Editor's Note :

Editor's Note :

On Monday we expect the court to issue additional orders from its September 26 conference at 9:30 a.m.

Fisher v. University of Texas at Austin

Docket No. Op. Below Argument Opinion Vote Author Term
14-981 5th Cir. Dec 9, 2015
Tr.Aud.
Jun 23, 2016 4-3 Kennedy OT 2015

Holding: The race-conscious admissions program in use by the University of Texas at Austin when Abigail Fisher applied to the school in 2008 is lawful under the Equal Protection Clause.

Judgment: Affirmed, 4-3, in an opinion by Justice Kennedy on June 23, 2016. Justice Thomas filed a dissenting opinion. Justice Alito filed a dissenting opinion, in which Chief Justice Roberts and Justice Thomas joined. Justice Kagan took no part in the consideration or decision of the case.

SCOTUSblog Coverage

DateProceedings and Orders
Feb 10 2015Petition for a writ of certiorari filed. (Response due March 16, 2015)
Feb 18 2015Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner.
Feb 20 2015Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from cousel for University of Texas at Austin, and Individual respondents.
Mar 11 2015Order extending time to file response to petition to and including April 15, 2015.
Mar 12 2015Brief amici curiae of Judicial Watch, Inc, and Allied Educational Foundation filed.
Mar 12 2015Brief amici curiae of Gail Heriot, and Peter Kirsanow filed.
Mar 13 2015Brief amici curiae of Pacific Legal Foundation, et al. filed.
Mar 16 2015Brief amicus curiae of The Cato Institute filed.
Mar 16 2015Brief amicus curiae of American Civil Rights Union filed.
Mar 16 2015Brief amicus curiae of Center for Constitutional Jurisprudence filed.
Mar 16 2015Brief amicus curiae of Mountain States Legal Foundation filed.
Mar 16 2015Brief amicus curiae of Southeastern Legal Foundation filed.
Apr 15 2015Brief of respondents University of Texas at Austin, and Individual Respondents in opposition filed.
May 4 2015Reply of petitioner Abigail Noel Fisher filed. (Distributed)
May 5 2015DISTRIBUTED for Conference of May 21, 2015.
May 26 2015DISTRIBUTED for Conference of May 28, 2015.
Jun 1 2015DISTRIBUTED for Conference of June 4, 2015.
Jun 8 2015DISTRIBUTED for Conference of June 11, 2015.
Jun 15 2015DISTRIBUTED for Conference of June 18, 2015.
Jun 22 2015DISTRIBUTED for Conference of June 25, 2015.
Jun 29 2015Petition GRANTED. Justice Kagan took no part in the consideration or decision of this petition.
Jul 27 2015The time to file the joint appendix and petitioner's brief on the merits is extended to and including September 3, 2015.
Jul 27 2015The time to file respondents' briefs on the merits is extended to and including October 26, 2015.
Aug 11 2015Consent to the filing of amicus curiae briefs in support of either party or of neither party received from counsel for the petitioner.
Aug 21 2015Consent to the filing of amicus curiae briefs in support of either party or of neither party from counsel for the respondents.
Sep 2 2015Brief amicus curiae of Jonathan Zell filed.
Sep 3 2015Joint appendix filed (2 volumes). (Statement of costs filed.)
Sep 3 2015Brief of petitioner Abigail Noel Fisher filed.
Sep 9 2015Brief amicus curiae of Center for Individual Rights filed.
Sep 9 2015Brief amici curiae of Gail Heriot and Peter Kirsanow, Members of the United States Commission on Civil Rights filed.
Sep 10 2015Brief amicus curiae of The Cato Institute filed.
Sep 10 2015Brief amicus curiae of American Center for Law and Justice filed.
Sep 10 2015Brief amicus curiae of California Association of Scholars filed.
Sep 10 2015Brief amici curiae of Asian American Legal Foundation, et al. filed.
Sep 10 2015Brief amicus curiae of David Orentlicher in support of neither party filed.
Sep 10 2015Brief amicus curiae of Judicial Education Project filed.
Sep 10 2015Brief amicus curiae of Richard D. Kahlenberg in support of neither party filed.
Sep 10 2015Brief amicus curiae of Southeastern Legal Foundation filed.
Sep 10 2015Brief amicus curiae of Mountain States Legal Foundation filed.
Sep 10 2015Brief amicus curiae of Indiana Tech Law School Amicus Project filed.
Sep 10 2015Brief amici curiae of Judicial Watch, Inc., et al. filed.
Sep 10 2015Brief amicus curiae of James F. Blumstein filed.
Sep 10 2015Brief amici curiae of Pacific Legal Foundation, et al. filed.
Sep 10 2015Brief amicus curiae of Richard Sander in support of neither party filed.
Oct 9 2015SET FOR ARGUMENT on Wednesday, December 9, 2015
Oct 19 2015Record requested from U.S.C.A. 5th Circuit.
Oct 26 2015Brief of respondents University of Texas at Austin, and Individual Respondents filed.
Oct 26 2015Brief amicus curiae of The Family of Heman Sweatt filed.
Oct 27 2015CIRCULATED.
Oct 28 2015Brief amicus curiae of New York Law School Racial Justice Project filed. (Distributed).
Oct 28 2015Brief amici curiae of Nationwide Coalition of Educators, et al. filed. (Distributed)
Oct 29 2015Brief amicus curiae of Richard Lempert filed. (Distributed)
Oct 29 2015Brief amicus curiae of Professor W. Burlette Carter filed. (Distributed)
Oct 29 2015Brief amici curiae of Human Rights Advocates, et al. filed. (Distributed)
Oct 30 2015Brief amici curiae of Coalition of Bar Associations of Color filed. (Distributed)
Oct 30 2015Brief amici curiae of American Council on Education and 37 Other Higher Education Organizations filed. (Distributed)
Oct 30 2015Brief amici curiae of The College Board, AACRAO, NCAC, and LSAC filed. (Distributed)
Oct 30 2015Brief amici curiae of American Educational Research Association, et al. filed. (Distributed)
Oct 30 2015Brief amicus curiae of California filed. (Distributed)
Oct 30 2015Brief amici curiae of 823 Social Scientists filed. (Distributed)
Oct 30 2015Brief amicus curiae of University of North Carolina at Chapel Hill filed. (Distributed)
Oct 30 2015Brief amicus curiae of New York State Bar Association filed. (Distributed)
Oct 30 2015Brief amici curiae of American Civil Liberties Union and the ACLU of Texas filed. (Distributed)
Oct 30 2015Brief amicus curiae of Society for American Law Teachers filed. (Distributed)
Oct 30 2015Brief amicus curiae of Intercultural Development Research Association (IDRA) filed.
Nov 2 2015Brief amici curiae of Constitutional Law Scholars and Constitutional Accountability Center filed. (Distributed)
Nov 2 2015Brief amici curiae of Ruben Hinojosa, Member of Congress, et al. filed. (Distributed)
Nov 2 2015Brief amici curiae of the Black Student Alliance at the University of Texas at Austin, et al. filed. (Distributed)
Nov 2 2015Brief amicus curiae of Association of American Law Schools filed. (Distributed)
Nov 2 2015Brief amici curiae of 53 Current Members of the Texas State Senate and House of Representatives filed. (Distributed)
Nov 2 2015Brief amici curiae of Current and Former Student Body Presidents of University of Texas at Austin filed. (Distributed)
Nov 2 2015Brief amicus curiae of Kimberly West-Faulcon filed. (Distributed)
Nov 2 2015Brief amici curiae of American Jewish Committee, et al. filed. (Distributed)
Nov 2 2015Brief amici curiae of Association of American Medical Colleges, et al. filed. (Distributed)
Nov 2 2015Brief amici curiae of Students from the New York University School of Law Seminar on Critical Narratives in Civil Rights filed. (Distributed)
Nov 2 2015Brief amici curiae of Leading Public Research Universities The University of Delaware, et al. filed. (Distributed)
Nov 2 2015Brief amici curiae of Brown University, et al. filed. (Distributed)
Nov 2 2015Brief amicus curiae of the United States filed. (Distributed)
Nov 2 2015Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Nov 2 2015Brief amicus curiae of American Psychological Association filed. (Distributed)
Nov 2 2015Brief amici curiae of the President and the Chancellors of the University of California filed. (Distributed)
Nov 2 2015Brief amici curiae of Fortune-100 and Other Leading American Businesses filed. (Distributed)
Nov 2 2015Brief amici curiae of National Association of Basketball Coaches, et al. filed. (Distributed)
Nov 2 2015Brief amici curiae of Empirical Scholars filed. (Distributed)
Nov 2 2015Brief amicus curiae of Harvard University filed. (Distributed)
Nov 2 2015Brief amici curiae of Civil Rights Clinic and the Education Rights Center at Howard University School of Law filed. (Distributed)
Nov 2 2015Brief amici curiae of National Education Association, et al. filed. (Distributed)
Nov 2 2015Brief amici curiae of United Negro College Fund and National Urban League filed. (Distributed)
Nov 2 2015Brief amici curiae of California Institute of Technology, et al. filed. (Distributed)
Nov 2 2015Brief amici curiae of National Association for the Advancement of Colored People, and Texas State Conference of the NAACP filed. (Distributed)
Nov 2 2015Brief amici curiae of Dupont, IBM, Intel, and National Action Council for Minorities in Engineering filed. (Distributed)
Nov 2 2015Brief amici curiae of Amherst College, et al. filed. (Distributed)
Nov 2 2015Brief amici curiae of Professors Cedric Merlin Powell, et al. filed. (Distributed)
Nov 2 2015Brief amici curiae of U.S. Senators Harry Reid, et al. filed. (Distributed)
Nov 2 2015Brief amici curiae of Teach for America, et al. filed. (Distributed)
Nov 2 2015Brief amici curiae of American Association for Access, Equity and Diversity, et al. filed. (Distributed)
Nov 2 2015Brief amicus curiae of Anti-Defamation League filed. (Distributed)
Nov 2 2015Brief amicus curiae of American Bar Association filed. (Distributed)
Nov 2 2015Brief amici curiae of Religious Organizations and Campus Ministries, et al. filed. (Distributed)
Nov 2 2015Brief amicus curiae of University of Michigan filed. (Distributed)
Nov 2 2015Brief amici curiae of 39 Undergraduate and Graduate Student Organizations Within the University of California filed. (Distributed)
Nov 2 2015Brief amicus curiae of Six Educational Nonprofit Organizations filed. (Distributed)
Nov 2 2015Brief amici curiae of Asian American Legal Defense and Education Fund, et al. filed. (Distributed)
Nov 2 2015Brief amici curiae of Dean Robert Post and Dean Martha Minow filed. (Distributed)
Nov 2 2015Brief amici curiae of National School Boards Association, et al. filed. (Distributed)
Nov 2 2015Brief amici curiae of Massachusetts, et al. filed. (Distributed)
Nov 2 2015Brief amici curiae of Experimental Psychologists filed. (Distributed)
Nov 2 2015Brief amicus curiae of David Boyle filed. (Distributed)
Nov 2 2015Brief amici curiae of Boston Bar Association, et al. filed. (Distributed)
Nov 2 2015Brief amici curiae of Cecilia Polanco, et al. filed. (Distributed)
Nov 2 2015Brief amici curiae of Social and Organizational Psychologists filed. (Distributed)
Nov 2 2015Brief amici curiae of National Women's Law Center, et al. filed. (Distributed)
Nov 2 2015Brief amici curiae of Lt. Gen. Julius W. Becton, Jr., et al. filed. (Distributed)
Nov 2 2015Brief amici curiae of Leadership Conference on Civil and Human Rights and the Southern Poverty Law Center, et al. filed. (Distributed)
Nov 2 2015Brief amici curiae of Members of Asian-Americans Advancing Justice, et al. filed. (Distributed)
Nov 2 2015Brief amici curiae of National and Texas Latino Organizations filed. Distributed).
Nov 2 2015Brief amici curiae of Legal Scholars Defending Diversity in Higher Education filed. (Distributed)
Nov 24 2015Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. Justice Kagan took no part in the consideration or decision of this motion.
Nov 25 2015Reply of petitioner Abigail Noel Fisher filed. (Distributed)
Dec 9 2015Argued. For petitioner: Bert Rein, Washington, D. C. For respondents: Gregory G. Garre, Washington, D. C.; and Donald B. Verrilli, Jr., Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)
Jun 23 2016Adjudged to be AFFIRMED. Kennedy, J., delivered the opinion of the Court, in which Ginsburg, Breyer, and Sotomayor, JJ., joined. Thomas, J., filed a dissenting opinion. Alito, J., filed a dissenting opinion, in which Roberts, C. J., and Thomas, J., joined. Kagan, J., took no part in the consideration or decision of the case.
Jul 25 2016JUDGMENT ISSUED
 
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