(1) Greg Stohr, That Feeling When You Win a Supreme Court Case and Get Nothing.
http://www.bloomberg.com/news/ar ... ase-and-get-nothing
Note:
(a) summary underneath the title in print: Plaintiffs get their names associated with landmark decisions but often little else
(b) Regarding the standing. It was resolved almost four decades ago, in
Regents of University of California v Bakke, 438 US 265 (1978).
https://supreme.justia.com/cases/federal/us/438/265/case.html
At footnote 14:
"Several amici suggest that Bakke lacks standing, arguing that he never showed that his injury -- exclusion from the Medical School -- will be redressed by a favorable decision, and that the petitioner 'fabricated' jurisdiction by conceding its inability to meet its burden of proof [that absent the special program, Bakke would have been admitted to the medical school, page 266]. Petitioner does not object to Bakke's standing, but inasmuch as this charge concerns our jurisdiction under Art[icle] III [of United States Constitution], it must be considered and rejected. First, there appears to be no reason to question the petitioner's concession. It was not an attempt to stipulate to a conclusion of law or to disguise actual facts of record. Second, even if Bakke had been unable to prove that he would have been admitted in the absence of the special program, it would not follow that he lacked standing. The constitutional element of standing is plaintiff's demonstration of any injury to himself that is likely to be redressed by favorable decision of his claim. The trial court found such an injury, apart from failure to be admitted, in the University's decision not to permit Bakke to compete for all 100 places in the class, simply because of his race. Hence, the constitutional requirements of Art. III were met. The question of Bakke's admission vel non [Latin: or not] is merely one of relief." (citations omitted)
In other words: If he had won the lawsuit (though he lost), Bakke could have been made whole with admission to the medical school, compensation for the damage (money lost if he had been admitted earlier), or both. Compensation is applicable to Ms Fisher.
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