Appeals Court Denies Request to Rehear Fisher v. UT

^{*Editor's note: This story has been updated to include a comment from the president of the University of Texas at Austin.}

Abigail Fisher's case against the University of Texas at Austin over the consideration of race in admissions for students not admitted through the state's top 10 percent law was dealt another blow on Wednesday.

The full U.S. 5th Circuit Court of Appeals declined to rehear the case, effectively upholding a decision in the university's favor that was issued by a panel of the court's judges in July. The case could now be headed once again to the U.S. Supreme Court. 

The university's use of race as a factor in some admissions decisions has been challenged by Fisher, a white woman who was denied admission in 2008. She has since graduated from Louisiana State University and secured a job in Texas. 

The case previously reached the U.S. Supreme Court, but was remanded back to the U.S. 5th Circuit Court of Appeals in June on the grounds that the judges, in siding with the university, had not applied "strict scrutiny" and had been too inclined to take the university representatives at their word when they said the consideration of race was a necessary component of the review process that helped the institution meet its diversity goals.

After rehearing the matter in July, a panel of judges, once again, sided with the university in a 2-1 decision. Fisher's legal team requested that the 5th Circuit rehear the case en banc, which means with the entire court present as opposed to a three-judge panel.

The court polled its members. Ten voted against rehearing the case and five voted for it. 

Fisher's legal team said Wednesday it intends to appeal to the country's highest court one more time.

"Abby Fisher and her family are disappointed with the court's denials for a rehearing, but remember that they have been in this posture before. This case will be appealed back to the U.S. Supreme Court," Edward Blum, director of the Project on Fair Representation, a legal defense foundation that has represented Fisher, said in a statement.

UT-Austin President Bill Powers said he was pleased with the ruling. The university, he said, "is committed to maintaining a student body that provides the educational benefits of diversity while respecting the rights of all students."

Disclosure: The University of Texas at Austin is a corporate sponsor of The Texas Tribune. A complete list of Tribune donors and sponsors can be viewed here.