STUDENTS FOR SENSIBLE DRUG POLICY v. SPELLINGS

No. 07-1159.

523 F.3d 896 (2008)

STUDENTS FOR SENSIBLE DRUG POLICY FOUNDATION, on behalf of itself and its members; Kraig Selken; Nathan Bush; Alex Schwab, on behalf of themselves and all other similarly situated individuals, Appellants, v. Margaret SPELLINGS, Secretary of the United States Department of Education, in her official capacity, Appellee. Protestants for the Common Good, and United Church of Christ, Justice and Witness Ministries, Amici Curiae.

United States Court of Appeals, Eighth Circuit.

Filed: April 29, 2008.


Attorney(s) appearing for the Case

Adam Brett Wolf, argued, Graham Boyd, M. Allen Hopper, Santa Cruz, CA, Erwin Chemerinsky, Durham, NC, Ronald A. Wager, James M. Creme, Danell J. Daugherty, Aberdeen, SD, on the brief, for Appellants.

Sarang Vijay Damle, argued, Mark B. Stern. on the brief, Washington, DC, for Appellee.

William F. Alderman, Eric M. Hairston, Catherine Lui, San Francisco, CA, filed a brief for Amici Curiae in support of Appellants.

Before WOLLMAN, JOHN R. GIBSON, and BENTON, Circuit Judges.


BENTON, Circuit Judge.

Students for Sensible Drug Policy Foundation ("Students") sued for an injunction and a declaratory judgment that 20 U.S.C. § 1091(r) is unconstitutional because it violates the Fifth and Eighth Amendments to the United States Constitution. The district court1 dismissed the complaint for failure to state a claim upon which relief...

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