STUDENTS FOR FAIR ADMISSIONS v. UNIV. OF TEXAS

No. 21-50715.

37 F.4th 1078 (2022)

STUDENTS FOR FAIR ADMISSIONS, INCORPORATED, Plaintiff-Appellant, v. UNIVERSITY OF TEXAS AT AUSTIN; James B. Milliken, Chancellor of the University of Texas System in his Official Capacity; Steven Leslie, Executive Vice Chancellor for Academic Affairs of the University of Texas System in his Official Capacity; Daniel H. Sharphorn Vice Chancellor and General Counsel of the University of Texas System in his Official Capacity; Jay Hartzell, Interim President of the University of Texas at Austin in his Official Capacity; Board of Regents of the Texas State University System; David J. Beck, Member of the Board of Regents in his Official Capacity; Christina Melton Crain, Member of the Board of Regents in her Official Capacity; Kevin P. Eltife, Member of the Board of Regents in his Official Capacity; R. Steven Hicks, Member of the Board of Regents in his Official Capacity; Jodie Lee Jiles, Member of the Board of Regents in his Official Capacity; Janiece Longoria, Member of the Board of Regents in her Official Capacity; Nolan Perez Member of the Board of Regents in his Official Capacity; Kelcy L. Warren, Member of the Board of Regents in his Official Capacity; James C. (Rad) Weaver, Member of the Board of Regents in his Official Capacity; Daniel Jaffe, Interim Executive Vice President and Provost; Rachelle Hernandez, Senior Vice Provost for Enrollment Management and Student Success; Miguel Wasielewski, Executive Director for Office of Admissions, Defendants-Appellees, The Black Student Alliance; The Texas Orange Jackets; Texas NAACP; Adaylin Alvarez; Morgan Bennett; Liz Kufour; Brianna Mallorie McBride; Desiree Ortega-Santiago; Nima Rahman; Alexandra Trujillo; Rosaleen Xiong, Intervenor Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Filed June 20, 2022.


Attorney(s) appearing for the Case

Cameron Thomas Norris , Steven Christopher Begakis , John Michael Connolly , William S. Consovoy , Thomas McCarthy , Consovoy McCarthy, P.L.L.C., Arlington, VA, for Plaintiff-Appellant.

Matthew Christopher Powers, Esq. , Litigation Counsel, William Christian , Marianne W. Nitsch , Graves, Dougherty, Hearon & Moody, P.C., Austin, TX, for Defendants-Appellees.

David G. Hinojosa , Genevieve Bonadies Torres , Lawyers' Committee for Civil Rights Under Law, Washington, DC, Neil K. Gilman , Hunton Andrews Kurth, L.L.P., Washington, DC, Brian Pidcock , Hunton Andrews Kurth, L.L.P., Houston, TX, for Intervenor Defendants-Appellees.

Before King, Jones, and Duncan, Circuit Judges.


Students for Fair Admissions, Inc. (SFFA), a nonprofit organization committed to ending race discrimination in higher-education admissions, sued the University of Texas at Austin (UT)1 over its use of race in admitting students. The district court concluded SFFA has standing but dismissed...

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