Burt v. Gates

POOLER, Circuit Judge:

Plaintiffs, who are all members of the Yale Law School faculty and who together comprise 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 denies certain federal funding to an academic institution if even one portion of the institution does not allow military recruiters access to its campus and students on the same terms offered to non-military employers — is unconstitutional. See 10 U.S.C. § 983(b), (d). The United States District Court for the District…