The Oyez Project Virtual Tour of the Supreme Court Building

Abstract

Argument: Wednesday, December 4, 1996
Decision: Monday, March 3, 1997
Issues: Judicial Power, Mootness

Advocates

Robert H. Pohlman (Argued the cause for the respondents)
Barnaby W. Zall (Argued the cause for the petitioners)

Facts of the Case

Maria Kelly F. Yniguez, an Arizona state employee, sued the state and various state officials alleging provisions of the state constitution, which declare English "the official language of the State," and allow state residents and businesses to bring suit to enforce the article, violate the Free Speech Clause of the First Amendment. Yniguez used both English and Spanish in her work and feared that the article would require her to face discharge or other discipline if she did not refrain from speaking Spanish while serving the state. The District Court dismissed the case against the state because of its Eleventh Amendment immunity, but held the article on English unconstitutional. The Court of Appeals accepted the case after Yniguez resigned and ultimately affirmed the District Court's ruling that the article violated the Free Speech Clause and announced that Yniguez was entitled to damages from the state.

Question

Was a challenge to a state's efforts to make English its official language a justiciable controversy after the state employee who mounted the challenge left her government job?

Conclusion

No. In a unanimous decision, announced by Justice Ruth Bader Ginsburg, the Court held that the dispute was moot due to the previous resignation of Yniguez. The Court did not rule on the constitutionality of the article.

Supreme Court Justice Opinions and Votes (by Seniority)

Sort by Ideology
(More information here)
Decision: 9 votes for Arizona, 0 vote(s) against
Voted with the majority
Rehnquist
Voted with the majority
Stevens
Voted with the majority
O'Connor
Voted with the majority
Scalia
Voted with the majority
Kennedy
Voted with the majority
Souter
Voted with the majority
Thomas
Wrote the majority opinion
Ginsburg
Voted with the majority
Breyer
Full Opinion by Justice Ruth Bader Ginsburg

Cite this page

The Oyez Project, Arizonans for Official English v. Arizona, 520 U.S. 43 (1997),
available at: <http://www.oyez.org/cases/1990-1999/1996/1996_95_974/>
(last visited ).