Desperately Trying to Split Hairs in FAIR

In the wake of the FAIR decision, many commentators have occupied themselves with the question of how the law professors who powered the challenge to the Solomon Amendment could have become so detached from legal reality. However, it should still be noted that many of the profs involved are still sticking to their guns. This post from SCOTUSblog details an effort by left-wing law prof Jack Balkin to keep the issue alive. Also unsurprisingly, his arguments have no more merit than those specifically rejected by the Court in the case.