Comment

Kagan: Partisan or Pragmatist?

384
Aceofwhat?5/11/2010 12:14:53 pm PDT

re: #381 jbarelli

And why, exactly, would “Freedom of Association” be such a stretch? (Yeah, that Third Amendment bit would have been rather “out there”.) A private organization tells a government organization that the private organization only allows on-campus recruiting by outfits that do not discriminate against gays.

First, let me clarify that i know you agree that it is the law…hope i didn’t seem to imply otherwise.

As to the central point above, a university which accepts federal funds as per the Solomon Amendment is no longer “private” as i believe you’re using the word.

Nor are federal funds which flow to a university akin to your retirement check. One is compensation for work, the other is not.

That’s why i think you were quite wide of the mark. Did that help?