Students for Fair Admissions v. Univ of TX, No. 21-50715 (5th Cir. 2022)Annotate this Case
Students for Fair Admissions, Inc. (SFFA), a nonprofit organization committed to ending race discrimination in higher-education admissions, sued the University of Texas at Austin (UT) over its use of race in admitting students. The district court concluded SFFA has standing but dismissed its claims as barred by res judicata. It reasoned that SFFA’s claims were already litigated in a prior challenge to UT’s admissions policies. See Fisher v. Univ. of Tex. (Fisher II), 579 U.S. 365 (2016); Fisher v. Univ. of Tex. (Fisher I), 570 U.S. 297 (2013).
The Fifth Circuit reversed the district court’s judgment. The court agreed that SFFA has standing, but disagreed that res judicata bars its claims. The parties here are not identical to or in privity with those in Fisher, and this case presents different claims.
The court first explained that SFFA has associational standing to challenge UT’s race-conscious admissions policy and the district court correctly denied the motions to dismiss based on standing. The court wrote that, however, the district court erred in applying the control exception to nonparty preclusion in two key respects. First, it mistakenly rejected SFFA’s argument about the different capacities in which Fisher and Blum acted in Fisher and act in this case. Second, even if Fisher’s and Blum’s different capacities did not foreclose applying claim preclusion, the district court erred in finding that Fisher and Blum control SFFA. Further, under the court’s transactional test, SFFA’s claims are not the same as those in Fisher because the claims are not related in time and space.