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

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.