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YOUNG AMERICA'S FOUNDATION v. GATES

No. 08-5366.

573 F.3d 797 (2009)

YOUNG AMERICA'S FOUNDATION, Appellant v. Robert M. GATES, Secretary, U.S. Department of Defense, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided July 24, 2009.

Attorney(s) appearing for the Case

William Perry Pendley argued the cause for appellant. With him on the briefs was Elizabeth Gallaway.

Henry C. Whitaker, Attorney, U.S. Department of Justice, argued the cause for appellee. With him on the brief were Gregory G. Katsas, Assistant Attorney General, Jeffrey A. Taylor, U.S. Attorney, and Scott R. McIntosh, Attorney.

Opinion concurring in the judgment filed by Senior Circuit Judge RANDOLPH.

GINSBURG, Circuit Judge:

The Young America's Foundation sued to compel the Secretary of Defense to withhold funds from the University of California —Santa Cruz because the University allegedly maintains a policy or practice that denies military recruiters access to the campus equal to the access available to other employers. The district court dismissed the case for lack of jurisdiction, holding both that YAF lacks standing and that the Secretary's decision...

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