The U.S. Justice Department has filed a friend-of-the-court brief urging the 3rd U.S. Circuit Court of Appeals to reconsider its decision that minority students cannot sue the National Collegiate Athletic Association to challenge the use of SAT scores in deciding freshman eligibility in college sports.

The brief was filed on the same day as a motion from the minority students asking for rehearing — either before the three-judge panel or the full court — on the issue of whether the NCAA can be sued under Title VI of the Civil Rights Act.