UPDATE: Court Approves Interventions in HSI Litigation

The Eastern District of Tennessee has approved our intervention for the National Association of Scholars and FASORP (along with one other party) into Tennessee’s Constitutional challenge to the discriminatory provisions of the Hispanic Serving Institutions programs.  You can read the Court’s order below.

Tennessee and Students for Fair Admissions initially filed this suit.  We asked the Court–here–to allow NAS and FASORP to intervene as additional plaintiffs.  Meanwhile, the Hispanic Association of Colleges and Universities asked the court to allow its participation, to defend the programs.

The Court allowed both interventions.

This answers who will be in the case and what will be in the case.  It leaves the case moving forward toward its ultimate merits. Those merits will include the issues we raised in our intervenors’ complaint.  That means the case should address both whether: (a) the HSI programs’ discriminatory provisions violate the Constitutional constraint on federal power paralleling the limitation on the states worked by the Equal Protection Clause; and (b) the same provisions exceed the spending power of Congress.