Case: Faculty, Alumni, and Students Opposed to Racial Preferences (FASORP) v. Michigan Law Review Association

5:25-cv-11837 | U.S. District Court for the Eastern District of Michigan

Filed Date: June 18, 2025

Case Ongoing

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Case Summary

The case is about a challenge to alleged racial and sex discrimination by the Michigan Law Review in their selection of members and articles. On June 18, 2025, Faculty, Alumni, and Students Opposed to Racial Preferences ("FASORP") filed a lawsuit in the Eastern District of Michigan. FASORP sued the Michigan Law Review Association ("MLR"), its editor-in-chief, managing editor, and executive development editor, four anonymous MLR members who would help select new members as part of the journal's …

The case is about a challenge to alleged racial and sex discrimination by the Michigan Law Review in their selection of members and articles.

On June 18, 2025, Faculty, Alumni, and Students Opposed to Racial Preferences ("FASORP") filed a lawsuit in the Eastern District of Michigan. FASORP sued the Michigan Law Review Association ("MLR"), its editor-in-chief, managing editor, and executive development editor, four anonymous MLR members who would help select new members as part of the journal's Holistic Review Committee ("HRC"), the University of Michigan, its Board of Regents, and its general counsel and vice president.

FASORP alleged that MLR used race and sex preferences in selecting its members and articles -- specifically, that MLR discriminated against heterosexual and cisgender white men. Concerning membership selection, 40% of new members are selected to join MLR based solely on their scores on application exercises. The remaining 60% are selected via a holistic process by the Holistic Review Committee. FASORP argued that MLR required applicants to submit a short personal statement with their application and then awarded discriminatory preference to applicants with allegedly preferred characteristics during HRC. In addition, FASORP alleged that MLR impermissibly discriminated in favor of authors with allegedly preferred characteristics when choosing manuscripts to publish.

Represented by the America First Legal Foundation and private counsel, FASORP sought declaratory and injunctive relief. It also asked that the court appoint a monitor to oversee all decisions relating to membership and article selection.

As of June 18, 2025, the case is ongoing.

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Summary Authors

Avery Coombe (6/18/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/70578806/parties/faculty-alumni-and-students-opposed-to-racial-preferences-fasorp-v/

Judge(s)

Levy, Judith Ellen (Michigan)

Attorney for Plaintiff

Flowers, Benjamin Michael (Michigan)

Attorney for Defendant

Benjamin, Jasmine (Michigan)

Conley, Danielle (Michigan)

Feinerman, Gary (Michigan)

Judge(s)

Levy, Judith Ellen (Michigan)

Attorney for Plaintiff

Flowers, Benjamin Michael (Michigan)

Mitchell, Jonathan F. (Michigan)

Attorney for Defendant

Benjamin, Jasmine (Michigan)

Conley, Danielle (Michigan)

Feinerman, Gary (Michigan)

Schwartz, Brian M. (Michigan)

Siskel, Edward (Michigan)

Smith, Christine Casey (Michigan)

Volek, Jude (Michigan)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1 5:25-cv-11837	Complaint	June 18, 2025	June 18, 2025 Complaint

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/70578806/faculty-alumni-and-students-opposed-to-racial-preferences-fasorp-v/

Last updated Sept. 23, 2025, 7:29 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT filed by Faculty, Alumni, and Students Opposed to Racial Preferences (FASORP) against All Defendants. Plaintiff requests summons issued. Receipt No: AMIEDC-10286402 - Fee: $ 405. County of 1st Plaintiff: N/A - County Where Action Arose: Washtenaw - County of 1st Defendant: Washtenaw. [Previously dismissed case: No] [Possible companion case(s): None] (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit) (Mitchell, Jonathan) (Entered: 06/18/2025) 1 Exhibit View on PACER 2 Exhibit View on PACER 3 Exhibit View on PACER	June 18, 2025	June 18, 2025 Clearinghouse
1	COMPLAINT filed by Faculty, Alumni, and Students Opposed to Racial Preferences (FASORP) against All Defendants. Plaintiff requests summons issued. Receipt No: AMIEDC-10286402 - Fee: $ 405. County of 1st Plaintiff: N/A - County Where Action Arose: Washtenaw - County of 1st Defendant: Washtenaw. [Previously dismissed case: No] [Possible companion case(s): None] (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit) (Mitchell, Jonathan) (Entered: 06/18/2025) 1 Exhibit View on PACER 2 Exhibit View on PACER 3 Exhibit View on PACER	June 18, 2025	June 18, 2025 Clearinghouse
2	SUMMONS Issued for Jordan B. Acker, Michael J. Behm, Mark J. Bernstein, Paul W. Brown, Delpha Carpenter, Heather Jane Foster, Sarah Hubbard, Denise Ilitch, Timothy G. Lynch, Nathaniel B. Magrath, Carl J. Meyers, Michigan Law Review Association, University of Michigan, Katherine E. White (MSyl) (Entered: 06/20/2025)	June 20, 2025	June 20, 2025 PACER
2	SUMMONS Issued for Jordan B. Acker, Michael J. Behm, Mark J. Bernstein, Paul W. Brown, Delpha Carpenter, Heather Jane Foster, Sarah Hubbard, Denise Ilitch, Timothy G. Lynch, Nathaniel B. Magrath, Carl J. Meyers, Michigan Law Review Association, University of Michigan, Katherine E. White (MSyl) (Entered: 06/20/2025)	June 20, 2025	June 20, 2025 PACER
	Notice to Parties of Consent of a Civil Action before a Magistrate Judge Option	June 20, 2025	June 20, 2025 PACER
	Notice to Parties of Consent of a Civil Action before a Magistrate Judge Option	June 20, 2025	June 20, 2025 PACER
	A United States Magistrate Judge of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form is available for download at http://www.mied.uscourts.gov (MSyl)	June 20, 2025	June 20, 2025 PACER
	A United States Magistrate Judge of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form is available for download at http://www.mied.uscourts.gov (MSyl)	June 20, 2025	June 20, 2025 PACER
3	Appearance	June 29, 2025	June 29, 2025 PACER
3	NOTICE of Appearance by Benjamin Michael Flowers on behalf of Faculty, Alumni, and Students Opposed to Racial Preferences (FASORP). (Flowers, Benjamin) (Entered: 06/29/2025)	June 29, 2025	June 29, 2025 PACER
4	WAIVER OF SERVICE Returned Executed. All Defendants. (Attachments: # 1 Document Continuation, # 2 Document Continuation, # 3 Document Continuation, # 4 Document Continuation, # 5 Document Continuation, # 6 Document Continuation, # 7 Document Continuation, # 8 Document Continuation, # 9 Document Continuation, # 10 Document Continuation, # 11 Document Continuation, # 12 Document Continuation, # 13 Document Continuation) (Mitchell, Jonathan) Modified on 7/9/2025 (SSch).[WAIVERS SENT 6/30/25] (Entered: 07/03/2025)	July 3, 2025	July 3, 2025 PACER
10	NOTICE of Appearance by Christine Casey Smith on behalf of Jordan B. Acker, Michael J. Behm, Mark J. Bernstein, Paul W. Brown, Delpha Carpenter, Heather Jane Foster, Sarah Hubbard, Denise Ilitch, Timothy G. Lynch, Nathaniel B. Magrath, Carl J. Meyers, Michigan Law Review Association, University of Michigan, Katherine E. White. (Smith, Christine) (Entered: 07/28/2025)	July 28, 2025	July 28, 2025 PACER
5	NOTICE of Appearance by Gary Feinerman on behalf of Jordan B. Acker, Michael J. Behm, Mark J. Bernstein, Paul W. Brown, Delpha Carpenter, Heather Jane Foster, Sarah Hubbard, Denise Ilitch, Timothy G. Lynch, Nathaniel B. Magrath, Carl J. Meyers, Michigan Law Review Association, University of Michigan, Katherine E. White. (Feinerman, Gary) (Entered: 07/28/2025)	July 28, 2025	July 28, 2025 PACER
6	NOTICE of Appearance by Danielle Conley on behalf of Jordan B. Acker, Michael J. Behm, Mark J. Bernstein, Paul W. Brown, Delpha Carpenter, Heather Jane Foster, Sarah Hubbard, Denise Ilitch, Timothy G. Lynch, Nathaniel B. Magrath, Carl J. Meyers, Michigan Law Review Association, University of Michigan, Katherine E. White. (Conley, Danielle) (Entered: 07/28/2025)	July 28, 2025	July 28, 2025 PACER
7	NOTICE of Appearance by Edward Siskel on behalf of Jordan B. Acker, Michael J. Behm, Mark J. Bernstein, Paul W. Brown, Delpha Carpenter, Heather Jane Foster, Sarah Hubbard, Denise Ilitch, Timothy G. Lynch, Nathaniel B. Magrath, Carl J. Meyers, Michigan Law Review Association, University of Michigan, Katherine E. White. (Siskel, Edward) (Entered: 07/28/2025)	July 28, 2025	July 28, 2025 PACER
8	NOTICE of Appearance by Jude Volek on behalf of Jordan B. Acker, Michael J. Behm, Mark J. Bernstein, Paul W. Brown, Delpha Carpenter, Heather Jane Foster, Sarah Hubbard, Denise Ilitch, Timothy G. Lynch, Nathaniel B. Magrath, Carl J. Meyers, Michigan Law Review Association, University of Michigan, Katherine E. White. (Volek, Jude) (Entered: 07/28/2025)	July 28, 2025	July 28, 2025 PACER
9	NOTICE of Appearance by Jasmine Benjamin on behalf of Jordan B. Acker, Michael J. Behm, Mark J. Bernstein, Paul W. Brown, Delpha Carpenter, Heather Jane Foster, Sarah Hubbard, Denise Ilitch, Timothy G. Lynch, Nathaniel B. Magrath, Carl J. Meyers, Michigan Law Review Association, University of Michigan, Katherine E. White. (Benjamin, Jasmine) (Entered: 07/28/2025)	July 28, 2025	July 28, 2025 PACER
11	NOTICE of Appearance by Brian M. Schwartz on behalf of Jordan B. Acker, Michael J. Behm, Mark J. Bernstein, Paul W. Brown, Delpha Carpenter, Heather Jane Foster, Sarah Hubbard, Denise Ilitch, Timothy G. Lynch, Nathaniel B. Magrath, Carl J. Meyers, Michigan Law Review Association, University of Michigan, Katherine E. White. (Schwartz, Brian) (Entered: 07/29/2025)	July 29, 2025	July 29, 2025 PACER
12	STIPULATED ORDER Dismissing Individual Defendants without prejudice and Extending Time for Defendants University of Michigan and the Michigan Law Review Association to Answer 1 Complaint; Responsive Pleading due by 10/13/2025, Signed by District Judge Judith E. Levy. (WBar) (Entered: 07/30/2025)	July 30, 2025	July 30, 2025 RECAP