Doe v. Hagenbeck

ORDER AND OPINION GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION TO DISMISS COMPLAINT

ALVIN K. HELLERSTEIN, District Judge:

This ease presents a novel legal question: whether the federal judiciary must refrain from issuing remedial relief and damages for the constitutional deprivation of a woman’s equal protection right to a West Point education free of discrimination and hostility, on the ground that doing so would interfere with the right and power of the Executive Branch to command, and the Legislature’s right and power to legislate, with respect to the nation’s military forces.

Plain…