YOUNG CONSERVATIVES OF TEXAS FOUND. v. SMATRESK

No. 22-40225.

78 F.4th 159 (2023)

YOUNG CONSERVATIVES OF TEXAS FOUNDATION, Plaintiff-Appellee, v. Neal SMATRESK, President of the University of North Texas; Shannon Goodman, Vice President for Enrollment of the University of North Texas, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

FILED August 14, 2023.


Attorney(s) appearing for the Case

Chance Weldon , Austin, TX, Robert E. Henneke , Christian G. Townsend , Texas Public Policy Foundation, Austin, TX, for Plaintiff-Appellee.

Wallace B. Jefferson (argued), Melanie Dawn Plowman , Amy Warr , Alexander Dubose & Jefferson, L.L.P., Austin, TX, Sandy Dian Hellums-Gomez , Jeffery T. Nobles , Husch Blackwell, L.L.P., Houston, TX, Andy Taylor, Esq. , Andy Taylor & Associates, P.C., Brenham, TX, for Defendants-Appellants.

Raffi Melkonian , Wright, Close & Barger, L.L.P., Houston, TX, for Amicus Curiae Presidents' Alliance on Higher Education and Immigration.

Paige Duggins-Clay , Celina Y. Moreno , Intercultural Development Research Association, San Antonio, TX, for Amici Curiae Texas Business Leadership Council, Texas Business Immigration Coalition, Texas Association of Mexican American Chambers of Commerce, North Texas Commission, Every Texan, The Education Trust in Texas, Texas Association of Chicanos in Higher Education, Texas Association of Diversity Officers in Higher Education, National Association of Graduate-Professional Students, University of North Texas Student Government Association Executive Branch, and Young Invincibles.

Andrew Layton Schlafly , Far Hills, NJ, for Amicus Curiae Advocates for Victims of Illegal Alien Crime.

Matt A. Crapo , Immigration Reform Law Institute, Washington, DC, for Amicus Curiae Immigration Reform Law Institute.

Before Smith, Clement, and Wilson, Circuit Judges.


ON PETITION FOR REHEARING EN BANC

The court having been polled at the request of one of its members, and a majority of the judges who are in regular active service and not disqualified not having voted in favor (FED. R. APP. P. 35 and 5TH CIR. R. 35), on the Court's own motion, rehearing en banc is DENIED.

In the en banc poll...

Let's get started

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