Michael Alexander v. Trustees of Boston University, Michael Alexander v. Trustees of Boston University, Selective Service System

766 F.2d 630, 1985 U.S. App. LEXIS 20066, 54 U.S.L.W. 2033
CourtCourt of Appeals for the First Circuit
DecidedJune 25, 1985
Docket84-1712, 84-1713
StatusPublished
Cited by12 cases

This text of 766 F.2d 630 (Michael Alexander v. Trustees of Boston University, Michael Alexander v. Trustees of Boston University, Selective Service System) is published on Counsel Stack Legal Research, covering Court of Appeals for the First Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Michael Alexander v. Trustees of Boston University, Michael Alexander v. Trustees of Boston University, Selective Service System, 766 F.2d 630, 1985 U.S. App. LEXIS 20066, 54 U.S.L.W. 2033 (1st Cir. 1985).

Opinions

LEVIN H. CAMPBELL, Chief Judge.

This case was brought in the district court by three registration-exempt Boston University theological students who were refused federal financial assistance after they declined to answer questions as to their draft registration status on an aid application form that was prescribed by the United States Department of Education (“DOE”). Concluding that Congress had not authorized DOE to condition registration-exempt students’ receipt of aid on their completion of these forms, the district court enjoined the denial of aid to the three students. Defendants have appealed, and the three plaintiffs have cross-appealed both from the court’s refusal to certify a class and its limitation of injunctive relief to themselves only.

At issue is whether the district court erred in ruling that the regulations adopted by DOE, which require all aid applicants to file a statement indicating either that they have registered for the draft or are exempt, and which deny aid to those who do not comply, exceeds the statutory authority granted to DOE by the Solomon Amendment (“the Amendment”). Plaintiffs are all exempt from draft registration, either on account of gender or age, but object because of religious scruples to filling out and filing a form of this sort, regarding [632]*632such acts as cooperation with a program of military conscription.

I.

An explanation of the statutory and regulatory context will assist in understanding this controversy. The Solomon Amendment to the Military Selective Service Act, 50 U.S.C.App. § 462(f),1 provides that students who are required to register with the Selective Service and fail to do so are ineligible for federal student aid under Title IV of the Higher Education Act of 1965, 20 U.S.C. § 1070 et seq. 50 U.S.C.App. § 462(f)(1). The Solomon Amendment further provides that persons required to register must file with their schools a “statement of compliance” with registration requirements in order to receive aid. Id. § 462(f)(2).

The Secretary of Education, in accordance with the Amendment’s directive to “issue regulations to implement the requirements of this subsection,” id. § 462(f)(4), promulgated regulations2 re[633]*633quiring every aid applicant (with minor, immaterial exceptions) to file a “Statement of Registration Compliance” (“the Statement”) certifying “either that he or she is registered with Selective Service or that, for a specified reason, he or she is not required to be registered.” 34 C.F.R. § 668.24(a)(2). If a student does not file the Statement, the school “may not” provide any otherwise available aid to that student. Id. § 668.24(a)(1). The regulations also contain a model “Statement of Educational Purpose/Registration Compliance,”3 which the Secretary regards “as satisfying the requirements of ... § 668.-24(a),”4 34 C.F.R. § 668.25, and which Bos-

[634]*634ton University required all financial aid applicants to complete.

Two of the three plaintiffs are exempt from the requirements of military draft registration because they are women, and one is exempt because of his age. All three need federal financial aid, available under Title IV, to complete their training at the Boston University School of Theology as ministers in the United Methodist Church, but all three balked at submitting the “Statement of Educational Purpose/Registration Compliance” in order to secure the needed aid. They claimed that their religious beliefs prevented them from cooperating in any fashion with a system of military conscription.5 One student submitted the Statement, under protest, while the other two refused to fill out the Statement and were, as a result, denied federal student aid.

After some preliminary skirmishing with Boston University, the students filed a complaint containing the issue presently before us in the United States District Court for the District of Massachusetts on January 18,1984. They sought declaratory and injunctive relief and damages against the Trustees of Boston University, Dr. John R. Silber, individually and as President of Boston University, the Selective Service System and its Director, Major General Thomas K. Turnage, and the Department of Education and its Secretary, Terrel H. Bell. The complaint alleged three counts: (I) the DOE regulations, and Boston University’s implementation of those regulations as an agent of the federal defendants, violated the plaintiffs’ free exercise rights; (II) Silber’s and Boston University’s policy violated the plaintiffs’ religious freedom rights under state constitutional and statutory law, and violated the Boston University Charter; and (III) the DOE regulations are inconsistent with and beyond the authority conferred by the Solomon Amendment because the regulations require persons who are not required to register to submit a Statement of Registration Compliance and deny Title IV aid to persons not subject to any registration requirement. Plaintiffs had also filed a motion for a preliminary injunction to restrain Boston University and the federal defendants from enforcing the DOE regulations.

On April 11, 1984, the court granted plaintiffs’ motion for a preliminary injunction. The court ruled that the regulations were not “reasonably related to the enabling legislation,” Mourning v. Family Publications Service, Inc., 411 U.S. 356, 369, 93 S.Ct. 1652, 1661, 36 L.Ed.2d 318 (1973), because the regulations imposed the “sanction” of denial of aid on a “potentially much larger group” than Congress intended. Alexander v. Trustees of Boston University, 584 F.Supp. 282, 283, 285 (D.Mass.1984). The court also believed that the Secretary overstepped his authority because the regulations “needlessly conflict with the Title IV educational aid program.” Id. at 286. The court stated that “unsupported” assertions of possible delay and expense accruing from other means of determining an applicant’s draft status did [635]*635not justify DOE’s overstepping the power delegated it by Congress. Id. at 285.

The district court went on to say that denying aid to fully qualified persons simply because they fail to file the statement is disproportionately harsh. Even when an administrative agency is authorized by statute to impose sanctions, a court may overturn that decision if it finds the sanction “ ‘unwarranted in law or ... without justification in fact.’ ” Butz v. Glover Livestock Commission, 411 U.S. 182,185-86 [93 S.Ct. 1455, 1458, 36 L.Ed.2d 142], reh. denied, 412 U.S. 933 [93 S.Ct. 2746, 37 L.Ed.2d 162] (1973).

Id. The court singled out two characteristics of the regulatory “sanction”6 that made it disproportionately harsh and required a finding that the Secretary’s action was “unwarranted by law and so far beyond delegated authority as to be arbitrary and capricious.” Id. First, the Secretary has required application of the “sanction” of aid denial to those who fully qualified for benefits under statutory standards.

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766 F.2d 630, 1985 U.S. App. LEXIS 20066, 54 U.S.L.W. 2033, Counsel Stack Legal Research, https://law.counselstack.com/opinion/michael-alexander-v-trustees-of-boston-university-michael-alexander-v-ca1-1985.