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A federal appeals court on Monday reversed a lower court’s ruling that a new lawsuit could not be filed challenging affirmative action at the University of Texas at Austin.
A district court ruled that a new lawsuit would violate the spirit of res judicata, which bars the same suit from being filed multiple times. But the U.S. Court of Appeals for the Fifth Circuit found that “the parties here are not identical to or in privity with those in [the prior case], and this case presents different claims. Accordingly, we reverse the district court’s judgment and remand for further proceedings.”
The Texas case is expected to be influenced by the cases the Supreme Court will hear in the fall involving the affirmative action programs of Harvard University and the University of North Carolina at Chapel Hill.
