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Another issue with the SEC’s Federal Lawsuit
Posted on 9/9/26 at 10:36 am
Posted on 9/9/26 at 10:36 am
Federal courts are constitutionally prohibited from issuing advisory opinions. For a court to rule, there has to be a real controversy between parties. A “party” is a person or entity who is properly included in the suit.
Since the SEC dismissed LSU and the Board from the lawsuit, LSU as an entity is no longer officially a part of the lawsuit.
Therefore it’s likely the SEC no longer has grounds to obtain their declaratory judgment that they have the “first amendment right” to remove LSU from the conference.
The SEC had to amend their original complaint because they brought 1983 claims against an entity, which is prohibited. Now it’s likely the new claim is prohibited because they dismissed LSU. But tell me again how the SEC knows what they’re doing.
Since the SEC dismissed LSU and the Board from the lawsuit, LSU as an entity is no longer officially a part of the lawsuit.
Therefore it’s likely the SEC no longer has grounds to obtain their declaratory judgment that they have the “first amendment right” to remove LSU from the conference.
The SEC had to amend their original complaint because they brought 1983 claims against an entity, which is prohibited. Now it’s likely the new claim is prohibited because they dismissed LSU. But tell me again how the SEC knows what they’re doing.
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Posted on 9/9/26 at 10:37 am to Buryl
quote:
they have the “first amendment right” to remove LSU from the conference.
This doesn’t exist.
Posted on 9/9/26 at 10:39 am to Buryl
LSU's roster is full. There is no case or controversy. And no longer any standing.
Posted on 9/9/26 at 10:40 am to pankReb
quote:They're claiming it under the freedom of assembly clause. Interesting legal theory employing the 14th Amendment.
This doesn’t exist.
Posted on 9/9/26 at 10:40 am to Buryl
You just explained why the complaint was amended, then completely misunderstood what the amendment accomplished. The SEC removed LSU as a direct defendant and sued LSU’s president, athletic director, coach, every Board member and Louisiana’s attorney general in their official capacities for prospective relief. The Board did not magically disappear, and neither did the opposing parties.
The amended complaint alleges ongoing and threatened interference with the September 10 meeting and asks the court to restrain those remaining defendants. Whether that theory ultimately succeeds is for the judge to decide, but removing LSU as an entity does not automatically convert a dispute with its officials into an advisory opinion.
You understood just enough law to identify why they amended the complaint, but not enough to understand what the amendment did. Then you confidently declared the case dead without even identifying who is still being sued.
The amended complaint alleges ongoing and threatened interference with the September 10 meeting and asks the court to restrain those remaining defendants. Whether that theory ultimately succeeds is for the judge to decide, but removing LSU as an entity does not automatically convert a dispute with its officials into an advisory opinion.
You understood just enough law to identify why they amended the complaint, but not enough to understand what the amendment did. Then you confidently declared the case dead without even identifying who is still being sued.
Posted on 9/9/26 at 10:40 am to FearTheFish
quote:
LSU's roster is full. There is no case or controversy. And no longer any standing.
Agreed, I was only addressing the prohibition on advisory opinions since I hadn’t seen it addressed.
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