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. 

Read Young America’s Found. v. Gates, No. 08-5366

Appellate Information

Argued March 5, 2009

Decided July 24, 2009

Judges

Opinion by Judge Ginsburg

Concurrence by Judge Randolph

Counsel

For Appellant:

William Perry Pendley, Mountain States Legal Foundation, Denver, CO

Elizabeth Gallaway, Mountain States Legal Foundation, Denver, CO

For Appellee:

Henry C. Whitaker, Attorney, U.S. Department of Justice, Washington, DC

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