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Standing to Sue – Constitutional Law Badge

Abigail Fisher was injured by the University of Texas because they denied her admittance to their school even though she was qualified. The university caused her injury because they choose to denied her admittance because of her race. If the court ruled for Abigail they university would be forced to admit her to the school and her injury would be solved.
The fact that she was denied entrance to the University of Texas is enough to show injury because she would have picked the school for a reason. Reasons such as it might be cheaper, a better program for what she wanted to study or they have extracurricular activities more suited to her.
It would make her case a little harder to show that Texas was a better school for her since she went to a different college right away instead of staying there and fighting. So it would make her injury more effective if she would of only wanted to go to Texas.

Response to: Standing to Sue Fisher v. University of Texas

In order for Abigail Fisher to have standing to sue in U.S. courts, she is required to show that she was injured by the person she’s suing, that the defendant caused the injury, and that if the court ruled for the plaintiff her injury would be resolved.  When Abigail Fisher was denied acceptance into the University of Texas, and assumed it was because of her race, but she has seen no proof that this is true.
Just because race was taken into consideration when Abigail Fisher applied, it does not mean this is why she was not accepted.  The admissions of the University could have rejected her application for a number of reasons: she might not have had good enough grades, a high enough ACT score, or maybe her essay wasn’t satisfactory.
Fisher applied to the University of Louisiana and was accepted, and doesn’t plan on applying to the University of Texas again.  This shows that she was not injured by the  University, and therefore has no standing to sue.  She has no proof that race was the very reason she was denied acceptance, and she has suffered no injury of any kind, accept to her pride.  She would have a better standing to sue if she had not attended a university after her rejection of the University of Texas.

Fisher v. University of Texas, The Constitutional Law Badge

Fisher does not show a valid point on why she would have been denied admission to the University of Texas besides affirmative action, but without the university’s impute as to why she was denied she has a case. In Fisher’s favor affirmative action is not and should not be right. There are many other ways for a university to establish diversity among the college applicants, but race should not be at the head of and admissions officer’s head when considering applicants. Instead a background check should be made.
There is no real injury brought about the rejection other than an assumption as to why she was not accepted. Fisher’s case may have been stronger if she had made another attempt to apply to the University of Texas. Because the Louisiana State University was out of state this gave Fisher more of a chance of being accepted into the college, but both Texas as well as Louisiana are equally hard to get into it could be fact on race or the top 10% or rather Texas did not like her resume very much. Looking at the case it’s strength isn’t near as strong as what it could have been knowing she was accepted into a different college rather than the one she was denied.

Standing to Sue

I would say there was injury shown, that was the fact that she had got rejected from being enrolled there because of her race. I think being her case would be stronger because it would show her interest into trying to get into the University of Texas. Since she said she wouldn’t go there anyway, there really isn’t a point in taking the time to sue. I do understand her reason though, and that’s to get justice and so others can apply and get admission into her college.

The Texas Fish

For University of Texas, I believe that any university should be able to use race. All colleges need to have diversity in their schools.  People need to learn about other ethnic groups and see other religions. If our students were not brought about to  diversity, then it would not simulate real world issues.  As a director of admissions, i would not just accept a student on behalf of race but because that person has qualities that we seek. A student with better background and grades deserve a spot before others who don’t have good grades or good background skills.  As in the case of Grutter, the University of Texas the percentage plan is constitutional and is a great way of picking top students. In any case of a student getting denied by  a college, i think that everyone would get hurt a little. If its your dream school it will always hurt. Colleges are not trying to injure any student. All colleges are trying to do is pick the right students with the rights backgrounds.
(Standing Sue) I do not think Fishers injury should have been denied by the college. Considering that maybe it was the only way to file sue then i also think that it could be. Only if it was your only reason to use as an injury. It would have made her look better if she had not moved on right away and moved on to a different college.
Diversity of Discrimination 1) I believe that it does make a difference. A school need to have racial differences. Not every student should be the same.  We need Ethnic diversity.
Diversity of Discrimination 2) Without Ethnic Diversity, no student can properly understand the real world. Not everyone is the same out there.
 
 

Injury

Abigail Fisher was “injured” when the University of Texas denied her admission. Applying for college takes time and is an emotional thing for some students. For the past four years students have been working hard in order to be able to get into the college that they want. So when Abigail Fisher got that rejection letter from the University of Texas, she probably felt bad about herself. Even though it did not cause physical injury, it caused emotional injury for this young girl. Unfortunately though Abigail would have had a stronger case if she had not attended a different university after her rejection, and had said that she did not intend to apply to the university in the future. Because it shows that Fisher had not been injured enough to apply to another school and move on with her life.