Forum for Academic v. Donald H. Rumsfeld, in his capacity as U.S. Secretary of Defense

UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
________
No. 03-4433
________
FORUM FOR ACADEMIC AND INSTITUTIONAL RIGHTS, a New Jersey
membership corporation; SOCIETY OF AMERICAN LAW TEACHERS, INC., a New
York corporation; COALITION FOR EQUALITY, a Massachusetts association;
RUTGERS GAY AND LESBIAN CAUCUS, a New Jersey association; PAM
NICKISHER, a New Jersey resident; LESLIE FISCHER, a Pennsylvania resident;
MICHAEL BLAUSCHILD, a New Jersey resident; ERWIN CHEMERINSKY, a
California resident, SYLVIA LAW, a New York resident,
Appellants
v.
DONALD H. RUMSFELD, in his capacity as U.S. Secretary of Defense; ROD PAIGE,
in his capacity as U.S. Secretary of Education; ELAINE CHAO, in her capacity as U.S.
Secretary of Labor; TOMMY THOMPSON, in his capacity as U.S. Secretary of Health
and Human Services; NORMAN Y. MINETA, in his capacity as U.S. Secretary of
Transportation; TOM RIDGE, in his capacity as U.S. Secretary of Homeland Security
________
On Appeal from the United States District Court
for the District of New Jersey
(D.C. No. 03-cv-04433)
District Judge: Honorable John C. Lifland
________
BEFORE: AMBRO, ALDISERT and STAPLETON, Circuit Judges.
________
Argued on June 30, 2004
Decided November 29, 2004
On Remand from the Supreme Court of the United States May 2, 2005
________

-- 1 of 2 --

In light of the decision of the United States Supreme Court in Rumsfeld v. Forum
for Academic and Institutional Rights, Inc., et al., 126 S.Ct. 1297 (March 6, 2006), it is
ORDERED that the judgment of the District Court be and is hereby AFFIRMED.
Appellants to pay costs.
BY THE COURT
/s/ Ruggero J. Aldisert
Circuit Judge
Dated: May 9, 2006
ghb/cc: E. Joshua Rosenkranz, Esq.
(Scott R. McIntosh, Esq.
Douglas N. Letter, Esq.
Gregory G. Katsas, Esq.
John L. Moore, Jr., Esq.
Paul M. Smith, Esq.
Hilary E. Ball, Esq.
Howard J. Bashman, Esq.
Steven W. Fitschen, Esq.
Philip G. Gallagher, Esq.
Stuart D. Rosen, Esq.
Walter E. Dellinger, III, Esq.

-- 2 of 2 --