Fifth Circuit denies rehearing en banc in Fisher v. University of Texas

November 12, 2014 | By JOSHUA THOMPSON

The case of Abigail Fisher may be on its way to the Supreme Court a second time.  The Fifth Circuit Court of Appeals denied her petition for rehearing en banc. Judge Garza filed a short dissent reiterating the points he made in his panel dissent.  PLF, joined by our friends at the Center for Equal Opportunity, Reason Foundation, Project 21, and the Individual Rights Foundation had filed an amicus brief urging the full court to take the case.

Hopefully this means that the Supreme Court will take the case up anew, and do what they should have done the first time: tell the University of Texas that the Equal Protection Clause forbids it from discriminating on the basis of race.