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Why did Fisher vs TX try for 5th Cir En Banc instead of SCOTUS

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hairraiser alcoholic temple prole
  07/31/14
Guessing the broader CA5 is less friendly to AA than Higginb...
confused elite field kitty
  07/31/14
...
hairraiser alcoholic temple prole
  07/31/14
If they believe CA5 is significantly more hostile to AA such...
confused elite field kitty
  07/31/14
...
hairraiser alcoholic temple prole
  07/31/14
SCOTUS isn't a court of error correction and CA5 purporting ...
Thirsty Red Locus
  07/31/14
...
hairraiser alcoholic temple prole
  07/31/14
Of course it can. But it's much less likely to grant cert th...
Thirsty Red Locus
  07/31/14
...
hairraiser alcoholic temple prole
  07/31/14
...
hairraiser alcoholic temple prole
  07/31/14
...
hairraiser alcoholic temple prole
  08/01/14


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Date: July 31st, 2014 10:40 AM
Author: hairraiser alcoholic temple prole



(http://www.autoadmit.com/thread.php?thread_id=2632808&forum_id=2#26034537)



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Date: July 31st, 2014 10:44 AM
Author: confused elite field kitty

Guessing the broader CA5 is less friendly to AA than Higginbotham and King. Churning dat bill (who is finding the litigation at this point?). Spitballing arguments for SCOTUS.

(http://www.autoadmit.com/thread.php?thread_id=2632808&forum_id=2#26034559)



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Date: July 31st, 2014 10:50 AM
Author: hairraiser alcoholic temple prole



(http://www.autoadmit.com/thread.php?thread_id=2632808&forum_id=2#26034598)



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Date: July 31st, 2014 10:57 AM
Author: confused elite field kitty

If they believe CA5 is significantly more hostile to AA such that it might grant review, obviously they want to try to win the case at the circuit in the event SCOTUS is fucking done with this case. If they don't get review, how long does that really add to their cert calendar? A few months? Seems like they'd be cutting it close to get the case in for OT2014 anyway. SCOTUS practitioners have very specific calendars about cert consideration days and superstitions about which days are best to be up for review (eg, you dont want the new batch of clerks writing your cert memo because they are overly inclined to recommend denial) so it is possible they didn't like their timing and wanted a later draw.

(http://www.autoadmit.com/thread.php?thread_id=2632808&forum_id=2#26034632)



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Date: July 31st, 2014 11:11 AM
Author: hairraiser alcoholic temple prole



(http://www.autoadmit.com/thread.php?thread_id=2632808&forum_id=2#26034682)



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Date: July 31st, 2014 11:00 AM
Author: Thirsty Red Locus

SCOTUS isn't a court of error correction and CA5 purporting to apply the "new" standard, based on a complex record, makes the case much less cert-worthy than the first time around. Full CA5 is probably their best hope, ideally to persuade a majority that the panel misapplied the new standard.

(http://www.autoadmit.com/thread.php?thread_id=2632808&forum_id=2#26034647)



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Date: July 31st, 2014 11:20 AM
Author: hairraiser alcoholic temple prole



(http://www.autoadmit.com/thread.php?thread_id=2632808&forum_id=2#26034725)



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Date: July 31st, 2014 11:27 AM
Author: Thirsty Red Locus

Of course it can. But it's much less likely to grant cert the second time around.

(http://www.autoadmit.com/thread.php?thread_id=2632808&forum_id=2#26034758)



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Date: July 31st, 2014 11:28 AM
Author: hairraiser alcoholic temple prole



(http://www.autoadmit.com/thread.php?thread_id=2632808&forum_id=2#26034765)



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Date: July 31st, 2014 7:51 PM
Author: hairraiser alcoholic temple prole



(http://www.autoadmit.com/thread.php?thread_id=2632808&forum_id=2#26037667)



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Date: August 1st, 2014 10:55 AM
Author: hairraiser alcoholic temple prole



(http://www.autoadmit.com/thread.php?thread_id=2632808&forum_id=2#26041041)