United States Federal Circuit
Rothe Dev. Corp. v. Dep't of Defense, 04-1552
Dismissal of plaintiff's challenge, alleging that the 2002 reauthorization of section 1207 of the National Defense Authorization Act is facially unconstitutional, is vacated and remanded for necessary development of the evidentiary record.
Appellate Information
- Decided 06/28/2005
- Published 06/28/2005
Judges
- MICHEL, Chief Judge., Before MICHEL, Chief Judge, NEWMAN and GAJARSA, Circuit Judges.
Court
- United States Federal Circuit
Counsel
- For Appellant:
- David F. Barton, The Gardner Law Firm, of San Antonio, Texas, argued for plaintiff-appellant. With him on the brief was Jay K. Farwell., John H. Findley, Pacific Legal Foundation, of Sacramento, California, for amici curiae Pacific Legal Foundation and Center for Equal Opportunity.
- For Appellees:
- David White, Attorney, Appellate Section, Civil Rights Division, United States Department of Justice, of Washington, DC, argued for defendants-appellees. With him on the brief were R. Alexander Acosta, Assistant Attorney General, Sheldon Bradshaw, Deputy Assistant Attorney General, and David K. Flynn, Chief.