Legal Opinion · Dissent

Baca v. Colo. Dep't of State

Court of Appeals for the Tenth Circuit

Decided August 20, 2019No. 18-1173Published

1DissentBriscoe, Circuit Judge

While the majority has presented a thorough analysis in support of its ruling, I would not reach the merits of the issues presented but would instead conclude that this case is moot.1 The Presidential Electors sued the Department under 42 U.S.C. § 1983. App. at 17-19. They seek nominal damages, a declaration that Colorado Revised Statute § 1-4-304(5) is unconstitutional, and a finding that their constitutional rights were violated. Id. at 19. As the majority explains, the Presidential Electors lack standing to pursue prospective relief. See Maj. Op. at 911-12. But an award of damages is…

2Cases cited24 opinions

  1. Will v. Michigan Department of State PoliceSupreme Court of the United States · 1989
  2. Arbaugh v. Y & H Corp.Supreme Court of the United States · 2006
  3. Bell v. HoodSupreme Court of the United States · 1946
  4. Lexmark Int'l, Inc. v. Static Control Components, Inc.Supreme Court of the United States · 2014
  5. Arizonans for Official English v. ArizonaSupreme Court of the United States · 1997

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