Joseph C. STEFFAN, Appellant,
v.
Les ASPIN, Secretary of Defense, et al.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued September 13, 1993.
Decided November 16, 1993.
Order Granting Rehearing and Vacating Judgment January 7, 1994.
Attorney(s) appearing for the Case
Marc Wolinsky, argued the cause for appellant. With him on the briefs were Lambda Legal Defense and Education Fund, Inc., Norman Redlich, William C. Sterling, Jr., and Vineet Bhatia, Wachtell, Lipton, Rosen & Katz and Calvin Steinmetz, Steinmetz, Weinberg and Moats.
Anthony J. Steinmeyer, Atty., U.S. Dept. of Justice, argued the cause, for appellees. With him on the brief were J. Ramsey Johnson, Acting U.S. Atty., and E. Roy Hawkins, Atty., U.S. Dept. of Justice.
On the brief for amici curiae, the American Jewish Committee was David McBride. With him on the briefs, the Asian-American Legal Defense Fund, the American Jewish Congress and the Puerto Rican Legal Defense Fund.
On the brief for amicus curiae The American Ass'n of University Professors were Robert C. Post, Scott L. Nelson, and Ann H. Franke. Mark D. Laponsky entered an appearance.
On the brief for amici curiae NOW Legal Defense and Educ. Fund, et al., were Deborah A. Ellis and Anne L. Clark.
On the brief for amici curiae The American Civil Liberties Union AIDS Project, et al., were Steven R. Shapiro and Arthur B. Spitzer.
Before: MIKVA, Chief Judge, WALD and EDWARDS, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Order Granting Rehearing In Banc and Vacating Judgment January 7, 1994.
Opinion for the Court filed by Chief Judge MIKVA.
MIKVA, Chief Judge:
Joseph Steffan was, by all accounts, an exceptional midshipman as he prepared to graduate from the United States Naval Academy in 1987. Mr. Steffan's exemplary performance at the Academy had earned him numerous honors and the respect and praise of his superior officers. Most notably, he was selected in his senior...
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