Young America's Foundation v. Gates

573 F.3d 797, 387 U.S. App. D.C. 328, 2009 U.S. App. LEXIS 17011, 2009 WL 2194869
Court of Appeals for the D.C. Circuit·Decided July 24, 2009·No. 08-5366·Published·Cited by 15 cases

Opinions

Opinion for the Court filed by Circuit Judge GINSBURG.

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 whether to enforce the Solomon Amendment is committed to his discretion by law and therefore not reviewable under the Administrative Procedure Act, see 5 U.S.C. § 701(a)(2). Because we agree YAF lacks standing, we affirm the order of the district court on that ground alone.

I. Background

No federal funds subject to the so-called Solomon Amendment may be provided to a college or university

if the Secretary of Defense determines that that institution ... has a policy or practice ... that either prohibits, or in effect prevents the Secretary of a military department ... from gaining access to campuses, or access to students ... for purposes of military recruiting in a manner that is at least equal in quality and scope to the access to campuses and to students that is provided to any other employer.

10 U.S.C. § 983(b); see id. § 983(d) (monies to be withheld include all “funds made available for” use by certain departments and agencies, not including funds for student financial assistance).

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Young America's Foundation v. Gates, 573 F.3d 797, 387 U.S. App. D.C. 328, 2009 U.S. App. LEXIS 17011, 2009 WL 2194869 (D.C. Cir. 2009).

573 F.3d 797 (Young America's Foundation v. Gates) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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Young America's Foundation v. Gates
573 F.3d 797 (D.C. Circuit, 2009)