CNN - The Situation Room - Supreme Court Ruling Backs Military Recruiters on Campus

CNN - The Situation Room
March 6, 2006

WOLF BLITZER:   Let's get a quick check of some other stories making news. John King once again in Washington -- John.

JOHN KING: Thanks Wolf. Back to you in a moment.

But first, we want to tell you about a major court decision effecting the nation's college and universities. At the heart of the matter, federal funds, first amendment rights and the military's don't ask, don't tell policy on gays.

CNN's Mary Snow is in New York at New York University with the details -- Mary.

MARY SNOW, CNN CORRESPONDENT: Well, John, this legal battle was led by law schools, but if a law school banned military recruiters from its campus that means the entire campus would lose federal funds. And in the case of NYU that amounts to about $130 million a year.

(BEGIN VIDEOTAPE)

SNOW (voice over): The military said it was the target of discrimination, not treated like every other recruiter. And colleges were told they would pay a price, loss of federal funding if military recruiters weren't allowed on campus.

JAY SEKULOW, AMER. CENTER FOR LAW & JUSTICE: We think it is important for military recruiters to be able to attract the brightest and the best, and the only way to do that is to get on the campuses of these universities, which now they will be able to do.

SNOW: But some law schools argued it would be discriminatory to allow recruiters on campus because of a policy that bans openly gay members of the military.

CHAI FELDBLUM, GEORGETOWN UNIV. LAW SCHOOL: Law schools, which spend a lot of money helping their law students get legal jobs, have a policy of not actively assisting any employer that has a discriminatory employment policy.

SNOW: The high court was clear in its unanimous ruling that the Pentagon should be allowed on campus. In his first major opinion, Chief Justice John Roberts wrote, "Accommodating the military's message does not affect the law schools' speech, because the schools are not speaking when they host interviews and recruiting receptions."

The court ruled that universities can bar recruiters, but if they do, they could potentially be shut out of federal funds, funds totalling about $35 billion a year nationwide.

SEKULOW: If they're going to take the dollars from the federal government, then the federal government has the right to have its military recruiters on campus.

SNOW: Some law schools say they still have a right to speak out against the military's policy.

FELDBLUM: I take this Supreme Court's opinion as a call to arms to administrations and faculties across the country, to in fact convey a message of justice, that they don't agree of the policy of don't ask, don't tell.

(END VIDEOTAPE)

SNOW: And the Defense Department issued a statement today saying it is not asking for special treatment. It just wants to be on an even level playing field when it comes to recruiting -- John.

KING: Mary Snow for us in New York.

The latest in a string of very early cases for this new look Bush Supreme Court, causing, shall we say, interesting political debate. Mary Snow thank you very much.