Legal Opinion
Brian Moore v. Delbert Hosemann
Court of Appeals for the Fifth Circuit
Decided December 18, 2009No. 09-60272, 09-60424PublishedCited by 52 opinions
1Opinion of the Court
JERRY E. SMITH, Circuit Judge:
Brian Moore sued the Mississippi Secretary of State (the “Secretary”) after being left off that state’s 2008 presidential ballot. The district court dismissed the suit as moot and denied Moore’s motion for costs and fees under Federal Rule of Civil Procedure 4(d)(2). We reverse the dismissal and remand because, although the case is not moot, we must abstain. Moore’s challenge, like many election disputes, is based on an interpretation of uncertain state law, which should be resolved at the state level before we consider wading into a constitutional thicket. We…
2Cases cited17 opinions
- Will v. Michigan Department of State PoliceSupreme Court of the United States · 1989
- Railroad Comm'n of Tex. v. Pullman Co.Supreme Court of the United States · 1941
- United States Parole Commission v. GeraghtySupreme Court of the United States · 1980
- Southern Pacific Terminal Co. v. Interstate Commerce CommissionSupreme Court of the United States · 1911
- Storer v. BrownSupreme Court of the United States · 1974
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3Cited by52 opinions
- David Wilson v. Gerald BirnbergCourt of Appeals for the Fifth Circuit · 2012
- Texas Democratic Party v. Greg Abbott, GoveCourt of Appeals for the Fifth Circuit · 2020
- Shawn Stauffer v. Marna GearhartCourt of Appeals for the Fifth Circuit · 2014
- Catholic Ldrship Coaltn of TX v. David ReisCourt of Appeals for the Fifth Circuit · 2014
- Gordon Justice, Jr. v. Delbert Hosemann, etCourt of Appeals for the Fifth Circuit · 2014
47 more not listed; retrieve them via the Exa API.