Neal

MEMORANDUM **

Appellants, Stephen Neal and other members of the California State University, Bakersfield (CSUB) Wrestling Team, appeal a grant of summary judgment in favor of appellees. The district court held that appellees’ practice of reducing roster spots in male athletics in order to foster proportionality between men’s and women’s intercollegiate athletic teams does not violate Title IX or the Equal Protection Clause of the Federal Constitution.

I.

We previously considered an appeal from a preliminary injunction in this case. See Neal v. Board of Trustees, 198 F.3d 763 (9th Cir.1999). Appellants essentially ask us to disregard our interpretation of Title IX in that opinion because the law of the case doctrine “should not be applied woodenly when doing so would be inconsistent with considerations of substantial justice.” We are not persuaded that our previous interpretation of Title IX is inconsistent with considerations of substantial justice. Furthermore, the interpretation of Title IX announced in Neal is not only the law of the case. It is the law of this circuit and is therefore binding on all courts in this circuit. See Wolfson v. Watts (In re Watts), 298 F.3d 1077,…