Argued

No. 21-707

Students for Fair Admissions, Inc. v. University of North Carolina, et al.

from the United States Court of Appeals for the Fourth Circuit

See other cases from the Fourth Circuit.

Docket Entries

Argued. For petitioner: Patrick Strawbridge, Boston, Mass. For university respondents: Ryan Y. Park, Solicitor General, Raleigh, N. C. For student respondents: David G. Hinojosa, Washington, D. C. For United States, as amicus curiae, supporting respondents: Elizabeth B. Prelogar, Solicitor General, Department of Justice, Washington, D. C.

Record received from the U.S.D.C. Middle Dist. of North Carolina has been electronically filed.

Record requested from the U.S.C.A. 4th Circuit.

Motion for divided argument and for enlargement of time for oral argument filed by student respondents GRANTED.

Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument GRANTED, and the time is divided as follows: 45 minutes for petitioner, 20 minutes for the university respondents, 10 minutes for the student respondents, and 15 minutes for the Solicitor General.

CIRCULATED

Reply of petitioner Students for Fair Admissions, Inc. filed.

Reply of Students for Fair Admissions, Inc. submitted.

Amicus brief of Empirical Scholars submitted.

Amicus brief of Youth Advocates and Experts on Educational Access submitted.

Amicus brief of American Council on Education and 39 Other Higher Education Associations submitted.

Amicus brief of National Education Association et al. submitted.

Amicus brief of Individual Scientists submitted.

ARGUMENT SET FOR Monday, October 31, 2022.

Amicus brief of Human Rights Advocates and Human Rights First submitted.

Amicus brief of Law Firm Antiracism Alliance submitted.

Amicus brief of American G.I. Forum, et al. submitted.

Brief amici curiae of Massachusetts et al. filed. VIDED.

Brief amici curiae of Professors of History and Law filed. VIDED.

Brief amici curiae of Applied Materials, Inc., Corteva Agriscience, Cummins Inc., DuPont de Nemours, Inc., Gilead Sciences, Inc., LinkedIn Corp., Mastercard Inc., Micron Technology, Inc., Microsoft Corp., Shell USA, Inc., and Verizon Services Corp. filed. VIDED.

Brief amici curiae of Brown University, et al. filed. VIDED.

Brief amici curiae of Legal Scholars Defending Race-Conscious Admissions filed. VIDED.

Brief amicus curiae of The University of Michigan filed. VIDED.

Brief amici curiae of Deans of U.S. Law Schools filed. VIDED.

Brief amici curiae of American Civil Liberties Union et al. filed. VIDED.

Brief amici curiae of American Council on Education and 39 Other Higher Education Associations filed. VIDED.

Brief amici curiae of National Association of Basketball Coaches, et al. filed. VIDED.

Brief amici curiae of Southern Governors filed. VIDED.

Brief amici curiae of Robert C. "Bobby" Scott, Member of Congress, et al. filed. VIDED.

Brief amici curiae of Major American Business Enterprises filed. VIDED.

Brief amici curiae of Washington Bar Association, et al. filed. VIDED.

Brief amicus curiae of American Federation of Teachers filed. VIDED

Motion for divided argument and enlargement of time for oral argument filed by respondents Cecilia Polanco, et al.

Motion of United States for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument filed.

Brief amici curiae of Amherst, et al. filed. VIDED.

Brief amicus curiae of Law Firm Antiracism Alliance filed. VIDED.

Brief amici curiae of Asian American Legal Defense and Education Fund, et al. filed. VIDED.

Brief amici curiae of Multicultural Media, Telecom and Internet Council, Inc., National Association of Black Owned Broadcasters, National Hispanic Foundation for The Arts, Emma Bowen Foundation for Minority Interests In Media, and National Newspaper Publishers Association filed. VIDED.

Brief amici curiae of President and Chancellors of the University of California filed. VIDED.

Brief amici curiae of United States Senators and Former Senators filed. VIDED

Brief amici curiae of College Board, National Association for College Admission Counseling, American Association of Collegiate Registrars and Admissions Officers, and ACT, Inc. filed. VIDED.

Brief amicus curiae of United States filed.

Brief amici curiae of Deborah Cohen and 67 Other Professors filed. VIDED.

Brief amicus curiae of Constitutional Accountability Center filed. VIDED.

Brief amici curiae of Georgetown University, et al. filed. VIDED.

Brief amicus curiae of National Academy of Education filed. VIDED.

Brief amici curiae of American G.I. Forum, et al. filed. VIDED.

Brief amici curiae of Massachusetts Institute of Technology, et al. filed. VIDED.

Brief amici curiae of HBCU Leaders and National Association for Equal Opportunity in Higher Education filed. VIDED.

Brief amici curiae of American Association for Access, Equity and Diversity and Fund for Leadership, Equity, Access and Diversity filed. VIDED.

Brief amici curiae of National Women's Law Center and 37 Additional Organizations Committed to Race and Gender Equality filed. VIDED.

Brief amici curiae of Asian Americans Advancing Justice, et al. filed. VIDED.

Brief amicus curiae of National Black Law Students Association filed. VIDED.

Brief amici curiae of Admissions and Testing Professionals filed. VIDED.

Brief amici curiae of American Educational Research Association, et al. filed. VIDED.

Brief amici curiae of National School Boards Association, et al. filed. VIDED.

Brief amici curiae of The American Psychological Association, The Massachusetts Psychological Association, and The North Carolina Psychological Association filed. VIDED.

Brief amici curiae of 1,246 American Social Science Researchers and Scholars filed.

Brief amicus curiae of The American Bar Association filed. VIDED.

Brief amici curiae of National Asian Pacific American Bar Association, et al. and National LGBTQ+ Bar Association filed. VIDED.

Motion of United States for leave to participate in oral argument and for divided argument submitted.

Amicus brief of United States submitted.

Amicus brief of Adm. Charles S. Abbot, Adm. Dennis C. Blair, Gen. Charles F. Bolden, Jr., Gen. Thomas P. Bostick, Gen. Vincent K. Brooks, Adm. Walter E. Carter, Jr., et al. submitted.

Amicus brief of American Council on Education and 39 Other Higher Education Associations submitted.

Motion of Cecilia Polanco, et al. for leave to participate in oral argument and for divided argument submitted.

Amicus brief of National Association of Basketball Coaches, Women's Basketball Coaches Association, Geno Auriemma, Michael Krzyzewski, Nolan Richardson, Bill Self, Tara Vanderveer, Roy Williams, and 342 Additional Current or Former Head Basketball Coaches submitted.

Amicus brief of Amherst, Barnard, Bates, Bowdoin, Bryn Mawr, Carleton, Colby, Connecticut, Davidson, Franklin & Marshall, Hamilton, Hampshire, Haverford, Macalester, Middlebury, Mount Holyoke, Oberlin, Pomona, Reed, Sarah Lawrence, Smith, St. Olaf, Swarthmore, Trinity, Union, Vassar, Wellesley, and Williams Colleges, and Bucknell, Clark, Tufts, Washington & Lee, and Wesleyan Universities submitted.

Amicus brief of Asian Americans Advancing Justice and 37 Organizations submitted.

Amicus brief of College Board, National Association for College Admission Counseling, American Association of Collegiate Registrars and Admissions Officers, and ACT, Inc. submitted.

Amicus brief of Empirical Scholars submitted.

Amicus brief of Southern Governors submitted.

Amicus brief of American Federation of Teachers submitted.

Amicus brief of National Academy of Education submitted.

Amicus brief of United States Senators and Former Senators submitted.

Amicus brief of Professors of History and Law submitted.

Amicus brief of Multicultural Media, Telecom and Internet Council, Inc., National Association of Black Owned Broadcasters, National Hispanic Foundation for The Arts, Emma Bowen Foundation for Minority Interests In Media, and National Newspaper Publishers Association submitted.

Amicus brief of American Association for Access, Equity and Diversity and Fund for Leadership, Equity, Access and Diversity submitted.

Amicus brief of Deans of U.S. Law Schools submitted.

Amicus brief of Washington Bar Association and Women's Bar Association of the District of Columbia submitted.

Amicus brief of The University of Michigan submitted.

Amicus brief of Black Women Law Scholars submitted.

Amicus brief of The American Psychological Association, The Massachusetts Psychological Association, and The North Carolina Psychological Association submitted.

Amicus brief of Brown University, et al. submitted.

Amicus brief of Massachusetts et al. submitted.

Amicus brief of National Black Law Students Association submitted.

Amicus brief of National Women's Law Center and 37 Additional Organizations Committed to Race and Gender Equality submitted.

Amicus brief of American Civil Liberties Union et al. submitted.

Amicus brief of HBCU Leaders and National Association for Equal Opportunity in Higher Education submitted.

Amicus brief of Robert C. "Bobby" Scott, Member of Congress and 64 Other Members of Congress submitted.

Amicus brief of Legal Scholars Defending Race-Conscious Admissions submitted.

Amicus brief of Robert C. "Booby" Scott, Member of Congress and 64 Other Members of Congress submitted.

Amicus brief of Faith Organizations including The General Synod - United Church of Christ, American Baptist Home Mission Societies & African Descent Lutheran Association of the ELCA submitted.

Amicus brief of National Center for Fair & Open Testing, Inc. submitted.

Amicus brief of Association of College Counselors in Independent Schools, Inc. submitted.

Amicus brief of Accept, Inc. submitted.

Amicus brief of National Asian Pacific American Bar Association and National LGBTQ+ Bar Association submitted.

Amicus brief of Major American Business Enterprises submitted.

Amicus brief of President and Chancellors of the University of California submitted.

Amicus brief of Georgetown University, Boston College, The Catholic University of America, College of the Holy Cross, DePaul University, Fordham University, Marquette University, University of Notre Dame, Villanova University and 48 Additional Catholic Colleges and Universities submitted.

Amicus brief of Massachusetts Institute of Technology, et al. submitted.

Amicus brief of 1,246 American Social Science Researchers and Scholars submitted.

Amicus brief of Youth Advocates and Experts on Educational Access submitted.

Amicus brief of Applied Materials, Inc., Corteva Agriscience, Cummins Inc., DuPont de Nemours, Inc., Gilead Sciences, Inc., LinkedIn Corp., Mastercard Inc., Micron Technology, Inc., Microsoft Corp., Shell USA, Inc., and Verizon Services Corp. submitted.

Amicus brief of National School Boards Association, National Association of Elementary School Principals, American Association of School Administrators, and American School Counselors Association submitted.

Amicus brief of American Educational Research Association, et al. submitted.

Amicus brief of Deborah Cohen submitted.

Amicus brief of The American Bar Association submitted.

Amicus brief of Constitutional Accountability Center submitted.

Amicus brief of National Education Association et al. submitted.

Amicus brief of Asian American Legal Defense and Education Fund submitted.

Brief amici curiae of Youth Advocates and Experts on Educational Access filed. VIDED.(Aug. 11, 2022)

Amicus brief of Youth Advocates and Experts on Educational Access not accepted for filing. (Corrected version submitted)(August 16, 2022)

Brief amici curiae of American Council on Education and 39 Other Higher Education Associations filed. VIDED.(Aug. 10, 202)

Brief amici curiae of Empirical Scholars filed. VIDED.

Amicus brief of National Education Association et al. not accepted for filing. (Corrected version submitted-- August 10, 2022)

Brief amici curiae of National Education Association, et al. filed. VIDED.

Amicus brief of National Education Association et al. not accepted for filing. (Corrected version submitted)(August 10, 2022)

Brief amici curiae of Faith Organizations, et al. filed. VIDED.

Brief amici curiae of Adm. Charles S. Abbot, et al. filed. VIDED.

Brief amici curiae of Applied Materials, Inc., et al. filed. VIDED.

Brief amici curiae of Multicultural Media, et al. filed. VIDED.

Brief amici curiae of College Board, et al. filed. VIDED.

Brief amici curiae of The American Psychological Association, et al. filed. VIDED.

Brief amici curiae of American Council on Education and 39 Other Higher Education Associations filed. VIDED. (8/8/22 - To be reprinted and new PDF resubmitted.)

Brief amici curiae of Individual Scientists filed. VIDED.

Brief amici curiae of Black Women Law Scholars filed. VIDED.

Brief amici curiae of Adm. Charles S. Abbot, Adm. Dennis C. Blair, Gen. Charles F. Bolden, Jr., Gen. Thomas P. Bostick, Gen. Vincent K. Brooks, Adm. Walter E. Carter, Jr., et al. filed. VIDED.

Motion for divided argument and for enlargement of time for oral argument filed by student respondents.

Motion for enlargement of time for oral argument and for divided argument filed by Respondent-Students Cecilia Polanco, et al.

Amicus brief of Admissions and Testing Professionals not accepted for filing. (Duplicate submission--August 31, 2022.)

Brief amici curiae of Youth Advocates and Experts on Educational Access filed. VIDED. (Aug. 11, 2022)

Amicus brief of Youth Advocates and Experts on Educational Access not accepted for filing. (Corrected version submitted - Aug. 16, 2022.)

Amicus brief of National Education Association et al. not accepted for filing. (Corrected version submitted - Aug. 10, 2022.)

Brief amici curiae of American Council on Education and 39 Other Higher Education Associations filed. VIDED. (Aug. 8, 2022)

Brief amici curiae of American Council on Education and 39 Other Higher Education Associations filed. VIDED. (Aug. 8, 2022 - To be reprinted and new PDF resubmitted.)

Motion for divided argument and enlargement of time for oral argument filed by Respondent-Students Cecilia Polanco, et al.

Amicus brief of The Council of the Great City Schools submitted.

Amicus brief of 25 Diverse, California-Focused Bar Associations, Lawyers Associations, Civil Rights Organizations, and Community Foundations submitted.

Amicus brief of HR Policy Association submitted.

Brief amici curiae of 25 Diverse, California-Focused Bar Associations, et al. filed. VIDED.

Amicus brief of F. Andrew Hessick submitted.

Brief amicus curiae of Professor F. Andrew Hessick filed. VIDED.

Brief amicus curiae of F. Andrew Hessick filed. VIDED.

Brief amicus curiae of HR Policy Association filed. VIDED.

Brief amicus curiae of The Council of the Great City Schools filed. VIDED.

Amicus brief of Association of American Medical Colleges et al. submitted.

Brief amici curiae of Association of American Medical Colleges et al. filed. VIDED.

Brief amici curiae of Association of American Medical Colleges, et al. filed. VIDED.

Brief amici curiae of Human Rights Advocates and Human Rights First filed. VIDED.

Amicus brief of Human Rights Advocates, et al. not accepted for filing. (August 31, 2022--Corrected brief and PDF submitted.)

Brief amici curiae of Human Rights Advocates, et al. filed. VIDED. (Aug. 3, 2022)

Amicus brief of Human Rights Clinic submitted.

Brief of Respondent-Students filed.

Brief of Respondent-Students Cecilia Polanco, et al. filed.

Brief of University Respondents filed.

Brief amici curiae of NAACP Legal Defense & Educational Fund, Inc. & National Association for the Advancement of Colored People filed. (VIDED)

This case is no longer consolidated with No. 20-1199, Students for Fair Admissions v. President and Fellows of Harvard, and one hour is allotted for oral argument.

Petition for a writ of certiorari before judgment GRANTED. The petition for a writ of certiorari in No. 20-1199 is granted. The cases are consolidated, and a total of one hour is allotted for oral argument. VIDED.

Because the Court has consolidated these cases for briefing and oral argument, future filings and activity in the cases will now be reflected on the docket of No. 20-1199. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 20-1199. Each document submitted in connection with one or more of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in fewer than all of the cases, the docket entry will reflect the case number(s) in which the filing is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.”

DISTRIBUTED for Conference of 1/21/2022.

DISTRIBUTED for Conference of 1/14/2022.

Reply of petitioner Students for Fair Admissions, Inc. filed. (Distributed)

DISTRIBUTED for Conference of 1/7/2022.

Waiver of the 14-day waiting period for the distribution of the petition under Rule 15.5 filed.

Brief of respondents Cecilia Polanco, et al. in opposition filed. (Distributed)

Brief of respondents University respondents in opposition filed. (Distributed)

Brief amici curiae of Oklahoma, et al. filed.

Brief amici curiae of Judicial Watch, Inc. and Allied Educational Foundation filed.

Brief amicus curiae of Cato Institute filed.

Brief amici curiae of Speech First and Southeastern Legal Foundation filed.

Brief amici curiae of Asian American Coalition for Education and the Asian American Legal Foundation filed.

Brief amicus curiae of Liberty Justice Center filed.

Brief amicus curiae of National Association of Scholars filed.

Brief amici curiae of Pacific Legal Foundation, et al. filed.

Brief amici curiae of Former Federal Officials of the Department of Education's Office for Civil Rights filed.

Brief amicus curiae of Professor David Bernstein filed.

Brief amicus curiae of Californians for Equal Rights Foundation filed.

The motion of The University of North Carolina, et al. to extend the time to file a response is granted in part, and the time is extended to and including December 20, 2021.

The motion of Cecilia Polanco, et al. to extend the time to file a response is granted in part, and the time is extended to and including December 20, 2021.

Reply in Support of Motion to Expedite and Opposition to Motions for an Extension filed.

Response to motion to expedite from respondent Cecilia Polanco, et al. filed.

Motion of Cecilia Polanco, et al. to extend the time to file a response from December 15, 2021 to January 14, 2022, submitted to The Clerk.

Motion of The University of North Carolina et al. to extend the time to file a response from December 15, 2021 to January 14, 2022, submitted to The Clerk.

Response to motion to expedite from respondent The University of North Carolina et al. filed.

Motion to expedite briefing of the petition for a writ of certiorari before judgment filed by petitioner Students for Fair Admissions, Inc.

Petition for a writ of certiorari before judgment filed. (Response due December 15, 2021)

Parties

Students for Fair Admissions, Inc., Petitioner, represented by Patrick Strawbridge

Students for Fair Admissions, Inc., Petitioner, represented by William Spencer Consovoy

Students for Fair Admissions, Inc., Petitioner, represented by Thomas Ryan McCarthy

Cecilia Polanco, et al., Respondent, represented by David G. Hinojosa

National Center for Fair & Open Testing, Inc., Respondent, represented by Daniel Dennis Doyle

The University of North Carolina et al., Respondent, represented by Ryan Young Park

Amici Curiae

25 Diverse, California-Focused Bar Associations, Lawyers Associations, Civil Rights Organizations, and Community Foundations, Amicus Curiae, represented by Mark Remy Yohalem

Accept, Inc., Amicus Curiae, represented by Daniel Dennis Doyle

Admissions and Testing Professionals, Amicus Curiae, represented by Daniel Dennis Doyle

American Civil Liberties Union et al., Amicus Curiae, represented by Sarah Ann Hinger

American Council on Education and 39 Other Higher Education Associations, Amicus Curiae, represented by Jessica Lynn Ellsworth

American Educational Research Association, et al., Amicus Curiae, represented by Angelo N. Ancheta

Applied Materials, Inc., Corteva Agriscience, Cummins Inc., DuPont de Nemours, Inc., Gilead Sciences, Inc., LinkedIn Corp., Mastercard Inc., Micron Technology, Inc., Microsoft Corp., Shell USA, Inc., and Verizon Services Corp., Amicus Curiae, represented by Mark Simon Davies

Asian American Coalition for Education and the Asian American Legal Foundation, Amicus Curiae, represented by Gordon M. Fauth Jr.

Asian American Legal Defense and Education Fund, Amicus Curiae, represented by Dean Richlin

Association of American Medical Colleges et al., Amicus Curiae, represented by Jonathan Saul Franklin

Association of College Counselors in Independent Schools, Inc., Amicus Curiae, represented by Daniel Dennis Doyle

Brown University, et al., Amicus Curiae, represented by Matthew S. Hellman

Californians for Equal Rights Foundation, Amicus Curiae, represented by Daniel Isaac Morenoff

College Board, National Association for College Admission Counseling, American Association of Collegiate Registrars and Admissions Officers, and ACT, Inc., Amicus Curiae, represented by Michael Alan Brown

Constitutional Accountability Center, Amicus Curiae, represented by Brianne Jenna Gorod

David Boyle, Amicus Curiae, represented by David Christopher Boyle

Faith Organizations including The General Synod - United Church of Christ, American Baptist Home Mission Societies & African Descent Lutheran Association of the ELCA, Amicus Curiae, represented by Corrine Anetra Irish

F. Andrew Hessick, Amicus Curiae, represented by Richard A. Simpson

Former Attorney General Edwin Meese III, Amicus Curiae, represented by Edward Mark Wenger

Former Federal Officials of the Department of Education's Office for Civil Rights, Amicus Curiae, represented by William E. Trachman

HBCU Leaders and National Association for Equal Opportunity in Higher Education, Amicus Curiae, represented by Laurel Pyke Malson

HR Policy Association, Amicus Curiae, represented by George Roger King

Human Rights Advocates and Human Rights First, Amicus Curiae, represented by Constance de la Vega

Judicial Watch, Inc. and Allied Educational Foundation (“AEF”), Amicus Curiae, represented by T. Russell Nobile

Legal Insurrection Foundation, Amicus Curiae, represented by William Alan Jacobson

Legal Scholars Defending Race-Conscious Admissions, Amicus Curiae, represented by Vinay Vasdev Harpalani

Liberty Justice Center, Amicus Curiae, represented by Daniel Robert Suhr

Major American Business Enterprises, Amicus Curiae, represented by Michael R. Dreeben

Massachusetts et al., Amicus Curiae, represented by Elizabeth Napier Dewar

Massachusetts Institute of Technology, et al., Amicus Curiae, represented by Douglas Harry Hallward-Driemeier

Multicultural Media, Telecom and Internet Council, Inc., National Association of Black Owned Broadcasters, National Hispanic Foundation for The Arts, Emma Bowen Foundation for Minority Interests In Media, and National Newspaper Publishers Association, Amicus Curiae, represented by Emily Kanstroom Musgrave

NAACP Legal Defense & Educational Fund, Inc. & National Association for the Advancement of Colored People, Amicus Curiae, represented by Janai S. Nelson

National Academy of Education, Amicus Curiae, represented by Yelena Konanova

National Asian Pacific American Bar Association and National LGBTQ+ Bar Association, Amicus Curiae, represented by Daniel H. Bromberg

National Association of Scholars, Amicus Curiae, represented by Dennis J. Saffran

National Black Law Students Association, Amicus Curiae, represented by Deborah N. Archer

Pacific Legal Foundation, Center for Equal Opportunity, Reason Foundation, Chinese American Citizens Alliance - Greater New York, Yi Fang Chen, Coalition for TJ, and Project 21, Amicus Curiae, represented by Wencong Fa

President and Chancellors of the University of California, Amicus Curiae, represented by Ginger D. Anders

Professor David Bernstein, Amicus Curiae, represented by Cory Ren Liu

Professors of History and Law, Amicus Curiae, represented by Kathleen Roberta Hartnett

Robert C. "Bobby" Scott, Member of Congress and 64 Other Members of Congress, Amicus Curiae, represented by Brigida Benitez

Robert C. "Booby" Scott, Member of Congress and 64 Other Members of Congress, Amicus Curiae, represented by Brigida Benitez

Southern Governors, Amicus Curiae, represented by Charles Luther McCloud

Speech First and Southeastern Legal Foundation, Amicus Curiae, represented by Bradley Alan Benbrook

State of Oklahoma, Amicus Curiae, represented by Mithun Mansinghani

The Cato Institute, Amicus Curiae, represented by Ilya Shapiro

The Council of the Great City Schools, Amicus Curiae, represented by John W. Borkowski

The University of Michigan, Amicus Curiae, represented by John Patrick Elwood

United States, Amicus Curiae, represented by Elizabeth B. Prelogar

United States Senators and Former Senators, Amicus Curiae, represented by Robert Allen Long Jr.

United States Senators and Representatives, Amicus Curiae, represented by Richard Shawn Gunnarson

Washington Bar Association and Women's Bar Association of the District of Columbia, Amicus Curiae, represented by Upnit K. Bhatti

Youth Advocates and Experts on Educational Access, Amicus Curiae, represented by Kelly M. Dermody

 
Last updated: November 4, 2022