Hopes of ending a ban on affirmative action in Texas college admissions any time soon was dashed by the 5th U.S. Circuit Court of Appeals’ decision not to sit en banc for the latest appeal of Hopwood v. Texas.

In a Jan. 31 order, the court said since no member of the panel nor judge in regular active service on the court requested that the court be polled on hearing the case en banc, the state’s motion was denied.

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