Solemn Solomon Prediction
As just about everyone in the law school world knows by now, the Supreme Court granted cert in Rumsfeld v. Forum for Academic and Institutional Rights, the case arguing for the constitutionality of the Solomon Amendment. BuzWords is asking for predictions, and Prof. Yin and Prof. Kerr oblige, predicting a solid reversal.
Much as I'd like to agree with them, I predict that the court upholds the Third Circuit's opinion. I think the reasoning behind the case is stretched and tenuous, but I thought that about Lawrence, and I also don't believe we've heard the last from Justice Kennedy. I wouldn't even be surprised to see Romer work its way in here.
My reading of the tea-leaves? Five-four decision, Kennedy writing the opinion. Expect a broad reading of the facts, a broader reading of the law, and a Scalia dissent.
Comments
Posted by: Tony the Pony | May 3, 2005 4:00 PM
Posted by: A. Rickey | May 3, 2005 4:44 PM
Posted by: Tony the Pony | May 4, 2005 1:10 PM