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Appeals Court Reverses Affirmative Action Ruling

June 21, 2022

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.

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Scott Jaschik

Scott Jaschik, Editor, is one of the three founders of Inside Higher Ed. With Doug Lederman, he leads the editorial operations of Inside Higher Ed, overseeing news content, opinion pieces, career advice, blogs and other features. Scott is a leading voice on higher education issues, quoted regularly in publications nationwide, and publishing articles on colleges in publications such as The New York Times, The Boston Globe, The Washington Post, Salon, and elsewhere. He has been a judge or screener for the National Magazine Awards, the Online Journalism Awards, the Folio Editorial Excellence Awards, and the Education Writers Association Awards. Scott served as a mentor in the community college fellowship program of the Hechinger Institute on Education and the Media, of Teachers College, Columbia University. He is a member of the board of the Education Writers Association. From 1999-2003, Scott was editor of The Chronicle of Higher Education. Scott grew up in Rochester, N.Y., and graduated from Cornell University in 1985. He lives in Washington.

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