no need to take this case to the Supreme Court in order to salvage some potential pool of students who might be convinced to enter the JAG corps who were not interested in entering in the first place.

I don't find your concern convincing, but would be willing to entertain a presentation of statistics both of liberals in the JAG corps and recruiting successes of liberals on college campuses.

Frankly, I don't see any evidence that the 'liberal' section of the JAG corps has been very influential in Pentagon policy thus far.

[keopeli]

3. Beware of Kool-Aid

This sounds as though it might be a ruse. While the Solomon Law may have been instituted by a law school, and some law schools may do this, it is more likely that the pentagon is trying to pry their way deeper into colleges in general.

It seems to me that the Solomon Amendment references all colleges, not just law schools.

Does anyone really think that a law school grad doesn't consider JAG unless a recruiter comes on campus and tells them about it?

[qazplm]

4. well,

I know that both of my roommates didnt consider JAG at all until I mentioned it to them while we were in our third year.

They didnt have the grades to make it (JAG is actually rather selective) but a lot of law school grads might have some misperceptions of military life as a JAG that might preclude them from being interested.

The Solomon Amendment I think does represent all colleges, but my point remains. Do we really only want those people in the military officer corps who are already gung ho on being there?

That's going to, IMO, create an environment of right wing conservatives dominating the officer corps even MORESO than they do now (and as a liberal let me tell ya, it's awful lonely as a military officer lol).

However, I can name about 6 moderate or liberal JAG member past or present off the top of my head. I can't think of one non-JAG moderate or liberal officer, although I am sure they exist out there somewhere.

Under glass.

In a museum.

[TahitiNut]

9. More generally ...

"Do we really only want those people in the military ... who are already gung ho on being there?"

There are two primary themes under which I see an "all voluteer" military as antithetical to democratic society. (1) It relies heavily on economic coercion, creating a motivation to continue opressive and exploitative economic policies. (2) It relies too heavily on motives where uniformed power, killing, authoritarianism, and violence are seen as attractive.

This is, in large part, why I stongly favor Universal Service.

[Scooter24]

5. I read somewhere

a few months ago that the Yale Corp. and the Harvard Foundation were working rather quickly to reduce their reluctance on grants from the government to be free of political pressure. Harvard announced this summer that their endowment grew by over 21% and now tops nearly $23 Billion. Yale posted a similar growth and is now worth close to $14 Billion.

We were debating this in class one day - when schools like Yale and Harvard, who work under Health Department grants, discover new technologies and medicines, they are bound to share that technology with other schools. But what happens when schools like Yale and Harvard become fully private, and that technology they invent no longer becomes partially theirs? Maybe they could sell those inventions at a premium. The government, and public universities, will become a "client" to the elite private schools who must purchase those inventions to further academic progress. Imagine the profit or royalties these schools can get when they discover a new drug or new enzyme and sell it to companies like Pfizer instead of sharing it with the world.

At current rates, Yale's endowment grows by about $5.5 million per day. Combine this growth with the fact that Yale and Harvard's grant money has been reduced over the years, and you can easily see how these schools aren't far from becoming true private schools.

On the subject of JAG - I applaud the school's decision in these matters. Maybe it's because I'm gay and bias, who knows? But when I think of JAG recruiting at law schools, I think of my friend Jarod. Graduated Summa Cum Laude with degrees in Mechanical Engineering and Psychology, speaks 5 languages including Arabic and Korean, and is currently attending Harvard law. Bright kid, fun to be around, athletic, funny, an all-around nice guy. His father was an Army sergeant, fought in Vietnam, his grandfather in WWII. But because of the military's arbitrary policy on gays, he cannot serve because he is deemed a threat to national security and morale. Oh well, their loss.

[saigon68]

6. More of Johnny Asscracks attempt to let JayZeus people run amerika

Yes lets let the Pimps get in to the colleges to recruit some Hookers to kill "Rag-Heads".

Glad to see a few Judges have a pair and are standing up to the NeoCon Thugs and Hoodlums.

[qazplm]

7. dont know if you are thinking long term

eventually, dems will be back in WH, the military has not and is not completely dominated by right wing or have a desire to kill "rag-heads".

I suppose the idea is to then do what exactly? Make sure that only those who have a real strong desire to join the military are in the military? Most of whom are the very people you decry or support the people you decry?

What moderating influence exists there?

Bush wont always be in charge, and neither will the neocons.

[saigon68]

8. At age 59, I doubt I will live long enough

To see the death of all Neocons and "THE AMERIKAN CORPORATE WORLD EMPIRE"