.@AppellateDaily Decision to seek en banc in 5th Cir. UT aff. action case quite significant. En banc could well reverse & #SCOTUS stays out
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@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.
End of conversation
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