FORUM FOR ACADEMIC AND INSTITUTIONAL RIGHTS, a New Jersey membership corporation; Society of American Law Teachers, Inc., a New York corporation; Coalition for Equality, a Massachusetts association; Rutgers Gay and Lesbian Caucus, a New Jersey association; Pam Nickisher, a New Jersey resident; Leslie Fischer, a Pennsylvania resident; Michael Blauschild, a New Jersey resident; Erwin Chemerinsky, a California resident; Sylvia Law, a New York resident, Appellants
v.
Donald H. RUMSFELD, in his capacity as U.S. Secretary of Defense; Rod Paige, in his capacity as U.S. Secretary of Education; Elaine Chao, in her capacity as U.S. Secretary of Labor; Tommy Thompson, in his capacity as U.S. Secretary of Health and Human Services; Norman Y. Mineta, in his capacity as U.S. Secretary of Transportation; Tom Ridge, in his capacity as U.S. Secretary of Homeland Security.
United States Court of Appeals, Third Circuit.https://leagle.com/images/logo.png
Argued June 30, 2004.
Decided November 29, 2004.
Attorney(s) appearing for the Case
E. Joshua Rosenkranz (Argued), Timothy P. Wei, Sharon E. Frase, Heller, Ehrman, White & McAuliffe LLP, New York, NY, Warrington S. Parker, III, Aaron M. Armstrong, Benjamin D. Hauser, Heller, Ehrman, White & McAuliffe LLP, San Francisco, CA, for Appellants.
Peter D. Keisler, Assistant Attorney General, Christopher J. Christie, United State Attorney, Gregory G. Katsas (Argued), Deputy Assistant Attorney General, Douglas N. Letter, Scott R. McIntosh, United States Department of Justice, Civil Division, Appellate Staff, Washington, DC, George S. Leone, Office of the United States Attorney, Newark, NJ, for Appellees.
Paul M. Smith (Argued), William M. Hohengarten, Daniel Mach, Jenner & Block, Washington, DC, Philip G. Gallagher, Lawrence S. Lustberg, Jonathan L. Hafetz, Gibbons, Del Deo, Dolan, Griffinger & Vecchione, New York, NY, Stuart D. Rosen, Bingham McCutchen, Hartford, CT, Jonathan A. Kenter, Bingham McCutchen LLP, New York, NY, Tyler M. Paetkau, Melissa J. Goldberg, Bingham McCutchen LLP, San Francisco, CA, Walter E. Dellinger, III (Argued), Pamela Harris, O'Melveny & Myers, Washington, DC, Hilary E. Ball, Sam Heldman, Gardner, Middlebrooks, Gibbons, Kittrell & Olsen, Washington, DC, David M. Rabban, University of Texas School of Law, Austin, TX, Ann D. Springer, Donna R. Euben, American Association of University Professors, Washington, DC, John L. Moore, Jr., Louis J. Rouleau, Piper Rudnick LLP, Washington, DC, E. O'Brien Kelley, Darren G. Gibson, Piper Rudnick LLP, New York, NY, for Amicus-Appellants.
Howard J. Bashman (Argued), Fort Washington, PA, Steven W. Fitschen, The National Legal Foundation, Virginia Beach, VA, for Amicus-Appellees.
Before: AMBRO, ALDISERT and STAPLETON, Circuit Judges.
United States Court of Appeals, Third Circuit.
OPINION OF THE COURT
AMBRO, Circuit Judge.
The Solomon Amendment, 10 U.S.C. § 983, requires the United States Department of Defense ("DOD") to deny federal funding to institutions of higher education that prohibit military representatives access to and assistance for recruiting purposes. Last fall, the Forum for Academic and Institutional Rights, Inc. ("FAIR"),1 an association of law schools and law faculty, asked the United...
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