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Response to – Standing to Sue Fisher v. UT

Abigail Fisher incurred injury when she was denied admission to University of Texas, Austin (UT), and attended Louisiana State University (LSU).  LSU charges $10,000 more in annual out of state tuition than UT.  Academically, LSU is ranked 299, whereas UT is ranked 104 (Forbes).  So, not only did attending LSU cost Fisher more, but graduating from a college with lower academic rankings could restrict Fisher’s future opportunities.

We believe that the Courts do have redressability.  UT’s admission system follows the precedent set in Grutter v. Bollinger.  Grutter v. Bollinger states that schools with an interest in promoting diversity may use admissions programs to meet that goal.  The Courts have the ability to re-examine the precedent.

However, UT is not liable for financial and emotional injuries Fisher incurred from being denied to UT and from attending LSU.  By submitting the application to UT, she consented to the possibility that she would be denied admission and could not be refunded her application fee.   She also understood the application process considered race, and decided to run the risk that she could be denied for that reason.   Fisher decided to attend LSU and pay more; UT did not make that decision for her.

In conclusion, we believe Fisher does not have standing to have her case heard in the Courts.