Ohio Right to Life Society v. Ohio Elections Commission: State of Ohio’s motion to dismiss

Mar 8, 2010

Defendants file this brief and ask the Court to dismiss this matter for lack of subject matter jurisdiction on the following grounds: (1) the Eleventh Amendment to the United States Constitution bars the Court from issuing declaratory or injunctive relief against a State when the relief operates only retrospectively, Green v. Mansour, 474 U.S. 64 (1982); Ex Parte Young, 209 U.S. 123 (1908); and (2) Plaintiff’s claims for relief are moot because there is no longer any live dispute between the parties.

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