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Young America's Foundation v. Gates, 573 F.3d 797 (D.C.Cir. 07/24/2009)

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Argued March 5, 2009

Before: GINSBURG, Circuit Judge, and WILLIAMS and RANDOLPH, Senior Circuit Judges. Opinion for the Court filed by Circuit Judge GINSBURG. Opinion concurring in the judgment filed by Senior Circuit Judge RANDOLPH.

The Young America’s Foundation sued to compel the Secretary of Defense to withhold funds from the University of California-Santa Cruz because the University allegedly maintains a policy or practice that denies military recruiters access to the campus equal to the access available to other employers. The district court dismissed the case for lack of jurisdiction, holding both that YAF lacks standing and that the Secretary’s decision whether to enforce the Solomon Amendment is committed to his discretion by law and therefore not reviewable under the Administrative Procedure Act, see 5 U.S.C. § 701(a)(2). Because we agree YAF lacks standing, we affirm the order of the district court on that ground alone.

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