In an action seeking to compel the Secretary of Defense to withhold federal funds from a university that allegedly denied military recruiters equal access to its campus, dismissal of the action is affirmed where plaintiff lacked standing because it failed to show that withholding funds would enable plaintiff's members to meet with military recruiters at on-campus job fairs.
Argued March 5, 2009
Decided July 24, 2009
Opinion by Judge Ginsburg
Concurrence by Judge Randolph
Elizabeth Gallaway, Mountain States Legal Foundation, Denver, CO
Henry C. Whitaker, Attorney, U.S. Department of Justice, Washington, DC