[T]he law school coalition's lawyer, E. Joshua Rosenkranz, had difficulty gaining traction as he urged the justices to uphold the appeals court's judgment that the Solomon Amendment amounted to "compelled speech" by forcing the law schools to convey the military's message. Chief Justice Roberts made his disagreement unmistakable.Roberts seems to have instantly emerged as the dominant voice at oral argument. And he seems to have a way of slamming lawyers in the face with his own clearly stated opinion. Tell me why this is wrong, right now, or forget about it. I hope to see much clearer written opinions from the rejuvenated Court too.
"I'm sorry, but on 'compelled speech,' nobody thinks that this law school is speaking through those employers who come onto its campus for recruitment," the chief justice said. "Nobody thinks the law school believes everything that the employers are doing or saying."
December 7, 2005
I just read Linda Greenhouse's description's of the "lopsided argument during which the justices appeared strongly inclined to uphold [the] federal law":