Military Recruiting on College Campuses: Legal, Theoretical and Practical Implications of Rumsfeld v. Fair

By Daryl R. Privott | Go to book overview

CHAPTER V
Present Arms

ORAL ARGUMENT

The Supreme Court of the United States granted Certiorari in Donald H. Rumsfeld, Secretary of Defense, et al., Petitioners v. Forum for Academic and Institutional Rights, Inc., et al. on May 2, 2005.493 The questions before the court were whether the court of appeals erred in holding that the Solomon Amendment violated the First Amendment to the Constitution and in directing a preliminary injunction to be issued against its enforcement.494

Paul D. Clement, ESQ., Solicitor General (SG), Department of Justice represented the Petitioners and E. Joshua Rosenkranz, ESQ., New York, New York represented the Respondents.495 Chief Justice Roberts began the session and SG Paul D. Clement opened by providing his interpretation of the Solomon Amendment and its requirements. He emphasized that the Solomon Amendment does not require a “predetermined level of access.”496 The Solomon Amendment required “what other

493 Supreme Court of the United States (2010). Docket No. 04–1152. Retrieved from http://www.supremecourt.gov/docketfiles/03–0052htm

494 Supreme Court of the United States. (2010). Rumsfeld, et al. v. Forum for Academic and Institutional Rights, et al. 547, 47. Retrieved from http://www.supremecourt.gov/opinions/boundvolumes/537bv.pdf

495 Supreme Court of the United States (2010). Oral Argument Transcripts 04–1152. Retrieved from http://www.supremecourt.gov/ oral_arguments/argument_transcripts/03–0152pdf

496 Ibid., 3, line 19.

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Military Recruiting on College Campuses: Legal, Theoretical and Practical Implications of Rumsfeld v. Fair
Table of contents

Table of contents

  • Title Page iii
  • Table of Contents v
  • Acknowledgements vi
  • Chapter I- Fall in 1
  • Chapter II- Attention 11
  • Chapter III- Halt 31
  • Chapter IV- Ranks 51
  • Chapter V- Present Arms 111
  • Chapter VI- Eyes Front 125
  • Chapter VII- Fall out 131
  • Chapter VIII- Dismiss 149
  • Table of Authorities 159
  • References 161
  • Index 173
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