U.S. Supreme Court,
Constitutional Law
Oct. 18, 2012
Forgotten issue in Fisher
The only defendants named in the suit are the University of Texas, a state university, and its officers who are sued in their "official capacity." By Erwin Chemerinsky of UC Irvine School of Law
Erwin Chemerinsky
Dean and Jesse H. Choper Distinguished Professor of Law, UC Berkeley School of Law
Erwin's most recent book is "Worse Than Nothing: The Dangerous Fallacy of Originalism." He is also the author of "Closing the Courthouse," (Yale University Press 2017).
The Supreme Court should dismiss the affirmative action case it just heard, Fisher v. University of Texas, Austin on jurisdictional grounds. For decades, the conservative majority on the Supreme Court has restricted federal court jurisdiction by expanding sovereign immunity for state governments and limiting who has standing to sue. Under these doctrines, Abigail Fisher's suit against the University of Texas must be dismissed. But will the conservative majority in a desire to limit ...
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