With no explanation, chose the best option from "A", "B", "C" or "D". programs. I respectfully dissent from the denial of en banc rehearing. * In 2009, the court decided to begin identifying the judges voting for or against en banc rehearing where a poll is taken and the request for en banc rehearing is denied. 1 . 539 U.S. 306, 123 S.Ct. 2325 (2003). 2 . Adarand Constructors, Inc. v. Pena, 515 U.S. 200, 115 S.Ct. 2097, 132 L.Ed.2d 158 (1995). 3 . I do not disagree with the panel's conclusion that following Grutter, we may presume a university's good faith in the decision that it has a compelling interest in achieving racial and other student diversity. But that is as about as far as deference should go. 4 . The Fisher panel is simply wrong in attempting to divorce Grutter s standards from those of employment discrimination cases. Fisher, 631 F.3d at 233 (<HOLDING>). Both Grutter and Parents Involved routinely

A: recognizing the right to intervene in cases like this
B: holding that parties are bound by admissions in pleadings
C: holding that employment cases have little purchase in this challenge to university admissions
D: holding that only deliberate clear and unambiguous statements are judicial admissions
C.