If the Solomon Amendment litigation is a civil procedure and constitutional law quiz, and this Third Circuit opinion in FAIR v. Rumsfeld has all the answers, I think I would get an 'F,' because I disagree with almost every single bit of this opinion from standing on down. Law schools as victims of civil rights violations! Why not a suit brought on behalf of the philosophy department? Or the field hockey team? The comic book section of the library? These are bogus plaintiffs, with bogus injuries, incapable of speech in any sense that makes sense to me. "The law schools are expressive associations," said the Court. As one of my old clients would say: "Balderdash!" If they are, they should not be. I say this having read all the recent Liberty Law School-bashing in recent weeks.
I wonder, how can a state allow its public-funded law school to have a particular "message", but can't sell "Choose Life" license plates? (Then again, maybe none of the unidentified members of the plaintiff association were state schools.) Also, in the brave new world of law schools as civil rights victims, I wonder, what sort of lawsuits will be filed by the law school at Liberty?