Aldisert wrote a dissenting opinion in FAIR v. Rumsfeld,FAIR v Rumsfeld, 390 F.3d 219 (2004) a high-profile case challenging the Solomon Amendment, a federal law denying federal funding to colleges and universities which prohibited on-campus recruiting by the military. The majority opinion enjoined enforcement of the law on First Amendment grounds (campuses had barred military recruiters based on the military's then "don't ask, don't tell" policy concerning sexual orientation). The United States Supreme Court ultimately vindicated Judge Aldisert's dissenting view which found the measures constitutional; Chief Justice John Roberts wrote the unanimous opinion in Rumsfeld v. Forum for Academic & Institutional Rights, Inc.547 U.S. 47 (2006)
