Slate’s Dahlia Lithwick comes at the issue facing the Supremes in Rumsfeld vs FAIR from a different perspective than I do, but we both end up in the same place:
Suddenly one can’t help but notice that all the conservative justices have gotten quiet while the liberals are taking turns beating on counsel. That can’t be a good sign. Says Breyer: “Speech is on their side. They are trying to recruit!”
Clement’s rebuttal is a beautiful thing. He quickly explains that no student can confuse a military recruiter’s speech with the law school’s. Also that any protest can be re-characterized as free speech or free association, opening the door to allowing law schools, if they so choose, to disregard bedrock federal anti-discrimination laws. It’s a clever approach?
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