FISHER v. UNIVERSITY OF TEXAS AT AUSTIN

No. 09-50822.

758 F.3d 633 (2014)

Abigail Noel FISHER, Plaintiff-Appellant v. UNIVERSITY OF TEXAS AT AUSTIN; David B. Pryor, Executive Vice Chancellor for Academic Affairs in His Official Capacity; William Powers, Jr., President of the University of Texas at Austin in His Official Capacity; Board of Regents of the University of Texas System; R. Steven Hicks, as Member of the Board of Regents in His Official Capacity; William Eugene Powell, as Member of the Board of Regents in His Official Capacity; James R. Huffines, as Member of the Board of Regents in His Official Capacity; Janiece Longoria, as Member of the Board of Regents in Her Official Capacity; Colleen McHugh, as Member of the Board of Regents in Her Official Capacity; Robert L. Stillwell, as Member of the Board of Regents in His Official Capacity; James D. Dannenbaum, as Member of the Board of Regents in His Official Capacity; Paul Foster, as Member of the Board of Regents in His Official Capacity; Printice L. Gary, as Member of the Board of Regents in His Official Capacity; Kedra Ishop, Vice Provost and Director of Undergraduate Admissions in Her Official Capacity; Francisco G. Cigarroa, M.D., Interim Chancellor of the University of Texas System in His Official Capacity, for Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

July 15, 2014.


Attorney(s) appearing for the Case

Bert Walter Rein , William Consovoy, Esq. , Claire Evans , Thomas R. McCarthy, Esq. , Wiley Rein, L.L.P., Washington, DC, Paul M. Terrill, III, Esq. , Terrill Firm, Austin, TX, for Plaintiff-Appellant.

Gregory George Garre , Maureen E. Mahoney, Esq. , Latham & Watkins, L.L.P., Lori Ann Alvino McGill , Quinn, Emanuel, Urquhart & Sullivan, L.L.P., Washington, DC, James C. Ho, Esq. , Gibson, Dunn & Crutcher, L.L.P., Dallas, TX, for Defendants-Appellees.

Gordon Morris Fauth, Jr. , Litigation Law Group, Alameda, CA, Ashley C. Keller , Bartlit, Beck, Herman, Palenchar & Scott, L.L.P., Chicago, IL, James Scott Detamore, Esq. , Mountain States Legal Foundation, Lakewood, CO, Timothy Mason Sandefur , Joshua Paul Thompson , Pacific Legal Foundation, Sacramento, CA, Tovah R. Calderon , Diana Katherine Flynn , Sasha M. Samberg-Champion, Esq. , Linda Frances Thome , U.S. Department of Justice, Vincent Adrian Eng , Asian American Justice Center, Sri Srinivasan, Jonathan D. Hacker , O'Melveny & Myers, L.L.P., Martin Robert Michaelson , David McMichael Ginn , Hogan Lovells US, L.L.P., Andrew M. Grossman , Baker & Hostetler, L.L.P., David Charles Frederick, Esq. , Kellogg, Huber, Hansen, Todd, Evans & Figel, P.L.L.C. Washington, DC, Deborah Nicole Archer , Director, New York Law School, Leticia V. Smith-Evans , Deuel Ross , Legal Defense & Educational Fund, Inc., New York, NY, Julie Ann Su , Asian Pacific American Legal Center, Los Angeles, CA, David G. Hinojosa , Nina Perales, Esq., Mexican-American Legal Defense & Educational Fund, San Antonio, TX, Alison Elisabeth Schmauch , Counsel, U.S. Commission on Civil Rights, Arlington, VA, George Allan Van Fleet , Nicholas Gerhart Grimmer , Attorney, McDermott Will & Emery, L.L.P., Houston, TX, Charles Ernest Baruch , Law Office of Chad Baruch, Rowlett, TX, Robert Earl Toone, Jr. , Foley Hoag, L.L.P., Boston, MA, for Amicus Curiae.

Before KING, HIGGINBOTHAM, and GARZA, Circuit Judges.


ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Abigail Fisher brought this action against the University of Texas at Austin,1 alleging that the University's race-conscious admissions program violated the Fourteenth Amendment. The district court granted summary judgment to UT Austin and we affirmed. The Supreme Court vacated and remanded, holding that this Court and the district...

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