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THE COALITION FOR EQUITY AND EXCELLENCE IN MARYLAND HIGHER EDUCATION, INC. v. MARYLAND HIGHER EDUCATION COMMISSION

No. 17-2418 (L).

THE COALITION FOR EQUITY AND EXCELLENCE IN MARYLAND HIGHER EDUCATION, INC., a/k/a Coalition for Equity and Excellence in Maryland Higher Education; RASHAAN SIMON, a/k/a Rahsaan Simon; DAVID J. BURTON; MURIEL THOMPSON; ANTHONY ROBINSON; DR. CHRIS HEIDELBERG; DAMEIN MONTGOMERY; KELLY THOMPSON; J.S., Plaintiffs-Appellees, and SALLY C. McMILLAN; TINA M. VINES; DAVID BUTLER; DAPO OLADAPO; NICHOLAS WASHINGTON; DANIELLE WILLIAMS; ZENIA WILSON; JESSICA WINSLOW; CRYSTAL MYERS; JOMARI SMITH; WAYNE BECKLES, Plaintiffs, v. MARYLAND HIGHER EDUCATION COMMISSION; ANWER HASAN, Chairman of the Maryland Higher Education Commission; JENNIE C. HUNTERCEVERA, Acting Secretary of Higher Education; STATE OF MARYLAND, Defendants-Appellants, and ROBERT L. EHRLICH, JR., Governor; STATE OF MARYLAND; CALVIN W. BURNETT, Secretary of Higher Education, Defendants. NATIONAL ASSOCIATION FOR EQUAL OPPORTUNITY IN HIGHER EDUCATION, Amicus Supporting Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: January 2, 2019.

Attorney(s) appearing for the Case

ARGUED: Adam Dean Snyder , OFFICE OF THE ATTORNEY GENERAL OF MARYLAND, Baltimore, Maryland, for Appellants/Cross-Appellees.

Michael D. Jones , KIRKLAND & ELLIS LLP, Washington, D.C.; Jon Marshall Greenbaum , LAWYERS COMMITTEE FOR CIVIL RIGHTS UNDER LAW, Washington, D.C., for Appellees/Cross-Appellants.

ON BRIEF: Brian E. Frosh , Attorney General, Jennifer A. DeRose , Assistant Attorney General, OFFICE OF THE ATTORNEY GENERAL OF MARYLAND, Baltimore, Maryland, for Appellants/Cross-Appellees.

Brenda Shum , Genevieve Bonadies Torres , LAWYERS COMMITTEE FOR CIVIL RIGHTS UNDER LAW, Washington, D.C.; Karen N. Walker , Devin C. Ringger , KIRKLAND & ELLIS LLP, Washington, D.C., for Appellees/Cross-Appellants.

Jason S. McCarter , EVERSHEDS SUTHERLAND (US) LLP, Atlanta, Georgia, for Amicus Curiae.

Referred to the Office of the Circuit Mediator by unpublished per curiam order.

UNPUBLISHED

ORDER

The Court considered the arguments of the parties on December 11, 2018, along with the briefs and other items of record, and notes the points and positions raised by all counsel. Upon mature consideration of all these matters, it appears to the Court that both parties have well-presented...

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