Variety; July 1, 2013

Paula Deen’s attorneys are turning to last week’s Supreme Court ruling in the Proposition 8 case to bolster her argument that one of her former managers doesn’t have standing to sue her and her brother for racial discrimination.

In a filing in federal court in Savannah on Monday, Deen’s legal team cites a paragraph from Chief Justice John Roberts’ opinion in the Prop 8 case, in which the majority ruled 5-4 that the defenders of Prop 8 didn’t have standing to pursue the case because they could not prove they have suffered “a concrete and particularized injury.”

“In other words, for a federal court to have authority under the Constitution to settle the dispute, the party before it must seek a remedy for personal and tangible harm,” Roberts wrote.

Her legal team contends that the former manager, Lisa Jackson, lacks standing as she is white yet claims race discrimination and a hostile work environment. They have contended lack of standing numerous times since the case was first filed last year.

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