from the United States Court of Appeals for the Fifth Circuit
See other cases from the Fifth Circuit.
JUDGMENT ISSUED
Adjudged to be AFFIRMED. Kennedy, J., delivered the opinion of the Court, in which Ginsburg, Breyer, and Sotomayor, JJ., joined. Thomas, J., filed a dissenting opinion. Alito, J., filed a dissenting opinion, in which Roberts, C. J., and Thomas, J., joined. Kagan, J., took no part in the consideration or decision of the case.
Argued. For petitioner: Bert 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.)
Reply of petitioner Abigail Noel Fisher filed. (Distributed)
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.
Brief amici curiae of American Association for Access, Equity and Diversity, et al. filed. (Distributed)
Brief amici curiae of Constitutional Law Scholars and Constitutional Accountability Center filed. (Distributed)
Brief amici curiae of Ruben Hinojosa, Member of Congress, et al. filed. (Distributed)
Brief amici curiae of the Black Student Alliance at the University of Texas at Austin, et al. filed. (Distributed)
Brief amicus curiae of Association of American Law Schools filed. (Distributed)
Brief amici curiae of 53 Current Members of the Texas State Senate and House of Representatives filed. (Distributed)
Brief amici curiae of Current and Former Student Body Presidents of University of Texas at Austin filed. (Distributed)
Brief amicus curiae of Kimberly West-Faulcon filed. (Distributed)
Brief amici curiae of American Jewish Committee, et al. filed. (Distributed)
Brief amici curiae of Association of American Medical Colleges, et al. filed. (Distributed)
Brief amici curiae of Students from the New York University School of Law Seminar on Critical Narratives in Civil Rights filed. (Distributed)
Brief amici curiae of Leading Public Research Universities The University of Delaware, et al. filed. (Distributed)
Brief amici curiae of Brown University, et al. filed. (Distributed)
Brief amicus curiae of the United States filed. (Distributed)
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Brief amicus curiae of American Psychological Association filed. (Distributed)
Brief amici curiae of the President and the Chancellors of the University of California filed. (Distributed)
Brief amici curiae of Fortune-100 and Other Leading American Businesses filed. (Distributed)
Brief amici curiae of National Association of Basketball Coaches, et al. filed. (Distributed)
Brief amici curiae of Empirical Scholars filed. (Distributed)
Brief amicus curiae of Harvard University filed. (Distributed)
Brief amici curiae of Civil Rights Clinic and the Education Rights Center at Howard University School of Law filed. (Distributed)
Brief amici curiae of National Education Association, et al. filed. (Distributed)
Brief amici curiae of United Negro College Fund and National Urban League filed. (Distributed)
Brief amici curiae of California Institute of Technology, et al. filed. (Distributed)
Brief amici curiae of National Association for the Advancement of Colored People, and Texas State Conference of the NAACP filed. (Distributed)
Brief amici curiae of Amherst College, et al. filed. (Distributed)
Brief amici curiae of Professors Cedric Merlin Powell, et al. filed. (Distributed)
Brief amici curiae of U.S. Senators Harry Reid, et al. filed. (Distributed)
Brief amici curiae of Teach for America, et al. filed. (Distributed)
Brief amicus curiae of Anti-Defamation League filed. (Distributed)
Brief amicus curiae of American Bar Association filed. (Distributed)
Brief amici curiae of Religious Organizations and Campus Ministries, et al. filed. (Distributed)
Brief amici curiae of Dupont, IBM, Intel, and National Action Council for Minorities in Engineering filed. (Distributed)
Brief amicus curiae of University of Michigan filed. (Distributed)
Brief amici curiae of 39 Undergraduate and Graduate Student Organizations Within the University of California filed. (Distributed)
Brief amicus curiae of Six Educational Nonprofit Organizations filed. (Distributed)
Brief amici curiae of Asian American Legal Defense and Education Fund, et al. filed. (Distributed)
Brief amici curiae of Dean Robert Post and Dean Martha Minow filed. (Distributed)
Brief amici curiae of National School Boards Association, et al. filed. (Distributed)
Brief amici curiae of Massachusetts, et al. filed. (Distributed)
Brief amici curiae of Experimental Psychologists filed. (Distributed)
Brief amicus curiae of David Boyle filed. (Distributed)
Brief amici curiae of Cecilia Polanco, et al. filed. (Distributed)
Brief amici curiae of Social and Organizational Psychologists filed. (Distributed)
Brief amici curiae of National Women's Law Center, et al. filed. (Distributed)
Brief amici curiae of Boston Bar Association, et al. filed. (Distributed)
Brief amici curiae of Lt. Gen. Julius W. Becton, Jr., et al. filed. (Distributed)
Brief amici curiae of Leadership Conference on Civil and Human Rights and the Southern Poverty Law Center, et al. filed. (Distributed)
Brief amici curiae of Members of Asian-Americans Advancing Justice, et al. filed. (Distributed)
Brief amici curiae of National and Texas Latino Organizations filed. Distributed).
Brief amici curiae of Legal Scholars Defending Diversity in Higher Education filed. (Distributed)
Brief amici curiae of The College Board, AACRAO, NCAC, and LSAC filed. (Distributed)
Brief amici curiae of American Civil Liberties Union and the ACLU of Texas filed. (Distributed)
Brief amicus curiae of Society for American Law Teachers filed. (Distributed)
Brief amicus curiae of California filed. (Distributed)
Brief amici curiae of American Council on Education and 37 Other Higher Education Organizations filed. (Distributed)
Brief amici curiae of Coalition of Bar Associations of Color filed. (Distributed)
Brief amici curiae of American Educational Research Association, et al. filed. (Distributed)
Brief amicus curiae of Intercultural Development Research Association (IDRA) filed.
Brief amici curiae of 823 Social Scientists filed. (Distributed)
Brief amicus curiae of University of North Carolina at Chapel Hill filed. (Distributed)
Brief amicus curiae of New York State Bar Association filed. (Distributed)
Brief amicus curiae of Richard Lempert filed. (Distributed)
Brief amicus curiae of Professor W. Burlette Carter filed. (Distributed)
Brief amici curiae of Human Rights Advocates, et al. filed. (Distributed)
Brief amicus curiae of New York Law School Racial Justice Project filed. (Distributed).
Brief amici curiae of Nationwide Coalition of Educators, et al. filed. (Distributed)
CIRCULATED.
Brief of respondents University of Texas at Austin, and Individual Respondents filed.
Brief amicus curiae of The Family of Heman Sweatt filed.
Record requested from U.S.C.A. 5th Circuit.
SET FOR ARGUMENT on Wednesday, December 9, 2015
Brief amicus curiae of Richard Sander in support of neither party filed.
Brief amici curiae of Pacific Legal Foundation, et al. filed.
Brief amicus curiae of James F. Blumstein filed.
Brief amici curiae of Judicial Watch, Inc., et al. filed.
Brief amicus curiae of Indiana Tech Law School Amicus Project filed.
Brief amici curiae of Asian American Legal Foundation, et al. filed.
Brief amicus curiae of California Association of Scholars filed.
Brief amicus curiae of David Orentlicher in support of neither party filed.
Brief amicus curiae of Mountain States Legal Foundation filed.
Brief amicus curiae of Southeastern Legal Foundation filed.
Brief amicus curiae of Richard D. Kahlenberg in support of neither party filed.
Brief amicus curiae of Judicial Education Project filed.
Brief amicus curiae of The Cato Institute filed.
Brief amicus curiae of American Center for Law and Justice filed.
Brief amicus curiae of Center for Individual Rights filed.
Brief amici curiae of Gail Heriot and Peter Kirsanow, Members of the United States Commission on Civil Rights filed.
Brief of petitioner Abigail Noel Fisher filed.
Joint appendix filed (2 volumes). (Statement of costs filed.)
Brief amicus curiae of Jonathan Zell filed.
Consent to the filing of amicus curiae briefs in support of either party or of neither party 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.
The time to file the joint appendix and petitioner's brief on the merits is extended to and including September 3, 2015.
The time to file respondents' briefs on the merits is extended to and including October 26, 2015.
Petition GRANTED. Justice Kagan took no part in the consideration or decision of this petition.
Reply of petitioner Abigail Noel Fisher filed. (Distributed)
Brief of respondents University of Texas at Austin, and Individual Respondents in opposition filed.
Brief amicus curiae of American Civil Rights Union filed.
Brief amicus curiae of Southeastern Legal Foundation filed.
Brief amicus curiae of Mountain States Legal Foundation filed.
Brief amicus curiae of Center for Constitutional Jurisprudence filed.
Brief amicus curiae of The Cato Institute filed.
Brief amici curiae of Pacific Legal Foundation, et al. filed.
Brief amici curiae of Gail Heriot, and Peter Kirsanow filed.
Brief amici curiae of Judicial Watch, Inc, and Allied Educational Foundation filed.
Order extending time to file response to petition to and including April 15, 2015.
Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from cousel for University of Texas at Austin, and Individual 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 March 16, 2015)
Abigail Noel Fisher, Petitioner, represented by Bert W. Rein
University of Texas at Austin, and Individual Respondents, Respondent, represented by Gregory G. Garre
39 Undergraduate and Graduate Student Organizations Within the University of California, Amicus Curiae, represented by Monte Cooper
53 Current Members of the Texas State Senate and House of Representatives, Amicus Curiae, represented by Eric L. Lewis
823 Social Scientists, Amicus Curiae, represented by Liliana M. Garces
American Association for Access, Equity and Diversity, et al., Amicus Curiae, represented by Joseph D. Weiner
American Bar Association, Amicus Curiae, represented by Paulette Brown
American Center for Law and Justice, Amicus Curiae, represented by Jay Alan Sekulow
American Civil Liberties Union and the ACLU of Texas, Amicus Curiae, represented by Dennis D. Parker
American Civil Rights Union, Amicus Curiae, represented by Peter J. Ferrara
American Council on Education and 37 Other Higher Education Organizations, 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
Amherst College, et al., Amicus Curiae, represented by Charles S. Sims
Anti-Defamation League, Amicus Curiae, represented by Lisa Heather Bebchick
Asian American Legal Defense and Education Fund, et al., Amicus Curiae, represented by Dean Richlin
Asian American Legal Foundation, Amicus Curiae, represented by Gordon M. Fauth Jr.
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
Boston Bar Association, et al., Amicus Curiae, represented by Jonathan M. Albano
Brown University, et al., Amicus Curiae, represented by Paul M. Smith
California, Amicus Curiae, represented by Antonette Benita Cordero
California Association of Scholars, Amicus Curiae, represented by John C. Eastman
California Institute of Technology, et al., Amicus Curiae, represented by Jeffrey A. Udell
Cecilia Polanco, et al., Amicus Curiae, represented by Reed N. Colfax
Center for Individual Rights, Amicus Curiae, represented by Michael E. Rosman
Civil Rights Clinic and the Education Rights Center at Howard University School of Law, Amicus Curiae, represented by Aderson B. Francois
Coalition of Bar Associations of Color, Amicus Curiae, represented by Jonathan M. Cohen
Constitutional Law Scholars and Constitutional Accountability Center, Amicus Curiae, represented by Elizabeth B. Wydra
Current and Former Student Body Presidents of University of Texas at Austin, Amicus Curiae, represented by Felicia Reid
David Boyle, Amicus Curiae, represented by David C. Boyle
David Orentlicher in support of neither party, Amicus Curiae, represented by David Orentlicher
Dean Robert Post and Dean Martha Minow, Amicus Curiae, represented by Carter G. Phillips
Dupont, IBM, Intel, and National Action Council for Minorities in Engineering, Amicus Curiae, represented by Donald B. Ayer
Empirical Scholars, Amicus Curiae, represented by A.W. Phinney III.
Experimental Psychologists, Amicus Curiae, represented by Rachel D. Godsil
Fortune-100 and Other Leading American Businesses, Amicus Curiae, represented by David W. DeBruin
Gail Heriot and Peter Kirsanow, Members of the United States Commission on Civil Rights, Amicus Curiae, represented by Peter N. Kirsanow
Harvard University, Amicus Curiae, represented by Seth P. Waxman
Human Rights Advocates, et al., Amicus Curiae, represented by Constance De la Vega
Indiana Tech Law School Amicus Project, Amicus Curiae, represented by Adam Lamparello
Intercultural Development Research Association (IDRA), Amicus Curiae, represented by David G. Hinojosa
James F. Blumstein, Amicus Curiae, represented by James F. Blumstein
Jonathan Zell, Amicus Curiae, represented by Jonathan R. Zell
Judicial Education Project, Amicus Curiae, represented by Bradley A. Benbrook
Judicial Watch, Inc., et al., Amicus Curiae, represented by Chris Fedeli
Kimberly West-Faulcon, Amicus Curiae, represented by Kimberly C. West-Faulcon
Leadership Conference on Civil and Human Rights and the Southern Poverty Law Center, et al., Amicus Curiae, represented by Brigida Benitez
Leading Public Research Universities The University of Delaware, et al., Amicus Curiae, represented by Walter Dellinger
Legal Scholars Defending Diversity in Higher Education, Amicus Curiae, represented by Shakira Denise Pleasant
Lt. Gen. Julius W. Becton, Jr., et al., Amicus Curiae, represented by Michael M. Purpura
Massachusetts, et al., Amicus Curiae, represented by Maura T. Healey
Members of Asian-Americans Advancing Justice, et al., Amicus Curiae, represented by Albert Quoc Giang
Mountain States Legal Foundation, Amicus Curiae, represented by Steven J. Lechner
National and Texas Latino Organizations, Amicus Curiae, represented by Marisa Bono
National Association for the Advancement of Colored People, and Texas State Conference of the NAACP, Amicus Curiae, represented by Gary L. Bledsoe
National Association of Basketball Coaches, et al., Amicus Curiae, represented by Matthew Henshon
National Education Association, et al., Amicus Curiae, represented by Alice M. O'Brien
National School Boards Association, et al., Amicus Curiae, represented by Pratik A. Shah
National Women's Law Center, et al., Amicus Curiae, represented by Charles A. Rothfeld
Nationwide Coalition of Educators, et al., Amicus Curiae, represented by Larry H. James
New York Law School Racial Justice Project, Amicus Curiae, represented by Deborah N. Archer
New York State Bar Association, Amicus Curiae, represented by David H. Tennant
Pacific Legal Foundation, et al., Amicus Curiae, represented by Joshua P. Thompson
Professors Cedric Merlin Powell, et al., Amicus Curiae, represented by Junis L. Baldon
Professor W. Burlette Carter, Amicus Curiae, represented by Willieta Burlette Carter
Religious Organizations and Campus Ministries, et al., Amicus Curiae, represented by Melissa Hart
Richard D. Kahlenberg in support of neither party, Amicus Curiae, represented by Meredith B. Parenti
Richard Lempert, Amicus Curiae, represented by Sylvia Royce
Richard Sander in support of neither party, Amicus Curiae, represented by Stuart S. Taylor Jr.
Ruben Hinojosa, Member of Congress, et al., Amicus Curiae, represented by Stephen D Gordon
Six Educational Nonprofit Organizations, Amicus Curiae, represented by Lawrence S. Lustberg
Social and Organizational Psychologists, Amicus Curiae, represented by Eva J. Paterson
Society for American Law Teachers, Amicus Curiae, represented by Marc A. Hearron
Southeastern Legal Foundation, Amicus Curiae, represented by Shannon Lee Goessling
Southeastern Legal Foundation, Amicus Curiae, represented by John J. Park Jr.
Students from the New York University School of Law Seminar on Critical Narratives in Civil Rights, Amicus Curiae, represented by Peggy Cooper Davis
Teach for America, et al., Amicus Curiae, represented by Patricia Astorga
the Black Student Alliance at the University of Texas at Austin, et al., Amicus Curiae, represented by John Paul Schnapper-Casteras
The Cato Institute, Amicus Curiae, represented by David B. Rivkin Jr.
The College Board, AACRAO, NCAC, and LSAC, Amicus Curiae, represented by C. Mitchell Brown
The Family of Heman Sweatt, Amicus Curiae, represented by G. Allan Van Fleet
the President and the Chancellors of the University of California, Amicus Curiae, represented by Bradley S. Phillips
the United States, Amicus Curiae, represented by Donald B. Verrilli Jr.
United Negro College Fund and National Urban League, Amicus Curiae, represented by David E. Schwartz
University if Michigan, Amicus Curiae, represented by John P. Elwood
University of North Carolina at Chapel Hill, Amicus Curiae, represented by Michael Y. Scudder Jr.
U.S. Senators Harry Reid, et al., Amicus Curiae, represented by Mitchell Y. Mirviss