No. 21-1046

Faculty, Alumni, and Students Opposed to Racial Preferences v. New York University

Lower Court: Second Circuit
Docketed: 2022-01-27
Status: Denied
Type: Paid
Response RequestedResponse WaivedRelisted (2) Experienced Counsel
Tags: civil-rights discrimination legal-review membership-selection race sex standing title-ix title-vi
Latest Conference: 2022-06-09 (distributed 2 times)
Question Presented (from Petition)

The New York University Law Review is engaging in illegal race and sex discrimination when selecting articles for publication, as it asks authors to identify their race, sexual orientation, and gender identity when submitting manuscripts, and admits on its website that it considers whether submissions are written by "authors from underrepresented backgrounds in the legal profession." The Law Review also discriminates in favor of racial minorities, women, homosexuals, and transgender individuals when selecting its members—a practice that violates the unambiguous text of Title VI and Title IX. Petitioner Faculty, Alumni, and Students Opposed to Racial Preferences (FASORP) is a membership association that includes scholars and academics who submit articles to the NYU Law Review and intend to continue submitting their manuscripts in the future. FASORP has sued NYU to enjoin the discriminatory membership- and article-selection policies of its Law Review. FASORP also alleges that the NYU School of Law discriminates in its faculty hiring by conferring preferences on female and minority faculty candidates at the expense of white men. The court of appeals, however, held that FASORP had failed to allege standing, even though the complaint explains in detail how FASORP's members are suffering discriminatory treatment on account of these policies. The question presented is: Should the Court summarily reverse the court of appeals' holding that FASORP failed to allege standing in its amended complaint?

Question Presented (AI Summary)

Should the Court summarily reverse the court of appeals' holding that FASORP failed to allege standing in its amended complaint?

Docket Entries

2022-06-13
Petition DENIED.
2022-06-03
Reply of petitioner Faculty, Alumni, and Students Opposed to Racial Preferences filed. (Distributed)
2022-05-24
DISTRIBUTED for Conference of 6/9/2022.
2022-05-06
Brief of respondent New York University in opposition filed.
2022-02-09
Motion to extend the time to file a response is granted and the time is extended to and including May 6, 2022.
2022-02-08
Motion to extend the time to file a response from March 7, 2022 to May 6, 2022, submitted to The Clerk.
2022-02-04
Response Requested. (Due March 7, 2022)
2022-02-02
DISTRIBUTED for Conference of 2/18/2022.
2022-01-27
Waiver of right of respondent New York University to respond filed.
2022-01-24
Petition for a writ of certiorari filed. (Response due February 28, 2022)
2021-11-15
Application (21A147) granted by Justice Sotomayor extending the time to file until January 24, 2022.
2021-11-09
Application (21A147) to extend the time to file a petition for a writ of certiorari from November 23, 2021 to January 22, 2022, submitted to Justice Sotomayor.

Attorneys

Faculty, Alumni, and Students Opposed to Racial Preferences
Jonathan F. MitchellMitchell Law PLLC, Petitioner
New York University
Arun Srinivas SubramanianSusman Godfrey LLP, Respondent