Here is a hypo that involves a young man who has applied to Nebraska Military College ("NMC"), a state college that specializes in military training and limits admission to males only.
Suppose John Damon, a young man who has a particular interest in the type of curriculum offered at NMC, applies to the school but is denied admission. He wishes to sue the school and its admissions policy in federal court. He would like to bring two constitutional claims against the school:
(1) a claim that the school’s admissions policy violates the Due Process Clause of the 14th Amendment, because it’s emphasis on personal recommendations from alumni of NMC renders the admissions policy arbitrary and capricious and thus violates due process; and
(2) a claim under the Equal Protection Clause of the 14th Amendment challenging the constitutionality of the policy because it’s total exclusion of female applicants constitutes unlawful gender discrimination.
Assume that, on the merits, the first claim is weak and the second claim is strong. Does Johnny Damon have standing to assert these claims in federal court?
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