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FACULTY v. NEW YORK UNIVERSITY

No. 20-1508-cv August Term 2020.

11 F.4th 68 (2021)

FACULTY, Alumni, and Students Opposed to Racial Preferences, Plaintiff-Appellant, v. NEW YORK UNIVERSITY, and Miguel Cardona, in his official capacity as U.S. Secretary of Education, United States of America, Defendants-Appellees, New York University Law Review, New York University School of Law, Defendants.

United States Court of Appeals, Second Circuit.

Decided: August 25, 2021.

Attorney(s) appearing for the Case

Jonathan F. Mitchell ( Paul Niehaus , Kirsch & Niehaus, New York, NY, on the brief), Mitchell Law PLLC, Austin, TX, for Plaintiff-Appellant.

Tamar Lusztig ( Arun S. Subramanian , Jacob W. Buchdahl , Jillian S. Hewitt , on the brief), Susman Godfrey LLP, New York, NY, for Defendant-Appellee.

Judge Menashi concurs in a separate opinion.

This appeal presents one threshold question: whether Plaintiff-Appellant Faculty, Alumni, and Students Opposed to Racial Preferences ("FASORP"), a membership association, has standing to sue Defendant-Appellee New York University ("NYU"). We hold that FASORP does not, because it has failed to demonstrate injuries...

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