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JOHNSON v. BOARD OF REGENTS OF UNIVERSITY OF GA.

Nos. 00-14340, 00-14382.

263 F.3d 1234 (2001)

Jennifer L. JOHNSON, and all others similarly situated, Aimee Bogrow, et al., Plaintiffs-Appellees-Cross-Appellants, v. BOARD OF REGENTS OF THE UNIVERSITY OF GEORGIA, d.b.a. University of Georgia, Defendant-Appellant-Cross-Appellee, Antoine Hester, et al., Intervenors-Defendants, Appellants-Cross-Appellees.

United States Court of Appeals, Eleventh Circuit.

DECIDED August 27, 2001.

Attorney(s) appearing for the Case

Dennis R. Dunn, Georgia Dept. of Law, Atlanta, GA, Janell M. Byrd, NAACP Legal Defense & Educ. Fund, Inc., Washington, DC, Elise C. Boddie, Theodore Michael Shaw, Dennis Parker, NAACP Legal Defense & Educ. Fund, Inc., New York City, Mark H. Cohen, Atlanta, GA, for Defendants.

A. Lee Parks, Jr., John W. Bellflower, Parks, Chesin & Miller, P.C., Atlanta, GA, Kevin V. Parsons, Parks, Chesin & Miller, P.C., Charlotte, NC, for Plaintiffs.

Teresa Kwong, U.S. Dept. of Justice, Washington, DC, for Amicus Curiae U.S.

Leslie M. Gross, Lawyers' Committee for Civil Rights, Washington, DC, for Amicus Curiae Southern Regional Council.

Patricia A. Brannan, Hogan & Hartson, Washington, DC, for Amicus Curiae American Council on Educ.

Anthony T. Caso, Pacific Legal Foundation, Sacramento, CA, for Amicus Curiae, Pacific Legal Foundation.

Harry W. MacDougald, Atlanta, GA, Mark L. Gross, U.S. Dept. of Justice, Washington, DC, Stephen R. McCutcheon, Jr., Pacific Legal Foundation, Sacramento, CA, for Amicus Curiae, Southeastern Legal Foundation.

Before BIRCH, MARCUS and WOOD, Circuit Judges.

MARCUS, Circuit Judge:

In this case, we consider a challenge to the University of Georgia's freshman admissions policy, and specifically that policy's preferential treatment of non-white applicants. The three Plaintiffs are white females who applied unsuccessfully for admission to the University's Fall 1999 class. Plaintiffs allege, and Defendants do not dispute, that the University's admissions policy awarded a fixed numerical bonus to non-white and male applicants...

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