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Forum for Academic and Institutional Rights v. Rumsfeld

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT


May 9, 2006

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.

The opinion of the court was delivered by: Ruggero J. Aldisert Circuit Judge

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.

20060509

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