Professor Johnny R. Buckles of the University of Houston Law School has written and posted a hypothetical Supreme Court case on the Solomon Amendment and whether private law schools can restrict military recruiting over the don’t-ask-don’t-tell policy. Hint as to how the decision comes out: the Chief Justice is named “Orthodoxy” and the dissent is by “Justice Wisdom.”
Buckles says he wrote the article primarily “to illustrate the mischief that the public policy doctrine of Bob Jones University v. United States can produce in the hands of a judge willing to apply the doctrine expansively. I intend the article to be both playful and analytical, and seek to demonstrate why theorists across the political spectrum should see the problems with the doctrine as articulated by the Supreme Court.”
The article can be found here.
