Centerfield

Simon, have you had a chance to read over FAIR v. Rumsfeld yet? I really think it's quite an impressive opinion by our new Chief.

Yes - I thought it was great, actually. I have to admit that I still have doubts about him, but no more so, at this point, than one had to have about the late Chief.

This case really ought to have been a slam-dunk, and was. The fact that FAIR couldn't even pull in a single member of the court - not even Ruth Ginsburg, who's married to a member of FAIR - is a pretty devastating blow to them, one has to think. While I read that they plan to continue to resist, I suspect that a complete list of the schools which will put their money where their mouth is and reject funding, throw Congressmen off-campus and thus keep military recruiters out is as follows:

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End.

One section that interested me in particular was the section where they rebuff the government's argument that the issue raised by amici are not before the court and go on to largely decide those issues anyway. This gives me considerable hope that the Court will also take into account the power of Congress to enact the FPBAA in Carhart v. Gonzales, regardless of whether the issue has been raised before. I still think that they'll use the (not entirley incidental) concern about striking down a law based on an issue raised sua sponte to decide the case only on the facts before the Court, and I stand ready to defend them for doing so.