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Response to: Constitutional Law Badge

January 23rd, 2013

In the case of Fisher v. Texas University, Fisher is attempting to sue the University for affirmative action, or injury from rejection. Fisher does not have a valid case to make it any further in her case. She did not sustain an injury in any broad view, so there is no causation or redress ability. It was not sufficient to show injury after being rejected from the University, and she would have had a stronger case if she did not attend another school and pursue her undergraduate degree.
One can only wonder why Fisher got rejected from the school. Only the top ten percent in a graduating class from a state high school got accepted into the University of Texas without question. It is stated that Fisher was not in the top ten percent of the class, and so the university had the right to consider various factors to either accept or deny her application. She had been denied and is claiming to be a victim of racial profiling and she is protecting herself under the fourteenth amendment.
Fisher may have had a better causation of an injury if she had an injury. The University of Texas had the right to reject her and who is to say how many other races get accepted into the University. The University said that they do not have any quota for racial diversity although diversity is a major priority at the University. The fact is that the University also states that they are similar to the case of Grutter v. Bollinger. Their use of considering race is not a narrowly tailored process to ensure racial diversity but a program that considers it among many other factors to encourage racial diversity. There would be no redressability because there was not an injury and there was no causation.
Many people get rejected from the university, and the university has a valid system of considering candidates that are looking to attend their school. It was not sufficient for Fisher to show injury after being rejected from the school. Her case may have also been stronger if she did not complete her undergraduate degree at Louisiana  State University. It would not affect the case in a large part. She still would be in the same position she is in now but she just would not have her undergraduate degree. Since she was able to get into another state university it should show that there is no injury that occurred.
The three factors that the case needs to proceed are not sufficient or reasonable. Fisher has not sustained an injury from her rejection of the university, and to prove it she has completed her undergraduate degree in another state university. The University  of Texas had the right to either accept her or deny her attendance from many factors. Fisher was not in the top ten percent of her graduating class, therefore the university due to the top ten percent program was enabled to consider her in many ways. There is no causation of an injury because the University had a valid system of considerations. They do not use a quota system and they encourage racial diversity through their top ten percent program and other considerable factors. The university claims to have race considered among many other factors and not narrowly tailored for a specific number or minorities. The third factor in advancing the case is not present. Fisher was able to attend another university elsewhere and obtained an undergraduate degree so far. She does not have a case to advance any further in the court.