BURT v. GATES

Docket No. 05-1732-cv.

502 F.3d 183 (2007)

Robert A. BURT, faculty member Yale Law School; Owen M. Fiss, faculty member Yale Law School, Harold Hongju Koh, faculty member Yale Law School; Kenji Yoshino, faculty member Yale Law School; Bruce Ackerman, faculty member Yale Law School; Anne L. Alstott, faculty member Yale Law School; Ian Ayres, faculty member Yale Law School; Jack M. Balkin, faculty member Yale Law School; Yochai Benkler, faculty member Yale Law School; Richard R.W. Brooks, faculty member Yale Law School; Amy L. Chua, faculty member Yale Law School; Morris L. Cohen, faculty member Yale Law School; Dennis E. Curtis, faculty member Yale Law School; Harlon L. Dalton, faculty member Yale Law School; Drew S. Days III, faculty member Yale Law School; Brett Dignam, faculty member Yale Law School; Steven B. Dukes, faculty member Yale Law School; William N. Eskridge, Jr., faculty member Yale Law School; Daniel C. Esty, faculty member Yale Law School; Daniel J. Freed, faculty member Yale Law School; Robert W. Gordon, faculty member Yale Law School; Michael J. Graetz, faculty member Yale Law School; Oona A. Hathaway, faculty member Yale Law School; Dan M. Kahan, faculty member Yale Law School; Peter W. Kahan, faculty member Yale Law School; Jay Katz, faculty member Yale Law School; S. Blair Kauffman, faculty member Yale Law School; Alvin K. Klevorick, faculty member Yale Law School; Anthony T. Kronman, faculty member Yale Law School; Carroll L. Lucht, faculty member Yale Law School; Daniel Markovits, faculty member Yale Law School, Jerry L. Mashaw, faculty member Yale Law School; Jean Koh Peters, faculty member Yale Law School; Robert C. Post, faculty member Yale Law School; J.L. Pottenger, Jr., faculty member Yale Law School; Judith Resnik, faculty member Yale Law School; Carol M. Rose, Faculty member Yale Law School, Susan Rose-Ackerman, Faculty member Yale Law School; Jed Rubenfeld, Faculty member Yale Law School; Vicki Schultz, faculty member Yale Law School; Reva Siegel, faculty member Yale Law School; Robert A. Solomon, faculty member Yale Law School; Stanton Wheeler, faculty member Yale Law School; Convervator Stephen Wizner, faculty member Yale Law School; John G. Simon, faculty member Yale Law School; Michael J. Wishnie, faculty member Yale Law School, Plaintiffs-Appellees, v. Robert M. GATES, U.S. Secretary of Defense, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: September 17, 2007.


Attorney(s) appearing for the Case

Paul M. Dodyk, New York, N.Y. (Daniel Slifkin, Stephen E. Frank, and Gabriel F. Soledad, Cravath, Swaine & Moore, LLP, New York, NY, and David N. Rosen, David Rosen & Associates, P.C., New Haven, CT, on the brief) for Plaintiffs-Appellees.

Scott R. McIntosh, Attorney, Appellate Staff Civil Division, Department of Justice, Washington, DC (Peter D. Keisler, Assistant Attorney General, Kevin J. O'Connor, United States Attorney for the District of Connecticut, Douglas N. Letter, Attorney, Appellate Staff Civil Division, Department of Justice, on the brief), for Defendant-Appellant.

Before: POOLER and RAGGI, Circuit Judges.


POOLER, Circuit Judge:

Plaintiffs, who are all members of the Yale Law School faculty and who together comprise a voting majority of the faculty,1 sued then Secretary of Defense Donald M. Rumsfeld (the "Secretary"), alleging that the Solomon Amendment, 10 U.S.C. § 983(b)—which denies certain federal funding to an academic institution if even one portion of the institution does not...

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