A federal judge has refused to revive a lawsuit brought by black student-athletes that challenged the National Collegiate Athletic Association’s use of SAT scores in deciding freshman eligibility after finding they waited too long to pursue an entirely new theory of the case.

U.S. District Judge Ronald L. Buckwalter had previously struck down the NCAA’s Proposition 16, holding that it had a disparate impact on blacks and that the NCAA had other ways of improving the graduation rates of student-athletes that would be less racially discriminatory.

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