On Nov. 13, a panel of three judges from the 5th Circuit Court of Appeals will travel from New Orleans to Austin for a special hearing for oral arguments in Abigail Fisher v. University of Texas, et al.
Earlier this summer, when the case was remanded to the 5th Circuit, the two sides responded to each other's arguments about where the U.S. Supreme Court intended the affirmative-action litigation to land.
The options are for the case to go to the appellate court for a ruling on the constitutionality of UT's admissions policy or to the district court for further development of the evidentiary record. Fisher, a white woman who was rejected after applying to UT in 2008, alleged that the school violated her constitutional rights by using race as a factor in in its admissions process. The federal district court granted summary judgment in favor of the university.