from the United States Court of Appeals for the Fifth Circuit
See other cases from the Fifth Circuit.
Record retuned to U.S.C.A. for 5th Circuit.
Record returned to U.S.D.C. for Western District of Texas.
JUDGMENT ISSUED.
Judgment VACATED and case REMANDED. Kennedy, J., delivered the opinion of the Court, in which Roberts, C. J., and Scalia, Thomas, Breyer, Alito, and Sotomayor, JJ., joined. Scalia, J., and Thomas, J., filed concurring opinions. Ginsburg, J., filed a dissenting opinion. Kagan, J., took no part in the consideration or decision of the case.
Lodging proposal of respondent approved. 20 copies of the 2008 ApplyTexas Application for Admission, and the Common Application for Admission received and distributed.
Proposal from counsel for the respondents to lodge copies of the 2008 ApplyTexas Application for Admission and the Common Application for Admission.
Argued. For petitioner: Bert W. Rein, Washington, D. C. For respondents: Gregory G. Garre, Washington, D. C.; and Donald B. Verrilli, Jr., Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. Justice Kagan took no part in the consideration or decision of this motion.
Reply of petitioner Abigail Noel Fisher filed. (Distributed)
Brief amicus curiae of David Boyle filed. (Distributed)
Brief amicus curiae of Law School Admission Council filed. (Distributed)
Brief amici curiae of National Latino Organizations filed. (Distributed)
Brief amici curiae of Dean Robert Post and Dean Martha Minow filed. (Distributed)
Brief amici curiae of Association of American Medical Colleges, et al. filed. (Distributed)
Brief amicus curiae of the United States filed. (Distributed)
Brief amici curiae of Former Student Body Presidents of University of Texas at Austin filed. (Distributed)
Brief amici curiae of 38 Current Members of the Texas State Senate and House of Representatives filed. (Distributed)
Brief amici curiae of Ruben Hinojosa, member of Congress, et al. filed. (Distributed)
Brief amici curiae of National Women's Law Center, et al. filed. (Distributed)
Brief amici curiae of Fortune-100 and other leading American businesses filed. (Distributed)
Brief amicus curiae of Howard University School of Law Civil Rights Clinic filed. (Distributed)
Brief amici curiae of Constitutional Law Scholars and Constitutional Accountability Center filed. (Distributed)
Brief amici curiae of National Association of Basketball Coaches, et al. filed. (Distributed)
Brief amici curiae of 28 Undergraduate and Graduate Student Organizations within the University of California filed. (Distributed)
Brief amici curiae of New York, et al. filed. (Distributed)
Brief amici curiae of Former Commissioners and General Counsel of the FCC, et al. filed. (Distributed)
Brief amici curiae of Leading Public Research Universities filed. (Distributed)
Brief amici curiae of Empirical Scholars filed. (Distributed)
Brief amici curiae of the Advancement Project filed. (Distributed)
Brief amici curiae of NAACP, et al. filed. (Distributed)
Brief amicus curiae of Teach for America, Inc. filed. (Distributed)
Brief amici curiae of National League of Cities, et al. filed. (Distributed)
Brief amici curiae of Lawyers' Committee for Civil Rights Under Law, et al. filed. (Distributed)
Brief amicus curiae of Houston Community College System filed. (Distributed)
Brief amici curiae of American Council on Education, et al. filed. (Distributed)
Brief amici curiae of American Educational Research Association, et al. filed. (Distributed)
Brief amici curiae of Members of Asian American Center for Advancing Justice, et al. filed. (Distributed)
Brief amici curiae of California Institute of Technology, et al. filed. (Distributed)
Brief amici curiae of Small Business Owners and Associations filed. (Distributed)
Brief amici curiae of American Jewish Committee, et al. filed. (Distributed)
Brief amicus curiae of American Psychological Association filed. (Distributed)
Brief amici curiae of Brown University, et al. filed. (Distributed)
Brief amici curiae of Applachian State University, et al. filed. (Distributed)
Brief amici curiae of U.S. Senators Harry Reid, et al. filed. (Distributed)
Brief amici curiae of President and Chancellors of the University of California filed. (Distributed)
Brief amicus curiae of New York State Bar Association filed. (Distributed)
Brief amici curiae of Coalition of Black Male Achievement Initiatives filed. (Distributed)
Brief amicus curiae of American Bar Association filed. (Distributed)
Brief amicus curiae of Association of American Law Schools filed. (Distributed)
Brief amici curiae of Black Student Alliance at the University of Texas at Austin, et al. filed. (Distributed)
Brief amici curiae of Council for Minority Affairs at Texas A&M, et al. filed. (Distributed)
Brief amicus curiae of Society of American Law Teachers filed. (Distributed)
Brief amici curiae of Boston Bar Association, et al. filed. (Distributed)
Brief amici curiae of Coalition to Defend Affirmative Action, et al. filed. (Distributed)
Brief amici curiae of College Board and the National School Boards Association, et al. filed. (Distributed)
Brief amicus curiae of State of California filed. (Distributed)
Brief amici curiae of Experimental Psychologists filed. (Distributed)
Brief amicus curiae of Dr. Robert D. Putnam filed. (Distributed)
Brief amicus curiae of The Association of the Bar of the City of New York filed. (Distributed)
Brief amici curiae of Religious Organizations and Campus Ministries, et al. filed. (Distributed)
Brief amici curiae of National Education Association, et al. filed. (Distributed)
Brief amicus curiae of American Civil Liberties Union filed. (Distributed)
Brief amicus curiae of United States Student Association filed. (Distributed)
Brief amicus curiae of Kimberly West -Faulcon filed. (Distributed)
Brief amicus curiae of Family of Heman Sweatt filed. (Distributed)
Brief amici curiae of Lt. Gen. Julius Becton, et al. filed. (Distributed)
Brief amici curiae of Brennan Center for Justice at NYU School of Law, et al. filed. (Distributed)
Brief amicus curiae of United Negro College Fund filed. (Distributed)
Brief amici curiae of Social and Organizational Psychologists filed. (Distributed)
Brief amici curiae of Coalition of Bar Associations of Color filed. (Distributed)
Brief amici curiae of Asian American Legal Defense and Education Fund, et al. filed. (Distributed)
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Brief amici curiae of Distinguished Alumni of the University of Texas at Austin filed. (Distributed)
Brief amici curiae of Fordham University, et al. filed. (Distributed)
Brief amici curiae of Emory Outlaw and Emory Latin American law Students Association filed. (Distributed)
Brief amicus curiae of Anti-Defamation League filed. (Distributed)
Brief amici curiae of Amherst, et al. filed. (Distributed)
Brief amici curiae of Human Rights Advocates, et al. filed. (Distributed)
Brief amici curiae of American Social Science Researchers filed. (Distributed)
Brief amicus curiae of University of North Carolina at Chapel Hill filed. (Distributed)
Brief amicus curiae of Harvard Graduate School of Education Students for Diversity filed. (Distributed)
Brief amici curiae of American Association for Affirmative Action filed. (Distributed)
Brief amicus curiae of National Black Law Students Association filed. (Distributed)
Brief of respondents University of Texas at Austin, et al. filed. (Distributed)
Record received from U.S.D.C. for Western District of Texas. (1 box)
Record received from U.S.C.A. for 5th Circuit. (1 box)
SET FOR ARGUMENT ON Wednesday, October 10, 2012
CIRCULATED.
Brief amici curiae of Abigail Thernstrom, et al. in support of neither party filed.
Brief amicus curiae of Southeastern Legal Foundation, Inc. filed.
Brief amicus curiae of Cato Institute filed.
Brief amici curiae of Scholars of Economics and Statistics filed.
Brief amici curiae of Current and Former Federal Civil Rights Officials filed.
Brief amicus curiae of American Civil Rights Union filed.
Brief amicus curiae of American Center for Law and Justice filed.
Brief amicus curiae of Equal Employment Advisory Council in support of neither party filed.
Brief amici curiae of Judicial Watch, Inc., et al. filed.
Brief amici curiae of Louis D.Brandeis Center for Human Rights Under Law, et al. filed.
Brief amici curiae of Asian American Legal Foundation, et al. filed.
Brief amici curiae of Richard Sander, and Stuart Taylor, Jr. filed.
Brief amicus curiae of Gail Heriot, et al. filed.
Brief amici curiae of Pacific Legal Foundation, et al. filed.
Brief amici curiae of California Association of Scholars, et al. filed.
Brief amicus curiae of The Honorable Allen B. West, Member of Congress and Lieutenant Colonel, United States Army (Ret.) filed.
Brief amicus curiae of Mountain States Legal Foundation filed.
Brief amicus curiae of Center for Individual Rights filed.
Joint appendix filed (with Supplemental volume). (Statement of costs filed)
Brief of petitioner Abigail Noel Fisher filed.
Brief amicus curiae of Texas Association of Scholars filed.
Consent to the filing of amicus curiae briefs in support of either party or neither party received from counsel for the petitioner.
The time to file respondents' brief on the merits is extended to and including August 6, 2012.
The time to file the joint appendix and petitioner's brief on the merits is extended to and including May 21, 2012.
Consent to the filing of amicus briefs, in support of either party or of neither party, received from counsel for the respondents.
Petition GRANTED. Justice Kagan took no part in the consideration or decision of this petition. (orders list)
Reply of petitioner Abigail Noel Fisher filed.
Brief of respondents University of Texas at Austin, et al. in opposition filed.
Order extending time to file response to petition to and including December 7, 2011.
Response Requested . (Due November 30, 2011)
Brief amicus curiae of Mountain States Legal Foundation filed.
Brief amici curiae of California Association of Scholars,et al. filed.
Brief amici curiae of Gail Heriot, Peter Kirsanow, and Todd Gaziano, Commissioners filed.
Brief amicus curiae of Asian American Legal Foundation filed.
Brief amici curiae of Pacific Legal Foundation, et al. filed.
Brief amici curiae of Richard Sander, and Stuart Taylor, Jr. filed.
Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondents.
Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner.
Petition for a writ of certiorari filed. (Response due October 19, 2011)
Abigail Noel Fisher, Petitioner, represented by Bert W. Rein
University of Texas at Austin, et al., Respondent, represented by Gregory G. Garre
University of Texas at Austin, et al., Respondent, represented by Jonathan F. Mitchell
28 Undergraduate and Graduate Student Organizations within the University of Californioa, Amicus Curiae, represented by Monte Cooper
38 Current Members of the Texas State Senate and House of Representatives, Amicus Curiae, represented by Eric L. Lewis
Abigail Thernstrom, et al., Amicus Curiae, represented by Robert Neil Driscoll
American Association for Affirmative Action, Amicus Curiae, represented by Marilynn Louise Schuyler
American Bar Association, Amicus Curiae, represented by Laurel G. Bellows
American Center for Law and Justice, Amicus Curiae, represented by Jay Alan Sekulow
American Civil Liberties Union, Amicus Curiae, represented by Dennis D. Parker
American Civil Rights Union, Amicus Curiae, represented by Peter J. Ferrara
American Council on Education, et al., Amicus Curiae, represented by Martin Michaelson
American Educational Research Association, et al., Amicus Curiae, represented by Angelo N. Ancheta
American Jewish Committee, et al., Amicus Curiae, represented by Richard C. Godfrey
American Psychological Association, Amicus Curiae, represented by Lisa S. Blatt
American Social Science Researchers, Amicus Curiae, represented by Liliana M. Garces
Amherst, et al., Amicus Curiae, represented by Charles S. Sims
Anti-Defamation League, Amicus Curiae, represented by Howard W. Goldstein
Applachian State University, et al., Amicus Curiae, represented by Kim M. Watterson
Asian American Legal Defense and Education Fund, et al., Amicus Curiae, represented by Robert E. Toone Jr.
Asian American Legal Foundation, Amicus Curiae, represented by Gordon M. Fauth Jr.
Asian American Legal Foundation, et al., Amicus Curiae, represented by Erik S. Jaffe
Association of American Law Schools, Amicus Curiae, represented by Pamela S. Karlan
Association of American Medical Colleges, et al., Amicus Curiae, represented by Jonathan S. Franklin
Black Student Alliance at the University of Texas at Austin, et al., Amicus Curiae, represented by Debo P. Adegbile
Boston Bar Association, et al., Amicus Curiae, represented by Jonathan M. Albano
Brennan Center for Justice at NYU School of Law, et al., Amicus Curiae, represented by Steven Scott Michaels
Brown University, et al., Amicus Curiae, represented by Seth P. Waxman
California Association of Scholars,et al., Amicus Curiae, represented by John C. Eastman
California Institute of Technology, et al., Amicus Curiae, represented by Douglas Hallward-Driemeier
Cato Institute, Amicus Curiae, represented by David B. Rivkin Jr.
Center for Individual Rights, Amicus Curiae, represented by Terence John Pell
Coalition of Bar Associations of Color, Amicus Curiae, represented by Jonathan M. Cohen
Coalition of Black Male Achievement Initiatives, Amicus Curiae, represented by Tracie Nichole Ransom
Coalition to Defend Affirmative Action, et al., Amicus Curiae, represented by George B. Washington
College Board and the National School Boards Association, et al., Amicus Curiae, represented by C. Mitchell Brown
Constitutional Law Scholars and Constitutional Accountability Center, Amicus Curiae, represented by Elizabeth B. Wydra
Council for Minority Affairs at Texas A&M, et al., Amicus Curiae, represented by Melissa Hart
Current and jFormer Federal Civil Rights Officials, Amicus Curiae, represented by Michael H. Park
David Boyle, Amicus Curiae, represented by David C. Boyle
Dean Robert Post and Dean Martha Minow, Amicus Curiae, represented by Carter G. Phillips
Distinguished Alumni of the University of Texas at Austin, Amicus Curiae, represented by David C. Frederick
Dr. Robert D. Putnam, Amicus Curiae, represented by Brigida Benitez
Emory Outlaw and Emory Latin American law Students Association, Amicus Curiae, represented by Sarah M. Shalf
Empirical Scholars, Amicus Curiae, represented by Thomas S. Leatherbury
Equal Empoyment Adversary Council, Amicus Curiae, represented by Rae T. Vann
Experimental Psychologists, Amicus Curiae, represented by Stuart Banner
Family of Heman Sweatt, Amicus Curiae, represented by G. Allan Van Fleet
Fordham University, et al., Amicus Curiae, represented by Floyd Abrams
Former Commissioners and General Counsel of the FCC, et al., Amicus Curiae, represented by Ruthanne M. Deutsch
Former Student Body Presidents of University of Texas at Austin, Amicus Curiae, represented by Felicia Reid
Fortune-100 and other leading American businesses, Amicus Curiae, represented by David W. DeBruin
Gail Heriot, et al., Amicus Curiae, represented by Anthony T. Caso
Harvard Graduate School of Education Students for Diversity, Amicus Curiae, represented by Matthew P. Shaw
Houston Community College System, Amicus Curiae, represented by Gene L. Locke
Howard University School of Law Civil Rights Clinic, Amicus Curiae, represented by Aderson B. Francois
Human Rights Advocates, et al., Amicus Curiae, represented by Constance De la Vega
Judicial Watch, Inc., et al., Amicus Curiae, represented by Paul J. Orfanedes
Kimberly West -Faulcon, Amicus Curiae, represented by E. Richard Larson
Law School Admission Council, Amicus Curiae, represented by Jonathan D. Hacker
Lawyers' Comittee for Civil Rights Under Law, et al., Amicus Curiae, represented by Bradley S. Phillips
Leading Public Research Universities, Amicus Curiae, represented by Deanne E. Maynard
Louis D.Brandeis Center for Human Rights Under Law, et al., Amicus Curiae, represented by Alan Gura
Lt. Gen. Julius Becton, et al., Amicus Curiae, represented by Philippa Milane Scarlett
Members of Asian American Center for Advancing Justice, et al., Amicus Curiae, represented by Bill Lann Lee
Mountain States Legal Foundation, Amicus Curiae, represented by J. Scott Detamore
NAACP, et al., Amicus Curiae, represented by Kim M. Keenan
National Association of Basketball Coaches, et al., Amicus Curiae, represented by Theodore Whitman Ruger
National Black Law Students Association, Amicus Curiae, represented by Deborah N. Archer
National Education Association, et al., Amicus Curiae, represented by Alice M. O'Brien
National Latino Organizations, Amicus Curiae, represented by David G. Hinojosa
National League of Cities, et al., Amicus Curiae, represented by Shelley J. Klein
National Women's Law Center, et al., Amicus Curiae, represented by Andrew J. Pincus
New York, et al., Amicus Curiae, represented by Barbara D. Underwood
New York State Bar Association, Amicus Curiae, represented by David M. Schraver
Pacific Legal Foundation, et al., Amicus Curiae, represented by Sharon L. Browne
Pacific Legal Foundation, et al., Amicus Curiae, represented by Meriem L. Hubbard
President and Chancellors of the University of California, Amicus Curiae, represented by Ethan P. Schulman
Reeligious Organizations and Campus Ministries, et al., Amicus Curiae, represented by Allyson N. Ho
Richard Sander, and Stuart Taylor, Jr, Amicus Curiae, represented by Stuart S. Taylor Jr.
Ruben Hinojosa, member of Congress, et al., Amicus Curiae, represented by Steven D. Gordon
Scholars of Economics and Statistics, Amicus Curiae, represented by Kenneth Alan Klukowski
Small Business Owners and Associations, Amicus Curiae, represented by Joseph M. Sellers
Social and Organizational Psychologists, Amicus Curiae, represented by Eva Jefferson Paterson
Society of American Law Teachers, Amicus Curiae, represented by Mark Edward Brossman
Southeastern Legal Foundation, Inc., Amicus Curiae, represented by Shannon Lee Goessling
State of California, Amicus Curiae, represented by Antonette Benita Cordero
Teach for America, Inc., Amicus Curiae, represented by Janet Pitterle Holt
Texas Association of Scholars, Amicus Curiae, represented by Joel C. Mandelman
the Advacement Project, Amicus Curiae, represented by Tomiko Brown-Nagin
The Association of the Bar of the City of New York, Amicus Curiae, represented by Carey R. Dunne
The Honorable Allen B. West, Member of Congress and Lieutenant Colonel, United States Arym (Ret.), Amicus Curiae, represented by R. Lawrence Purdy
the United States, Amicus Curiae, represented by Donald B. Verrilli Jr.
United Negro College Fund, Amicus Curiae, represented by David Eric Schwartz
United States Student Association, Amicus Curiae, represented by Jonathan L. Greenblatt
University of North Carolina at Chapel Hill, Amicus Curiae, represented by John Charles Boger
U.S. Senators Harry Reid, et al., Amicus Curiae, represented by Mitchell Y. Mirviss