UNITED STATES of America, Plaintiff-Appellant,
v.
COMMONWEALTH OF VIRGINIA; Lawrence Douglas Wilder, Governor of the Commonwealth of Virginia; Virginia Military Institute; Joseph M. Spivey, III, President of the Virginia Military Institute Board of Visitors; John Williams Knapp, Superintendent of Virginia Military Institute; The Board of Visitors of Virginia Military Institute; Thomas N. Downing; Elizabeth P. Hoisington, Brig. Gen.; Robert Q. Marston; A. Courtland Spotts, III; Daniel F. Flowers; B. Powell Harrison, Jr.; Robert H. Spilman; Samuel E. Woolwine; James W. Enochs, Jr.; William A. Hazel; Harvey S. Sadow; Douglas K. Baumgartner; Daniel D. Cameron; Glen N. Jones; John W. Roberts, Members of the Board of Visitors of Virginia Military Institute; VMI Foundation, Incorporated; VMI Alumni Association, Defendants-Appellees, and
Gordon K. Davies, Director of the Virginia State Council of Higher Education; The Virginia State Council of Higher Education and its Members and Officers, Defendants.
Virginia Women Attorneys Association; Virginia Chapter of the American Association of University Women; Virginia Chapter of the Olderwomen's League; Virginia Federation of Business and Professional Women's Clubs, Incorporated; Friends of VMI for Equality; Alexander W. Astin; American Civil Liberties Union; ACLU Foundation of Virginia; National Women's Law Center; American Association of University Women; Center for Women Policy Studies; National Organization for Women; NOW Legal Defense and Education Fund; Virginia National Organization for Women; Virginia Now Legal Defense and Education Fund, Incorporated; Women's Law Project; Women's Legal Defense Fund, Amici Curiae.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued April 8, 1992.
Decided October 5, 1992.
On Petition for Rehearing with Suggestion for Rehearing November 19, 1992.
Attorney(s) appearing for the Case
Jessica Dunsay Silver, Civil Rights Div., U.S. Dept. of Justice, Washington, D.C., argued (John R. Dunne, Asst. Atty. Gen., David O. Simon, Acting Deputy Asst. Atty. Gen., Thomas E. Chandler, on brief), for plaintiff-appellant.
Robert H. Patterson, Jr., McGuire, Woods, Battle & Boothe, Richmond, Va., Griffin B. Bell, King & Spalding, Atlanta, Ga., argued (William G. Broaddus, Anne Marie Whittemore, J. William Boland, Frank B. Atkinson, H. Alexander Wise, McGuire, Woods, Battle & Boothe, Richmond, Va., William A. Clineburg, Jr., King & Spalding, Atlanta, Ga., William B. Poff, Woods, Rogers & Hazlegrove, Roanoke, Va., on brief), for defendants-appellees.
Eileen N. Wagner, Richmond, Va., Karen R. Keesling, Falls Church, Va., Sylvia Clute, Richmond, Va., for amici curiae, Virginia Women Attys. Ass'n, Virginia Chapters of the American Ass'n of University Women, Older Women's League, Virginia Federation of Business and Professional Women's Clubs, Inc., Friends of VMI for Equality, Dr. Alexander W. Astin.
Ellen J. Vargyas, Shirley Sagawa, Marcia D. Greenberger, National Women's Law Center, Washington, D.C., Joan E. Bertin, Elisabeth A. Werby, Isabelle Katz Pinzler, Jacqueline A. Berrien, American Civ. Liberties Union Foundation, New York City, Stephen B. Pershing, American Civ. Liberties Union Foundation of Virginia, Richmond, Va., for amici curiae, American Civil Liberties Union, ACLU Foundation of Virginia, National Women's Law Center, American Ass'n of University Women, Center for Women Policy Studies, National Organization for Women, NOW Legal Defense and Educ. Fund, Virginia NOW, Virginia NOW Legal Defense and Educ. Fund, Women's Law Project, Women's Legal Defense Fund.
Before PHILLIPS and NIEMEYER, Circuit Judges, and WARD, Senior District Judge for the Middle District of North Carolina, sitting by designation.
United States Court of Appeals, Fourth Circuit.
On Petition for Rehearing with Suggestion for Rehearing In Banc November 19, 1992.
OPINION
NIEMEYER, Circuit Judge:
The male-only admissions policy of Virginia Military Institute (VMI), a state institution of higher education located in Lexington, Virginia, is challenged by the federal government under the Equal Protection Clause of the Fourteenth Amendment and the jurisprudence of Mississippi Univ. for Women v. Hogan,458 U...
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