Court Stays Enforcement of Ruling on College Military Recruiters

At the Justice Department's request, a federal appeals court has stayed enforcement of its ruling that the government can't threaten to yank federal funding from law schools that refuse to cooperate with military recruiters. A three-judge panel of the 3rd U.S. Circuit Court of Appeals said it was willing to halt implementation of the decision while the case is appealed to the Supreme Court.

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At the Justice Department’s request, a federal appeals court has stayed enforcement of its ruling that the government can’t threaten to yank federal funding from law schools that refuse to cooperate with military recruiters. A three-judge panel of the 3rd U.S. Circuit Court of Appeals said it was willing to halt implementation of the decision while the case is appealed to the Supreme Court. Government lawyers had argued that the ruling would make it harder to hire the huge teams of lawyers needed for issues related to operations in Afghanistan and Iraq. The same 3rd Circuit panel ruled in November that a law known as the Solomon Amendment infringed on the free speech rights of law schools that withdrew their support for on-campus recruiting in response to the military’s ban on homosexuals. The law had said defense-related funding should be withdrawn from all schools that limited recruiting activity. The stay was signed in late January, but lawyers in the case didn’t learn of it for several days. Copyright 2005 Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.

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