Thursday, October 11, 2012
The argument included several interesting exchanges on the issue of whether Ms. Fisher has standing to challenge the university’s admissions policies (transcript available here):
- On pp.3-8, the plaintiff’s counsel (Mr. Rein) responds to questions by Justices Ginsburg, Sotomayor, and Scalia.
- On pp.54-56, the university’s counsel (Mr. Garre) responds to questions by Chief Justice Roberts and Justice Scalia.
- On pp.72-74, the plaintiff’s counsel (Mr. Rein) responds to questions by Justice Sotomayor.
Also on the civil procedure and federal courts front is yesterday’s post by Prof. Sherrilyn Ifill (Maryland) on Concurring Opinions, which discusses the refusal of many courts to allow minority students to intervene (Fed. R. Civ. P. 24) in cases where affirmative action policies are being challenged.