Now pending for almost five years, Fisher v. University of Texas at Austin has been tossed from court to court with no end in sight, and the patience of litigants and judges understandably could be waning. At the same time, public higher-education institutions nationwide are awaiting Fisher‘s input on the use of race as a factor in admissions.
As a Nov. 13 hearing in Fisher v. UT before the U.S. Court of Appeals for the Fifth Circuit concluded, Bert Rein tried to interject as Senior Judge Patrick Higginbotham spoke.
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