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STUDENTS FOR A CONSERVATIVE AMERICA v. GREENWOOD

No. 03-15199.

391 F.3d 978 (2004)

STUDENTS FOR A CONSERVATIVE AMERICA; Matthew Cox; Colleen McLaughlin; Dan Burkhart, Plaintiffs-Appellants, 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, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 11, 2004.

Amended December 9, 2004.

Attorney(s) appearing for the Case

James Bopp, Jr., Bopp, Coleson & Bostrom, Terre Haute, Indiana, for the plaintiffs-appellants.

Christopher M. Patti, University of California, Oakland, California, for the defendants-appellees.

Before SCHROEDER, Chief Judge, TASHIMA, and RAWLINSON, Circuit Judges.

ORDER

The Opinion filed on August 11, 2004, is amended as follows: on slip opinion, page 11083 replace the first paragraph with the following language:

We do not, however, address that issue, as this appeal is currently moot. Mootness is a flexible justiciability doctrine that allows review "if there are present effects that are legally significant." Jacobus v. Alaska, 338 F.3d 1095, 1104 (9th Cir.2003). "[W]e have...

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