Oral arguments began last Friday as groups representing law schools nationwide continued their suit against the Department of Defense for their forced presence in recruiting offices on university campuses.
The collective action was initially filed on Sept. 19, with the Society of American Law Teachers and the Forum for Academic and Institutional Rights and the Forum for Academic and Institutional Rights as the two main litigants. The case is in response to the federal government's requirement that law schools allow the military full access to recruit students on campus. If schools do not comply, federal funding is rescinded.
Due to the military's "don't ask, don't tell" policy regarding gays, law schools with sexual orientation in their nondiscrimination policies have resisted the military's requests to recruit on campuses.
But with hundreds of millions of dollars in government funds at stake for each university, the military has been successful in securing recruiters on many campuses.
As the case is still in its preliminary stages, only two hours of arguments were held so that Judge John Lifland could rule on preliminary motions.
In the first, the group of law schools, represented collectively by SALT and FAIR, requested a preliminary injunction to immediately prevent the military from forcibly recruiting on campus until the resolution of the case.
Additionally, the Department of Defense presented arguments in support of their motion to dismiss the case.
Although no further arguments are expected on the motions, it is not yet known when Lifland will issue a ruling. Nevertheless, FAIR President Kent Greenfield said he expects a response from Lifland next week.
Although some Penn professors are members of SALT, professors and students from the Law School filed their own, separate action against the DOD. The suit, filed on Oct. 1, hopes to separate Penn's over $500 million in federal funding from the military's ability to use Law School personnel for recruitment purposes.
The amendment that ties federal funding to military recruitment is known as the Solomon Amendment.
SALT and FAIR are represented by the San Francisco-based law firm of Heller Ehrman White & McAuliffe.
Heller Ehrman associate Sharon Frase commented on the level of student activism and support for the case.
"Students were in attendance at the hearing and in addition have passed on their gratitude and excitement" about the suit, she said.
"Students are active on their campuses encouraging their faculties and administrators to join FAIR," Frase added.
Before the suit was filed, Penn students demonstrated their support of the issue. On Sept. 15, a group led by Law School students marched in protest of judge advocate general recruitment by Air Force officials. Recruitment has since ended.
