Moot Court: Rumsfeld v. FAIR


The Institute of Bill of Rights Law, part of the William and Mary School of Law, marked the commencement of the new term of the United States Supreme Court with its 18th annual Supreme Court Preview conference. The Supreme Court Preview brought together leading court journalists, advocates, and legal scholars for a day and a half to discuss and analyze the Court’s upcoming term. The first session of the conference featured a moot court argument based on the Rumsfeld v. FAIR case, which was about a federal law that requires colleges and universities that receive certain types of federal aid to allow military recruiters on campus. Some universities viewed this as an intrusion into their First Amendment rights because of the “Don’t Ask, Don’t Tell” policy. Participants included Jay Sekulow of the American Center for Law and Justice representing Rumsfeld; Beth Brinkman, former Asst. to the Solicitor General in the Clinton Administration, representing FAIR (Forum for Academic & Institutional Rights); and Walter Dellinger, former Acting Solicitor General in the Clinton Administration, with an amicus brief representing Harvard Law School Representing Supreme Court Justices were Joan Biskupic, Linda Greenhouse, Charles Lane, Michael Gerhardt, David Savage, John Payton, Stuart Taylor, William Van Alstyne, and Dahlia Lithwick.

Document Type


Publication Date



Play time: 1 hour, 3 minutes

Produced by