descrybe logo
You are viewing a free summary from Descrybe.ai. For citation checking, legal issue analysis, and other advanced tools, explore our Legal Research Toolkit — not free, but close.

Students for a Conservative America Matthew Cox Colleen McLaughlin Dan Burkhart v. M.R.C. Greenwood, in Her Official Capacity as Chancellor of the University of California Santa Cruz (Ucsc) Francisco Hernandez, in His Official Capacity as Vice Chancellor of Student Affairs at Ucsc Matthew Jones, in His Official Capacity as Chair of the Ucsc Student Union Assembly (Sua) & Member of the Sua Elections Commission Sharhonda Bossier, in Her Official Capacity as Ucsc Sua Elections Commissioner Susie Vilayvanh, in Her Official Capacity as Ucsc Sua Elections Commissioner

Citations: 391 F.3d 978; 2004 U.S. App. LEXIS 25264; 2004 WL 2813623Docket: 03-15199

Court: Court of Appeals for the Ninth Circuit; December 8, 2004; Federal Appellate Court

Narrative Opinion Summary

The case involves an appeal by Students for a Conservative America and individual plaintiffs against M.R.C. Greenwood and other officials of the University of California Santa Cruz regarding the 2002 student election at UCSC. The Ninth Circuit Court, after reviewing the appeal, concluded that the issue raised was moot. The court noted that the injunctive relief sought concerning the 2002 election was no longer relevant because the elected student leaders had completed their terms by June 30, 2003. Additionally, the election code in question had been revised, making it unlikely that the provisions the plaintiffs objected to would be reinstated. The court emphasized its independent duty to assess mootness and stated that the plaintiffs' concerns did not meet the criteria of being "capable of repetition yet evading review." Consequently, the court ordered that the mandate be issued immediately.

Legal Issues Addressed

Capable of Repetition Yet Evading Review

Application: The court assessed the plaintiffs' concerns and determined they did not meet the criteria of being 'capable of repetition yet evading review,' reinforcing the mootness of the case.

Reasoning: The court emphasized its independent duty to assess mootness and stated that the plaintiffs' concerns did not meet the criteria of being 'capable of repetition yet evading review.'

Immediate Issuance of Mandate

Application: Given the mootness of the case, the court ordered that its mandate be issued immediately to conclude the proceedings.

Reasoning: Consequently, the court ordered that the mandate be issued immediately.

Injunctive Relief

Application: The court found that the injunctive relief sought was no longer applicable due to the completion of the elected student leaders' terms and changes to the election code.

Reasoning: The court noted that the injunctive relief sought concerning the 2002 election was no longer relevant because the elected student leaders had completed their terms by June 30, 2003.

Mootness Doctrine

Application: The court determined that the case was moot because the student leaders had completed their terms and the election code had been revised, making the relief sought no longer relevant.

Reasoning: The Ninth Circuit Court, after reviewing the appeal, concluded that the issue raised was moot.