U.S. District Court (Trial Court)

Civil Action No. 1:08-cv-00263-SS

In the United States District Court

for the Western District of Texas

(Austin Division)

Abigail Noel Fisher and Rachel Multer Michalewicz, Plaintiffs

vs,

University of Texas at Austin, et al., Defendants

On August 17, 2009, the United States District Court entered its order granting summary judgment on behalf of The University of Texas at Austin.  Plaintiffs appealed the trial court's decision to the United States Court of Appeals for the Fifth Circuit on September 14, 2009.

Complaints and Answers

Preliminary Injunction

  • Plaintiffs' Motion for Preliminary Injunction (April 17, 2008)
  • Plaintiffs' Memorandum In Support of Motion for Preliminary Injunction (April 17, 2008)
  • Declaration of Paul M. Terrill (re exhibits in support of Motion for Preliminary Injunction) (April 17, 2008)
    • Exhibit A: HB 588, House Research Organization Digest (April 15, 1997)
    • Exhibit B: The University of Texas at Austin’s Experience with the “Top 10 Percent” Law (January 16, 2003)
    • Exhibit C: Texas Attorney General, Letter Opinion No. 97-001 (February 5, 1997)
    • Exhibit D: The Implementation and Results of the Texas Automatic Admissions Law (HB 588) at the University of Texas at Austin (December 6, 2007)
    • Exhibit E: The Implementation and Results of the Texas Automatic Admissions Law (HB 588) at the University of Texas at Austin (December 6, 2006)
    • Exhibit F: Implementation and Results of the Texas Automatic Admissions Law (October 28, 2007)
    • Exhibit G: House Bill 588, Tex. Educ. Code § 51.803 (1997)
    • Exhibit H: The “Top Ten Percent Law” is Working for Texas, Dr. Larry Faulkner, President, The University of Texas at Austin (October 19, 2000)
    • Exhibit I: Enrollment of First-time Freshmen Minority Students Now Higher Than Before Hopwood Court Decision (January 29, 2003)
    • Exhibit J: The University of Texas at Austin Reacts to the Supreme Court’s Affirmative Action Decisions, The University of Texas at Austin (June 23, 2003)
    • Exhibit K: Declaration of Abigail Noel Fisher (April 16, 2008)
    • Exhibit L: Declaration of Rachel Multer Michalewicz (April 11, 2008)
    • Exhibit M: Admissions Response to Abigail Noel Fisher dated March 25, 2008
    • Exhibit N: Admissions Response to Rachel Multer Michalewicz dated March 24, 2008
    • Exhibit O: Top Ten Rule Limits UT, Says its Leader; Powers Argues Forced Admission Blocks Diversity (March 20, 2008)
    • Exhibit P: Poverty in the United States: 2001 (September 2002)
    • Exhibit Q: Race-neutral Alternatives in Postsecondary Education: Innovative Approaches to Diversity (March 2003)
    • Exhibit R: Expanding Educational Opportunity (Fall 2001)
    • Exhibit S: Diversity and Texas A&M University (April 14, 2008)
    • Exhibit T: Texas A&M University Enrollment Profile Fall 2004
    • Exhibit U: Texas A&M University Enrollment Profile Fall 2007
    • Exhibit V: University of Texas at Austin Undergraduate Admissions Data Compilation
  • Defendants' Opposition to Motion for Preliminary Injunction (May 5, 2008)
    • Affidavit of Gary M. Lavergne (May 5, 2008)
    • Business Records Affidavit of Charles Roeckle (May 5, 2008)
      • Exhibit A: A Letter from the President—Baseball, Bluebonnets and Admissions (Spring 2007)
      • Exhibit B: A Letter from the President—Vision, Strategy, Talent . . . and What They Cost (Summer 2007)
    • Affidavit of Kedra B. Ishop (May 5, 2008)
    • Affidavit of Charles A. Roeckle (May 5, 2008)
    • Affidavit of Francie A. Frederick (May 2, 2008)
      • Exhibit A to Frederick Affidavit: The Minutes of the Board of Regents of the University of Texas System (August 6-7, 2003)
    • Affidavit of Michael K. Orr (May 5, 2008)
    • Affidavit of Gregory J. Vincent, including University of Texas at Austin 2008 Impact Report (May 5, 2008)
  • Plaintiffs' Reply Memorandum in Support of Motion for Preliminary Injunction (May 14, 2008)
    • Exhibit A: Defendant’s Responses to Plaintiff’s Interrogatories 1 through 5 (May 18, 2008)
  • Defendants' Proposed Exhibit List for Hearing on Plaintiffs' Motion for Preliminary Injunction (May 15, 2008)
  • Defendants' Letter Brief to the Court (May 20, 2008)
  • Plaintiffs' Letter Brief to the Court (May 22, 2008)
  • Order Denying Motion for Preliminary Injunction (May 29, 2008)

Intervention of Non-parties

Summary Judgment

  • Plaintiffs' Motion for Partial Summary Judgment (January 23, 2009)
  • Plaintiff's Memorandum In Support of Motion for Partial Summary Judgment; Proposed Order (January 23, 2009)
    • Exhibit A: Defendants’ Proposed Exhibit List for Hearing on Plaintiffs’ Motion for Preliminary Injunction (May 15, 2008); Affidavit of Perry Weirich (May 14, 2008)
  • Plaintiffs’ Statement of Facts in Support of Partial Summary Judgment (January 23, 2009)
    • Exhibit 1: Defendants’ Responses to Plaintiffs’ Interrogatories 1 through 5 (May 14, 2008)
    • Exhibit 2: UT Austin’s Response to Plaintiffs’ Second Discovery Requests (August 19, 2008)
    • Exhibit 3: Sample Admissions Matrices produced by Defendants in response to Plaintiffs’ Second Discovery Requests
    • Exhibit 4: Oral Deposition of Brian Bremen (October 6, 2008)
    • Exhibit 5: Oral Deposition of Kedra Ishop (October 6, 2008)
    • Exhibit 6: Oral Deposition of Gary Lavergne (October 6, 2008)
    • Exhibit 7: Oral Deposition of Michael Orr (October 6, 2008)
    • Exhibit 8: Oral Deposition of Bruce Walker (October 7, 2008)
    • Exhibit 9: Implementation and results of the Texas Automatic Admission Law (HB 588) at the University of Texas at Austin (October 28, 2008)
    • Exhibit 10: Inter-rater Reliability of Holistic Measures Used in the Freshman Admissions Process of The University of Texas at Austin Summer/Fall 2005 (February 22, 2005)
    • Exhibit 11: The University of Texas at Austin—Rankings and Kudos
    • Exhibit 12: The University of Texas at Austin—Types of Applicants
    • Exhibit 13: The University of Texas at Austin—Admission Essays
    • Exhibit 14: The University of Texas at Austin—Texas Scholarships—Longhorn Opportunity Scholarship
    • Exhibit 15: The University of Texas at Austin—Texas Scholarships—President’s Achievement Scholarship
    • Exhibit 16: The University of Texas at Austin—Texas Scholarships—First Generation Scholarship
    • Exhibit 17: Affidavit of Kedra B. Ishop (May 5, 2008)
    • Exhibit 18: Affidavit of Charles A. Roeckle (May 5, 2008)
    • Exhibit 19: Affidavit of Francie A. Frederick (May 2, 2008)
      • Exhibit A: The Minutes of the Board of Regents of the University of Texas System (August 6-7, 2003)
    • Exhibit 20: Affidavit of Michael K. Orr (May 5, 2008)
    • Exhibit 21: Affidavit of Gregory J. Vincent, including University of Texas at Austin 2008 Impact Report (May 5, 2008)
    • Exhibit 22: Implementation and results of the Texas Automatic Admission Law (HB 588) at the University of Texas at Austin (November 6, 2006)
    • Exhibit 23: Implementation and results of the Texas Automatic Admission Law (HB 588) at the University of Texas at Austin (December 6, 2006)
    • Exhibit 24: Implementation and results of the Texas Automatic Admission Law (HB 588) at the University of Texas at Austin (October 28, 2007)
    • Exhibit 25: Implementation and results of the Texas Automatic Admission Law (HB 588) at the University of Texas at Austin (December 6, 2007)
    • Exhibit 26: Texas Attorney General, Letter Opinion No. 97-001 (February 5, 1997)
    • Exhibit 27: HB 588, House Research Organization Digest (April 15, 1997)
    • Exhibit 28: The “Top 10 Percent Law” is Working for Texas, Dr. Larry Faulkner, President, The University of Texas at Austin (October 19, 2000)
    • Exhibit 29: The University of Texas at Austin’s experience with the “Top 10 Percent” Law (January 16, 2003)
    • Exhibit 30: Enrollment of first-time freshman minority students now higher than before Hopwood court decision (January 29, 2003)
    • Exhibit 31: The University of Texas at Austin Reacts to the Supreme Court’s affirmative action decisions, The University of Texas at Austin (June 23, 2003)
    • Exhibit 32: House Bill 588, Tex. Educ. Code § 51.803 (1997)
  • Defendants’ Cross-Motion for Summary Judgment (February 23, 2009)
  • Memorandum in Support of Defendants' Cross-Motion for Summary Judgment and in Opposition to Plaintiffs' Motion for Partial Summary Judgment (February 23, 2009)
  • Defendants’ Statement of Facts (February 23, 2009)
    • Tab 1: Oral Deposition of Brian Bremen (October 6, 2008)
    • Tab 2: Oral Deposition of Kedra B. Ishop (October 6, 2008)
    • Tab 3: Oral Deposition of Gary M. Lavergne (October 6, 2008)
    • Tab 4: Oral Deposition of Michael K. Orr (October 6, 2008)
    • Tab 5: Deposition of Bruce Walker (October 7, 2008)
    • Tab 6: Affidavit of Brian A. Bremen (February 23, 2009)
      • Exhibit A: Holistic Scoring
    • Tab 7: Affidavit of Kedra B. Ishop (February 23, 2009)
      • Exhibit A: The University of Texas at Austin—Admission Essays
      • Exhibit B: Sample Admissions Matrix for School 4 Major
      • Exhibit C: Sample Admissions Matrix for School L Major
    • Tab 8: Affidavit of Gary M. Lavergne (February 19, 2009)
      • Exhibit A: Implementation and results of the Texas Automatic Admission Law (HB 588) at the University of Texas at Austin (December 6, 2007)
      • Exhibit B: Diversity Levels of Undergraduate Classes at the University of Texas at Austin 1996-2002 (November 20, 2003)
      • Exhibit C: Implementation and results of the Texas Automatic Admission Law (HB 588) at the University of Texas at Austin (October 28, 2008)
      • Exhibit D: Total Number of Non-Top 10% Applicants for Year 2003-2008 (All Races Combined)
      • Exhibit E: Total Number of Non-Top 10% Admits for Year 2003-2008 (All Races Combined)
      • Exhibit F: Total Number of Non-Top 10% Applicants for Year 2003-2008 by Race
      • Exhibit G: Total Number of Non-Top 10% Admits for Year 2003-2008 by Race
    • Tab 9: Affidavit of Michael K. Orr (February 20, 2009)
    • Tab 10: Affidavit of Gregory J. Vincent (February 23, 2009)
      • Exhibit A: University of Texas at Austin 2008 Impact Report (May 5, 2008)
    • Tab 11: Affidavit of N. Bruce Walker (February 23, 2009)
      • Exhibit A: Proposal to Consider Race and Ethnicity in Admissions (June 25, 2004)
  • Plaintiffs’ Combined Reply Memorandum in Support of Motion for Partial Summary Judgment and Memorandum in Opposition to Defendants' Cross-Motion for Partial Summary Judgment (March 27, 2009)
    • Exhibit 1: Implementation and results of the Texas Automatic Admission Law (HB 588) at the University of Texas at Austin Demographic Analysis Fall 2003
    • Exhibit 2: Perceptions and Opinions of University of Texas Entering Freshmen: The Impact of the Texas Top 10% Automatic Admissions Law
  • Defendants’ Reply Memorandum in Support of Cross-Motion Partial Summary Judgment (April 13, 2009)
    • Tab A: Grutter v. Bollinger, 539 U.S. 306 (2003)
    • Tab B: Affidavit of Gary M. Lavergne (April 13, 2009)
  • Memorandum of Amici NAACP Legal Defense & Education Fund, et. al. In Support of Defendants' Cross-Motion for Summary Judgment and In Opposition to Plaintiffs' Motion for Partial Summary Judgment (April 13, 2009)
    • Appendix A: Facing Stereotypes: A case study of black students on a white campus (September/October 2001)
    • Appendix B: The Benefits of Diversity in Higher Education for Democratic Citizenship (2004)
    • Appendix C: The Educational Benefits of Diversity: Evidence From Multiple Sectors (2003)
  • Order granting Defendants’ Cross-Motion for Summary Judgment, denying Plaintiffs’ Motion for Partial Summary Judgment, and granting LULAC’s Motion for Leave to File Amicus Curiae Brief in Support of Defendants Out of Time (August 17, 2009)
  • Judgment (August 17, 2009)
  • Notice of Appeal (September 14, 2009)

Other Motions