Opinions of the United 2006 Decisions States Court of Appeals for the Third Circuit

5-9-2006 Forum Academic v. Secretary Defense Precedential or Non-Precedential: Non-Precedential Docket No. 03-4433

Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_2006 Recommended Citation "Forum Academic v. Secretary Defense" (2006). 2006 Decisions. Paper 1142. http://digitalcommons.law.villanova.edu/thirdcircuit_2006/1142

This decision is brought to you for free and open access by the Opinions of the United States Court of Appeals for the Third Circuit at Villanova University School of Law Digital Repository. It has been accepted for inclusion in 2006 Decisions by an authorized administrator of Villanova University School of Law Digital Repository. For more information, please contact [email protected].

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 ________ 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.