The Solomon Amendment relating to ROTC and military recruiting was passed in 1996.
This alteration significantly strengthened the reach of the Solomon Amendment, since recruiters were most often denied access to law schools, which receive little federal money.
The Solomon Amendment made the universities' problem even bigger-by cutting off federal funds to schools that kept the military recruiters off-campus.
Then, in 2004, after the Third Circuit declared the Solomon Amendment unconstitutional, she evicted the military-sort of.
Congress responded with a series of increasingly punitive measures, all known as the Solomon Amendment, culminating in the 2004 statute at issue in the case.
"As a general matter, the Solomon Amendment regulates conduct, not speech," the chief justice said.
Another conclusion was that the Solomon Amendment did not interfere with another interest protected by the First Amendment, the law schools' freedom of association.
The court noted that the Solomon Amendment neither denies the institutions the right to speak, nor requires them to say anything.
A federal law known as the Solomon Amendment requires universities that receive federal money to allow the military to recruit on campus.
Under federal government's Solomon Amendment, the state was facing the loss of $70 million in grants and student aid.