The HLS professors’ letter is a “step in the right direction,” said Amanda C. Goad, president of HLS Lambda, a law students’ group that advocates for gay rights.

“University administrations are typically skeptical of efforts like this and protective of their interests,” FAIR President and Boston College law professor Kent Greenfield said.

“Our greatest hope lies with the professors right now,” Lambda Political Chair Amy R. Lawler said.

A FAIR Shake

According to Greenfield, Judge John C. Lifland, who is presiding over the FAIR lawsuit, has indicated that he will rule on the group’s motion for a preliminary injunction by the end of this week.

“An injunction—if entered—could put a hold on Defense Department actions while the judge adjudicates the case more fully,” Greenfield said.

If Lifland issues an injunction, then the case would likely continue for months before he hands down a final ruling.

“If we don’t get the injunction, we plan to appeal immediately to the Third Circuit,” Greenfield said.

FAIR is pursuing a high-risk, high-reward strategy, while Yale faculty members have opted for a “safer course,” said Robert A. Burt, a Yale law professor who is one of the suit’s lead plaintiffs.

The Yale professors “have not asked for temporary relief,” Burt said. “When you ask for an injunction, you have to show that you will be irreparably damaged.”

Since law schools have coped with the Defense Department’s threats for more than one year, judges would be unlikely to agree with FAIR’s request, Burt said.

“If they succeed in their request for an injunction, all credit to them,” Burt said.

But Greenfield stressed the power of FAIR’s coalition.

“While I welcome the Yale faculty’s suit, the best way for schools to show their opposition to the Solomon Amendment is to join FAIR,” Greenfield said.

According to Burt, Yale professors filed suit after the university’s talks with Pentagon officials stalled.