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Was AG Murrell correct when said the state can't be sued in Federal Court?

Posted on 9/3/26 at 9:29 pm
Posted by HubbaBubba
North of DFW, TX
Member since Oct 2010
52730 posts
Posted on 9/3/26 at 9:29 pm
Sorry if discussed already, but did I misheard what she said?
Posted by stopitnow1
Florida
Member since Mar 2013
2751 posts
Posted on 9/3/26 at 9:32 pm to
He said Louisiana has sovereign immunity and LSU is an extension of the state.
Posted by TutHillTiger
Mississippi Alabama
Member since Sep 2010
50215 posts
Posted on 9/3/26 at 9:33 pm to
100% and I have tried
Posted by lsufan1971
Zachary
Member since Nov 2003
24418 posts
Posted on 9/3/26 at 9:35 pm to
quote:

Was AG Murrell correct when said the state can't be sued in Federal Court?


I believe how she laid it out is that the federal lawsuit was dogshit because LSU isn’t a forced member of the SEC it was invited /voluntary. The SEC can’t claim its first amendment right are being violated because of this.
Posted by Revelator
Member since Nov 2008
62414 posts
Posted on 9/3/26 at 9:36 pm to
quote:

Was AG Murrell correct when said the state can't be sued in Federal Court?


She said they could do an end around by suing individuals instead. And that’s what the SEC did.
Posted by Tall Tiger
Dr. Mercer's house
Member since Sep 2007
4331 posts
Posted on 9/3/26 at 9:37 pm to
Yes. It's the Eleventh Amendment to the U.S. Constitution.
Posted by UpToPar
Baton Rouge
Member since Sep 2008
23210 posts
Posted on 9/3/26 at 9:42 pm to
quote:

I believe how she laid it out is that the federal lawsuit was dogshit because LSU isn’t a forced member of the SEC it was invited /voluntary. The SEC can’t claim its first amendment right are being violated because of this.


If you read closely, the SEC is asking the federal court to confirm that they can “disassociate” (I.e., kick LSU out of the conference) over this despite any state court rulings. For a First Amendment violation, they need some “state action” which violates their rights to associate. The state action here would be a state court injunction prohibiting them from booting LSU from the SEC.
Posted by ColeByBlood
Member since Aug 2024
38 posts
Posted on 9/3/26 at 9:45 pm to
This isn’t my field of law, but wouldn’t Verge, CLK and any other school official be considered a state agent acting subject to the State’s own immunity protections?
Posted by Revelator
Member since Nov 2008
62414 posts
Posted on 9/3/26 at 9:46 pm to
quote:

This isn’t my field of law, but wouldn’t Verge, CLK and any other school official be considered a state agent acting subject to the State’s own immunity protections?


I don’t know either, but surely, she does.
Posted by udtiger
Over your left shoulder
Member since Nov 2006
117460 posts
Posted on 9/3/26 at 9:50 pm to
Yes
This post was edited on 9/3/26 at 9:52 pm
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