Tuesday, May 03, 2005
(5:13 PM) | Old - Doug Johnson:
Jumping the Shark? Rumsfeld v. 25 Law Schools
Given recent discussions here and at a Gauche, I thought I should alert those not already aware to the Supreme Court case recently scheduled to be heard in the next term that promises to grab uberheadlines. The case is Rumsfeld v. Forum for Academic and Institutional Rights. The question of gays in the military will be visited, appropriately, through the back door.In my second superthesis, I've indicated that the four subdomains of politics today are law, economics, recruitment, and violence. The case now in the dock manages to weave its way through all four sub-domains. Briefly, Rumsfeld and company are suing to have funds withheld from 25 law schools who restrict access to military recruiters in keeping with their non-discrimination for sexual orientation policies.
Should be a barnburner since last term Kennedy and O'Connor jumped ship to strike down a Texas sodomy law in a case that laid much of the necessary groundwork for establishing sexual orientation as protected by a civil rights status on par with gender and race. This should be a major issue late this summer when, in all likelihood, hearings get underway for Rhenquist's replacement.
My prediction: Rumsfeld loses in a blow that might well thoroughly discomfit the relgious right and establish homosexuality as a wedge issue for Democrats. Even if an anti-gay justice is confirmed in place of Rhenquist, this holds. O'Connor may very well tack back to the right. Thus, as goes Kennedy, so goes the court. Kennedy, who has been accused recently of upholding "Marxist, Leninist, satanic principles drawn from foreign law" for the decision last year, will not be able to overcome the legal prowess of his good buddy (and I might add, a fellow Reaganomic to boot) Stephen Breyer.
