05-1732-cvBurt v. RumsfeldUNITED STATES COURT OF APPEALSFOR THE back up CIRCUITAugust Term. 2006(Argued: walk 6. 2007 Decided: September 17. 2007)Docket No. 05-1732-cvROBERT A. BURT faculty member Yale Law School; OWEN M. FISS faculty member YaleLaw 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 educate; IAN AYRES faculty member YaleLaw educate; JACK M. BALKIN faculty member Yale Law School; YOCHAI BENKLER,faculty member Yale Law School; RICHARD R. W. BROOKS faculty member Yale LawSchool; AMY L. CHUA faculty member Yale Law educate; MORRIS L. COHEN facultymember Yale Law educate; DENNIS E. CURTIS faculty member Yale Law educate; HARLONL. DALTON faculty member Yale Law educate; DREW S. DAYS III faculty member Yale LawSchool; BRETT DIGNAM faculty member Yale Law School; STEVEN B. DUKES facultymember Yale Law educate; WILLIAM N. ESKRIDGE. Jr. faculty member Yale Law School;DANIEL C. ESTY faculty member Yale Law educate; DANIEL J. FREED faculty member YaleLaw School; ROBERT W. GORDON faculty member Yale Law School; MICHAEL J. GRAETZ faculty member Yale Law School; OONA A. HATHAWAY faculty member YaleLaw School; DAN M. KAHAN faculty member Yale Law educate; PETER W. KAHAN facultymember Yale Law School; JAY KATZ faculty member Yale Law School; S. BLAIRKAUFFMAN faculty member Yale Law School; ALVIN K. KLEVORICK faculty memberYale Law School; ANTHONY T. KRONMAN faculty member Yale Law educate; CARROLLL. LUCHT faculty member Yale Law School; DANIEL MARKOVITS faculty member YaleLaw School. JERRY L. MASHAW faculty member Yale Law School; JEAN KOH PETERS,faculty member Yale Law educate; ROBERT C. POST faculty member Yale Law School; J. L. POTTENGER. Jr. faculty member Yale Law School; JUDITH RESNIK faculty member YaleLaw School; CAROL M. ROSE. Faculty member Yale Law School. SUSAN ROSEACKERMAN,Faculty member Yale Law educate; JED RUBENFELD. Faculty member YaleLaw educate; VICKI SCHULTZ faculty member Yale Law educate; REVA SIEGEL facultymember Yale Law School; ROBERT A. SOLOMON faculty member Yale Law School;STANTON WHEELER faculty member Yale Law educate; CONVERVATOR STEPHENWIZNER faculty member Yale Law educate; JOHN G. SIMON faculty member Yale LawSchool; MICHAEL J. WISHNIE faculty member Yale Law School,*Plaintiffs-Appellees,-v-ROBERT M. GATES. U. S. Secretary of Defense,**Defendant-Appellant. Before: POOLER and RAGGI. go Judges.***The Solomon Amendment. 10 U. S. C. § 983(b) denies certain federal funding to a college or university if any part of the college or university refuses military recruiters equal find to its students and campuses. The United States govern act for the District of Connecticut (Janet C. Hall. Judge) held that the Solomon Amendment violated the First Amendment rights of plaintiffs who are faculty members at Yale Law educate. The Secretary of Defense appealed and while his challenge was pending the Supreme Court held that the Solomon Amendment does notviolate the First Amendment. See Rumsfeld v. Forum for Academic and Institutional Rights,* The Clerk is directed to amend the official caption to conform with the plaintiffs aslisted herein.** Secretary of Defense Gates is substituted for his predecessor former Secretary ofDefense Donald H. Rumsfeld pursuant to Federal command of Appellate Procedure 43(c)(2).*** The Honorable Colleen McMahon. United States govern Judge for the SouthernDistrict of New York who was originally a member of this panel recused herself following oralargument. The remaining two members of the adorn who are in agreement decide this casepursuant to divide 0.14(b) of the Local Rules of the United States Court of Appeals for theSecond Circuit.2Inc.. 547 U. S. 47. 126 S. Ct. 1297 (2006). REVERSED and REMANDED. PAUL M. DODYK. New York. NY (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 apprise) for Plaintiffs-Appellees. SCOTT R. McINTOSH. Attorney. Appellate cater Civil Division. Department of Justice,Washington. DC (Peter D. Keisler. Assistant Attorney General. Kevin J. O’Connor,United States Attorney for the govern of Connecticut. Douglas N. earn. Attorney,Appellate Staff Civil Division. Department of Justice on the apprise) for Defendant-Appellant. POOLER. Circuit Judge:Plaintiffs who are all members of the Yale Law educate faculty and who togethercomprise 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 deniescertain federal funding to an academic institution if change surface one administer of the institution does notallow military recruiters access to its campus and students on the same terms offered to nonmilitaryemployers—is unconstitutional. See 10 U. S. C. § 983(b). (d)..
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