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

Clearinghouse coding complete

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.

 

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)

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Documents in the Clearinghouse

Document
1

5:25-cv-11837

Complaint

June 18, 2025

June 18, 2025

Complaint

Docket

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

Last updated Aug. 25, 2025, 2:01 p.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

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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

Case Details

State / Territory: Michigan

Case Type(s):

Education

Equal Employment

Key Dates

Filing Date: June 18, 2025

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A non-profit membership organization opposed to racial and sex preferences in academia.

Plaintiff Type(s):

Non-profit NON-religious organization

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Michigan Law Review (Washtenaw), Non-profit or advocacy

University of Michigan (Washtenaw), None

University of Michigan (Washtenaw), None

Defendant Type(s):

College/University

Case Details

Causes of Action:

42 U.S.C. § 1981

42 U.S.C. § 1985

Title VI, Civil Rights Act of 1964, 42 U.S.C. § 2000d et seq.

Title IX of the Education Amendments of 1972, 20 U.S.C. §§ 1681 et seq.

Constitutional Clause(s):

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

Discrimination Basis:

Gender identity

Race discrimination

Sex discrimination

Sexual orientation