Appeals court declines to rehear Texas affirmative action case

Thompson Reuters News & Insight
6/20/2011

NEW YORK, June 20 (Reuters) - A federal appeals court has refused to rehear a case challenging the University of Texas' affirmative action admissions policy. The denial sets the stage for a fight in the U.S. Supreme Court.
The U.S. Court of Appeals for the Fifth Circuit on Friday rejected a motion asking the court to reconsider its decision in January upholding the school's policy that considers race in determining admissions.
The 9-7 en banc ruling means that the next step for plaintiffs will likely be an appeal to the U.S. Supreme Court. Chances the high court will hear the case are good, between 30 percent to 50 percent, said Ilya Somin, a professor at George Mason University School of Law who has blogged about the case on the legal weblog, Volokh Conspiracy.

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