.@AppellateDaily Decision to seek en banc must have been hard for Ed Blum, who wants to get #SCOTUS to strike all aff. action plans
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This lawsuit is now really only about Blum, not Fisher, whose only claim left should be barred by 11th Amend. RT
@rickhasen@AppellateDaily
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@rickhasen@AppellateDaily Could the en banc court do more than order a remand to district court? -
@rickhasen@AppellateDaily So they could decide without further record that UT plan not narrowly tailored, direct summ judgment for Fisher? -
@MichaelMcGough3@AppellateDaily I haven't looked at the briefing closely enough to know. -
@rickhasen@AppellateDaily University got summary judgment in DC I think.
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