LAW FROM THE CENTER

The Yale Daily News today reported that last week, the House Armed Services Committee approved a bill that expands the Solomon Amendment power to withhold federal funding from schools that block access to military recruiters. Currently, the Solomon Amendment only affects DoD funds. If the "ROTC Military Recruiter Equal Access to Campus Act" passes, Homeland Security, CIA, and DOT funding could be cut as well.

As I've told you here and here, and here, I helped write our Amicus Brief in the FAIR v. Rumsfeld case, the case that is challenging the original Solomon Amendment. Generally, I support all efforts to help military recruiters to fight the good fight and recruit the best possible candidates for service. Unfortunately, while I think the bill's intentions are noble, I think the timing may be bad. One of the Solomon Amendment opponents' key arguments is the slippery slope argument: if they give up "academic freedom" on this issue, it will be taken away more and more easily in the future. This bill only gives that argument more ammunition. Also, this bill may actually weaken the Solomon Amendment, as it specifically defines a violation as refusing to give equal access to military recruiters. The Solomon Amendment has a much more bright-line standard, allowing DoD to cut funding any time military recruiters are blocked, not just for failing to give "equal access." Finally, this bill expends precious political and media capital that could be better spent on defending the current Amendment in court and in the media.

All leaders, military or Congressional, need to know when and how to engage the enemy. This may be a battle to avoid so that the war for military equality and veterans rights can be won.