arizonans official english et al arizona et argued december decided march held case moot retained adjudication merits vacates ninth circuit judgment remands case directions action dismissed district expresses view correct interpretation article xxviii measure constitutionality pp grave doubts exist standing petitioners aoe park pursue appellate review article iii case controversy requirement standing defend appeal place original defendant demands litigant possess direct stake outcome diamond charles petitioners primary argument initiative proponents quasi legislative interest defending measure successfully sponsored dubious elected state legislators authorized state law represent state interests see karcher may furthermore never identified initiative proponents article iii qualified defenders cf bankrupt washington committee continental nat bank trust chicago assertion representational associational standing also problematic absent concrete injury confer standing upon aoe members right see food commercial workers brown group absent anything article xxviii state citizen suit provision support standing arizona residents general aoe particular defend article constitutionality federal nevertheless need definitively resolve standing aoe park proceed assumes standing arguendo order analyze question mootness occasioned originating plaintiff yniguez departure state employment see burke barnes pp yniguez longer satisfies case controversy requirement case moot qualify case fit federal adjudication actual controversy must extant stages review merely time complaint filed preiser newkirk although yniguez viable claim outset litigation resignation public sector employment pursue work private sector speech governed article xxviii mooted case stated complaint cf boyle landry contrary ninth circuit ruling implied plea nominal damages ninth circuit approved state arizona revive case actions lie state michigan dept state police arizona permitted participate appeal intervenor attorney general party subject obligation pay damages state cooperation yniguez waiving eleventh amendment immunity recreate live case controversy fit federal adjudication johnson pp civil case becomes moot pending appellate adjudication established practice federal system reverse vacate judgment remand direction dismiss munsingwear disarmed course state attorney general failure petition certiorari obligation inquire authority decide questions presented consider also authority lower courts proceed even though parties prepared concede bender williamsport area school ninth circuit refused stop adjudication learned mooting event yniguez departure public employment unwarranted en banc judgment must set aside district judgment saved entry occurrence mooting event governor refusal appeal aoe park arguable basis seeking appellate review moreover state attorney general renewed certification plea motion intervene litigation demonstrate pursuing right defend article xxviii constitutionality mooting event occurred disclosure event ninth circuit warranted mootness disposition stopped endeavor justified vacation district judgment extraordinary course litigation federalism concern next considered lead conclusion vacatur line equitable solution pp taking account novelty question article xxviii meaning potential importance conduct arizona business state attorney general views subject least partial agreement views article sponsors respectful consideration given attorney general requests seek certification authoritative construction article state anticipatory relief sought federal state statute respect place federal system calls close consideration question whether conflict avoidable federal courts well equipped rule state statute constitutionality without controlling interpretation statute meaning effect state courts see poe ullman harlan dissenting certification saves time energy resources helps build cooperative judicial federalism see lehman brothers schein contrary ninth circuit suggestion decisions require condition precedent certification concession attorney general article xxviii unconstitutional construed yniguezcontended moreover improperly blended abstention certification found unique circumstances rather simply novel unsettled state law question necessary federal courts may employ certification arizona ruiz state question article xxviii mean spoken adjudication remaining federal constitutional question may greatly simplifie see bellotti baird pp vacated remanded ginsburg delivered opinion unanimous notice opinion subject formal revision publication preliminary print reports readers requested notify reporter decisions wash ington typographical formal errors order corrections may made preliminary print goes press arizonans official english robert park petitioners arizona et al writ certiorari appeals ninth circuit march justice ginsburg delivered opinion federal courts lack competence rule definitively meaning state legislation see reetz bozanich may adjudicate challenges state measures absent showing actual impact challenger see golden zwickler ninth circuit case hand lost sight limitations initiating plaintiff maria kelly yniguez sought federal resolution novel question compatibility federal constitution amendment arizona constitution declaring english official language state arizona language government functions actions ariz art xxviii participants federal litigation proceeding without benefit views arizona expressed diverse opinions meaning amendment yniguez commenced maintained suit individual class representative state employee time filed complaint yniguez voluntarily left state employ allege seek return public post departure position private sector made herclaim prospective relief moot nevertheless ninth circuit held plea nominal damages read yniguez complaint save case therefore pressed ultimate decision three judge panel appeals declared article xxviii unconstitutional divided en banc adhered panel position ninth circuit warrant proceed case lost essential elements justiciable controversy retained adjudication merits appeals therefore vacate ninth circuit judgment remand case directions action dismissed district express view correct interpretation article xxviii measure constitutionality arizona ballot initiative established english official language state passed november margin one percentage point measure became effective december arizona state constitution article xxviii among key provisions article declares specified exceptions state shall act english language ariz art xxviii enumerated exceptions concern compliance federal laws participation certain educational programs protection rights criminal defendants crime victims protection public health safety final provision article xxviii grants standing person residing business thestate bring suit enforce th article state reasonable limitations legislature may enact federal litigation challenging constitutionality article xxviii commenced two days ballot initiative passed november maria kelly yniguez insurance claims manager arizona department administration risk management division sued state arizona district district arizona yniguez invoked basis suit soon lawsuit commenced yniguez added defendants individual official capacities arizona governor rose mofford arizona attorney general robert corbin director arizona department administration catherine eden yniguez brought suit individual never sought designation class representative fluent english spanish yniguez engaged primarily handling medical malpractice claims state daily service public spoke english persons spoke language spanish persons spoke language combination english spanish persons able communicate languages record doc statement stipulated facts filed yniguez feared article xxviii instruction act english read broadly govern job performance every time something see record doc believed lose job face sanctions immediately refrain speaking spanish serving state see app second amended complaint yniguez asserted article xxviii violated first fourteenth amendments constitution title vi civil rights act stat requested injunctive declaratory relief counsel fees relief deems proper circumstances app defendants named yniguez complaint moved dismiss claims asserted state arizona asserted immunity suit eleventh amendment individual defendants asserted absence case controversy none ha threatened yniguez concerning use spanish performance job duties ever told use spanish work record doc defendants urged novel state law questions concerning meaning application article xxviii tendered first state courts see trial merits yniguez complaint parties agreed combined hearing motion preliminary injunction trial occurred state attorney general january released opinion construing article xxviii explaining found measure constitutional app opinion attorney general said obligation read article xxviii whole line portions arizona constitution constitution federal laws app article xxviii requires performance official acts government english attorney general view government employees remained free use languages facilitate delivery governmental services construction word act used article xxviii mean official ac government attorney general asserted raise serious questions compatibility federal state equal protection guarantees federal civil rights legislation february two weeks release attorney general opinion parties filed statement stipulated facts reported governor mofford opposition ballot initiative intention nevertheless comply article xxviii expectation state service employees comply measure see record doc stipulation confirmed view parties efficient operation administration state enhanced permitting state service employees communicate citizens state languages english citizens proficient english particular parties recognized yniguez use language english course performing government business contributes efficient operation administration state stipulation referred attorney general january opinion recounted since passage article xxviii none yniguez supervisors ha ever told change cease prior use spanish performance duties district heard testimony two days february april disposed case opinion judgment filed february yniguez mofford supp prior final decision dismissed state arizona asa defendant accepting state plea eleventh amendment immunity see yniguez second amended complaint filed february accordingly named defendants governor attorney general director department administration see app district determined first among named defendants governor official capacity proper party attorney general district found authority arizona law enforce provisions like article xxviii state employees director governor hand authority enforce state laws rules state service employees nothing record district said showed director undertaken threatened undertake action adverse yniguez left governor mofford attorney general ha formally interpreted article xxviii imposing restrictions yniguez continued use spanish course official duties indeed three named defendants mofford well corbin eden see supra ha stated record yniguez may continue speak spanish without fear official retribution governormofford therefore reiterated yniguez faced actual threatened injury attributable arizona executive branch officer hence presented genuine case controversy see ibid district singled stipulations governor mofford intends comply article xxviii expects state service employees comply article xxviii record doc see yniguez proved right governor wrong breadth article xxviii district concluded yniguez vulnerable governor pledge enforce compliance article see ibid proceeding merits district found article xxviii fatally overbroad measure district read merely direction official acts english attorney general opinion maintained instead according district article xxviii imposed sweeping ban use language english arizona officialdom limited exceptions district adverted attorney general confining construction found unpersuasive opinion district observed merely advisory binding importantly district concluded attorney general interpretation simply odds article xxviii plain language ibid view article xxviii text left room moderate restrained interpretation led district decline allow arizona courts initial opportunity determine scope article xxviii district ultimately dismissed parties save yniguez governor mofford official capacity declared article xxviii unconstitutional violative first fourteenth amendments denied yniguez request injunctionbecause ha established enforcement threat sufficient warrant relief postjudgment motions followed sparked governor mofford announcement pursue appeal see app attorney general renewed request certify pivotal state law question correct construction article xxviii arizona see record doc also moved intervene behalf state pursuant order contest appeal district declaration provision arizona constitution violated federal constitution record doc nos two newcomers also appeared district judgment arizonans official english committee aoe robert park chairman aoe invoking rule federal rules civil procedure aoe park moved intervene defendants order urge appeal constitutionality article xxviii app aoe unincorporated association principal sponsor ballot initiative became article xxviii aoe park alleged support intervention motion interest aoe members enforcement articlexxviii governor mofford unwillingness defend measure appeal responding motion governor mofford confirmed wish appeal objection attorney general intervention pursue appeal state representative pursuit appeal party see record doc yniguez expressed reservations proceeding ha suit employer obtained relief counsel noted record doc transcript proceeding motion intervene motion alter amend judgment march litigation goes forward yniguez counsel told district guess counsel added might yniguez best interest stopped right ibid district agreed opinion filed april district denied three postjudgment motions yniguez mofford certification inappropriate district ruled light prior rejection attorney general narrow reading article xxviii see attorney general intervention application district observed addresses actions state agency officer employee thereof party see quoting yniguez action fit description district said state officers defendants sole defendants yniguez complaint named governor mofford remained party throughout district proceedings state lost opportunity defend constitutionality article xxviii appeal district reasoned governor mofford determine state sovereign interests best served foregoing appeal ibid turning intervention motion district observed first movants failed file pleading setting forth ir claim defense required rule ibid deficiency critical district said ibid insurmountable hurdle article iii standing labor resources aoe spent promote ballot initiative suffice establish standing sue defend federal tribunal district held park aoe member qualify party status district ruled interests voters favored initiative general meet traditional standing criteria addition district satisfied aoe park tenably assert practical impairment interests stemming precedential force decision nonparticipants federal litigation face issue preclusion lower federal judgment binding state courts district noted thus aoe park precluded federal declaration pursuing future state proceeding based article xxviii ninth circuit viewed matter standing appeal differently opinion released july yniguez arizona appeals reached conclusions aoe park met article iii requirements proceed appellants arizona attorney general however successfully moved district dismissal defendant reenter party permitted present argument regarding constitutionality article xxviii ninth circuit reported retain jurisdiction districtcourt decision merits address question whether article xxviii meaning certified definitive resolution arizona concerning aoe standing appeals reasoned arizona legislature standing defend constitutionality state statute analogy ninth circuit maintained aoe principal sponsor ballot initiative qualified defend article xxviii appeal see also hold aoe standing way legislature aoe chairman park also standing appeal according ninth circuit yniguez reasonable expectation park possibly aoe well bring enforcement action article xxviii authorizes person residing arizona sue state enforce article allowed aoe park serve appellants appeals held arizona attorney general judicial ly estoppe appearing party see also aving asked district dismiss party attorney general become one governor mofford choosing seek appeals review appeal became one neither state agency officer employee thereof party ninth circuit observed state attorney general appear pursuant see ninth circuit added confers limited right right pendent appeal make argument question article xxviii constitutionality prior ninth circuit july opinion indeed day aoe park arizona attorney general filed notices appeal development prime importance occurred april yniguez resigned state employment order acceptanother job resignation apparently became effective april arizona attorney general informed ninth circuit september suggest ing case may lack viable plaintiff hence may moot suggestion mootness nos ca affidavit exh one year later september ninth circuit rejected mootness suggestion yniguez arizona ruling adopted large part yniguez argument opposing mootness disposition see app appellee yniguez response regarding mootness considerations plaintiff may longer affected english provision appeals acknowledged nevertheless continued constitutional claims may entitle award nominal damages ibid complaint expressly request nominal damages ninth circuit noted request relief deems proper circumstances see supra thus appeals reasoned one regard district judgment including implicit denial nominal damages permit yniguez aoe clarify positions ninth circuit determined return case district ninth circuit permission aoe chairman park file notice appeal district judgment following circuit decision months earlier allowing aoe park intervene next yniguezcould cross appeal place ninth circuit explicitly issue nominal damages line ninth circuit instructions case file returned district november aoe park filed second notice appeal december app yniguez cross appealed december app ninth circuit heard argument merits may argument june ninth circuit allowed arizonans constitutional tampering aact thomas espinosa chairman aact intervene plaintiffs appellees app yniguez arizona amended aact principal opponent ballot initiative became article xxviii permitting late intervention appeals noted id rely aact standing party ibid standing pre argument participants ninth circuit view sufficed support determination merits see ibid december ninth circuit panel hadsuperintended case since affirmed judgment declaring article xxviii unconstitutional remanded case directing district award yniguez nominal damages amended despite appeals july denial party status arizona ninth circuit apparently viewed state defendant responsible damages noted state arizona expressly waived right assert eleventh amendment defense award nominal damages ninth circuit agreed rehear case en banc october vote en banc reinstated panel opinion minor alterations adopting district construction article xxviii en banc read provision prohibit use language english officers employees political subdivisions arizona performing official duties save extent may allowed use foreign language limited exceptions contained article xxviii quoting construing article xxviii sweeping scope en banc appeals condemned provision manifestly overbroad trenching untenably speech rights arizona officials public employees see prevailing action ultimately announced yniguez entitled nominal damages remand district followed en banc appeals order november awarded yniguez damages app aoe park petitioned writ ofcertiorari ninth circuit raised two questions article xxviii violate free speech clause first amendment declaring english official language state requiring english used perform official acts public employees free speech right disregard state official language perform official actions language english granted petition requested parties brief threshold matters standing aoe park proceed action defending parties yniguez continuing satisfaction case controversy requirement see app article iii constitution confines federal courts decision cases controversies standing sue defend aspect case controversy requirement northeastern chapter associated gen contractors america jacksonville standing sue diamond charles standing defend appeal qualify party standing litigate person must show first foremost invasion legally protected interest concrete particularized actual imminent lujan defenders wildlife quoting whitmore arkansas interest shared generally public large proper application constitution laws see defenders wildlife standing defend appeal place original defendant less standing sue demands litigant possess direct stake outcome diamond quoting sierra club morton internal quotation marks omitted standing article iii requires must met persons seeking appellate review must met persons appearing courts first instance diamond decision seek review placed hands concerned bystanders persons seize vehicle vindication value interests ibid citation omitted intervenor step shoes original party unless intervenor independently fulfills requirements article iii granting petition writ certiorari case called briefing question whether aoe park standing consonant article iii federal constitution defend federal constitutionality arizona constitution article xxviii petitioners argue primarily initiative proponents quasi legislative interest defending constitutionality measure successfully sponsored aoe park stress funds effort expended achieve adoption article xxviii recognized state legislators standing contest decision holding state statute unconstitutional state law authorizes legislators represent state interests see karcher may aoe members however notelected representatives aware arizona law appointing initiative sponsors agents people arizona defend lieu public officials constitutionality initiatives made law state ever identified initiative proponents article iii qualified defenders measures advocated cf bankrupt washington committee continental nat bank trust chicago summarily dismissing lack standing appeal initiative proponent decision holding initiative unconstitutional aoe also asserts representational associational standing association standing sue defend capacity however members standing right see food commercial workers brown group slip hunt washington state apple advertising requisite concrete injury aoe members apparent nonparties district aoe members bound judgment yniguez judgment slim precedential effect see supra left aoe entirely free invoke article xxviii citizen suit provision state aoe pursue whatever relief state law authorized discern anything flowing article xxviii citizen suit provision authorizes suits enforce article xxviii state support standing arizona residents general aoe particular todefend article constitutionality federal thus grave doubts whether aoe park standing article iii pursue appellate review nevertheless need definitively resolve issue rather follow path taken inquire primary matter whether originating plaintiff yniguez still case pursue see burke barnes leaving unresolved question congressional standing determined case moot purposes inquiry assume arguendo aoe park standing place case appellate tribunal see stevens dissenting properly assumed standing even though matter raised serious question order analyze mootness issue may resolve question whether remains live case controversy respect yniguez claim without first determining whether aoe park standing appeal former question like latter goes article iii jurisdiction courts merits case cf bancorp mortgage bonner mall partnership qualify case fit federal adjudication actual controversy must extant stages review merely time complaint filed preiser newkirk quoting steffel thompson internal quotation marks omitted state employee subject article xxviii yniguez viable claim outset litigation late need consider whether case lost vitality january attorney general released opinion opinion construed article xxviii torequire expression official acts english leave government employees free use languages reasonably necessary fair effective delivery services public see app supra see also marston roman catholic church phoenix attorney general opinions advisory binding mean however citizens may rely good faith attorney general opinions courts yniguez left state job april take employment private sector speech governed article xxviii point became plain lacked still vital claim prospective relief cf boyle landry prospective relief denied plaintiffs failed show challenged measures adversely affected plaintiff primary conduct attorney general suggested mootness yniguez resisted ninth circuit adopted proposed method saving case see supra dispositive said thatyniguez may longer affected english provision yniguez raised response mootness suggestion possibility may seek nominal damages ibid see app appellee yniguez response regarding mootness considerations stage litigation however yniguez plea nominal damages possibility ninth circuit imagined yniguez complaint rested see supra although governor mofford official capacity sole defendant district february declaratory judgment ran see supra ninth circuit held state answerable nominal damages yniguez requested appeal see declaring yniguez entitled nominal damages prevailing action noting state arizona expressly waived right assert eleventh amendment defense award nominal damages held however actions lie state michigan dept state police thus claim relief ninth circuit found sufficient overcome mootness nonexistent barrier ninth circuit supposed eleventh amendment immunity state waive stopper creates remedy againsta state furthermore ninth circuit ruling intervention state arizona permitted participate appeal party appeals never revised ruling recapitulate july two months prior attorney general suggestion mootness appeals rejected attorney general plea party status representative state ibid ninth circuit accorded attorney general right argue constitutionality article xxviii contingent upon aoe park bringing appeal see supra see maine taylor state right urge appeal constitutionality laws contingent participation appellants aoe park however sole participants recognized ninth circuit defendants appellants attorney general ha asked district dismiss party appeals noted hence become one rule propriety ninth circuit exclusion state party note lapse accounting decision ninth circuit explain arrived conclusion intervenor designated nonparty subject nevertheless obligation pay damages true yniguez attorney general took steps ninth circuit prescribed yniguez filed cross appeal notice see supra attorney general waived state right assert eleventh amendment defense award nominal damages see earlier emphatic appeals ruling remained place state intervention although proper ninth circuit maintained gave arizona status party lawsuit see advancing cooperation yniguez attorney general regarding request agreement pay nominal damages ninth circuit home federal courts lack authority act friendly feigned proceedings cf johnson absent genuine adversary issue parties federal may safely proceed judgment clear appeals claim nominaldamages extracted late day yniguez general prayer relief asserted solely avoid otherwise certain mootness bore close inspection cf fox board trustees state univ rejecting claim nominal damages proffered save case mootness years litigation began defendants asserted qualified immunity plaintiffs complaint specifically requested monetary relief inspection ninth circuit might perceived yniguez plea nominal damages genuinely revive case civil case becomes moot pending appellate adjudication established practice fed eral system reverse vacate judgment remand direction dismiss munsingwear vacatur clears path future relitigation eliminating judgment loser stopped opposing direct review vacatur order mootness occurs happenstance circumstances attributable parties relevant unilateral action party prevailed lower bancorp mortgage cf mootness reason settlement ordinarily justify vacatur judgment review explained yniguez changed circumstances resignation public sector employment pursue work private sector mooted case stated complaint turn next effect development judgments yniguez urges vacatur occur maintains state acquiesced ninth circuit judgment event district judgment upset entered mooting event occurred properly appealed see brief respondent yniguez concerning ninth circuit judgment yniguez argues state attorney general effectively acquiesced dispositions petition review see brief amicus curiae citing diamond charles agree disarmed manner suggested taken case consideration petition certiorari filed aoe park even rule definitively aoe park lack standing obligation essentially tosearch pleadings core matters federal adjudicatory authority inquire authority decide questions petitioners present consider also authority lower courts proceed explained bender williamsport area school federal appellate special obligation satisfy jurisdiction also lower courts cause review even though parties prepared concede mitchell maurer see juidice vail standing record discloses lower without jurisdiction notice defect although parties make contention concerning lower federal lack jurisdiction jurisdiction appeal merits merely purpose correcting error lower entertaining suit statesv corrick footnotes omitted bender brackets original district judgment yniguez stresses date mooting event resignationfrom state employment effective april months february decision seeks preserve governor mofford sole defendant bound district judgment mofford declined appeal therefore yniguez contends district judgment remain untouched aoe park arguable basis seeking appellate review attorney general promptly made known independent interest defending article xxviii total demolition declared district first attorney general repeated plea certification article xxviii arizona see record doc plea failed asked motion intervene joined defendant may participate post judgment proceedings record doc although denied party status attorney general minimum right secured congress right present argument appeal question constitutionality see process pursuing right mooting event occurred already recounted course proceedings thereafter first yniguez tell appeals left state employ see supra fact disclosed attorney general dismissal mootness suggested rejected mootness disposition point order explained dismissal stopped midstream attorney general endeavor premised defend state law declaration unconstitutionality warranted path clearing vacatur decree state urges current plea vacatur compelling view extraordinary course thislitigation see brief respondents state arizona et al certainly strange doctrine permit plaintiff obtain favorable judgment take voluntary action moot dispute retain benefit agree exceptional circumstances abound case see bancorp mortgage federalism concern next consider lead us conclude vacatur line equitable solution litigation generally constitutional litigation prominently courts characteristically pause ask conflict really necessary anticipatory relief sought federal state statute respect place federal system calls close consideration core question see poe ullman harlan dissenting ormally consider constitutionality state statute absence controlling interpretation meaning effect state courts rescue army municipal los angeles shapiro jurisdiction discretion rev arizona attorney general addition releasing opinion meaning article xxviii see supra asked district appeals pause proceeding judgment specifically asked federal courts seek state certification process authoritative construction new measure arizona see supra nn certification today covers territory dominated deferral device called pullman abstention generative case railroad tex pullman designed avoid federal error deciding state law questions antecedent federal constitutional issues pullman mechanism remitted parties state courts adjudication unsettled state law issues settlement state law question prove dispositive case parties return federal decision federal issues attractive theory placed state law questions courts equipped rule authoritatively pullman abstention proved protracted expensive practice entailed full round litigation state system resumption proceedings federal see generally wright miller cooper federal practice procedure ed supp certification procedure contrast allows federal faced novel state law question put question directly state highest reducing delay cutting cost increasing assurance gaining authoritative response see note federal courts certification facial invalidation return federalism new eng rev adopted certification procedures see generally wright miller cooper supra arizona statute set supra permits state highest consider questions certified federal district courts well courts appeals lower federal courts case refused invite aid arizona found language article xxviii plain attorney general limiting construction unpersuasive see furthermore ninth circuit suggested proper price certification concession attorney general article xxviii unconstitutional construed plaintiff yniguez contended see finally ninth circuit acknowledged pendency case similar yniguez arizona system found litigation cause stay federal proceedings see supra describing ruiz litigation cautious approach order certification novel unsettled questions state law authoritative answers state highest federal may save time energy resources hel build cooperative judicial federalism lehman brothers schein see also bellotti baird warrant district certification sufficient statute susceptible interpretation avoid substantially modify federal constitutional challenge statute true ninth circuit observed decision certifying questions virginia american booksellers noted state concession statute challenged unconstitutional construed plaintiffs contended neither case declare concession condition precedent certification district appeals ruled outcertification primarily believed article xxviii fairly subject limiting construction see citing houston hill assurance lower courts reached judgment puzzling view position initiative sponsors advanced meaning article xxviii oral argument december counsel petitioners aoe park informed petitioners view attorney general reading article correct interpretation tr oral arg see response inquiry counsel petitioners stated agree attorney general opinion construction article xxviii constitutional ninth circuit found aoe explanations initiative scope confused self contradictory agree aoe wavered statements position see brief petitioners aoe may protect political statutory rights state government employees article xxviii regulates yniguez language job aoe might sue state limiting art xxviii nevertheless appeals understood ballot initiative proponents least partially endorsed attorney general reading given novelty question potential importance conduct arizona business plus views attorney general article xxviii sponsors certification requests merited respectful consideration received proceedings federal courts confronting challenge constitutionality federal statute follow cardinal principle first ascertain whether construction fairly possible contain statutewithin constitutional bounds see ashwander tva brandeis concurring ellis railway clerks califano yamasaki rescue army state courts interpreting state statutes similarly equipped apply cardinal principle see knoell cerkvenik anderson travel citing ashwander warnings premature adjudication constitutional questions bear heightened attention federal asked invalidate state law federal tribunal risks friction generating error endeavors construe novel state act yet reviewed state highest see rescue army speculation federal meaning state statute absence prior state adjudication particularly gratuitous state courts stand willing address questions state law certification federal brockett spokane arcades concurring blending abstention certification ninth circuit found unique circumstances case militating favor certification novel unsettled questions state law however unique circumstances necessary federal courts may avail state certification procedures procedures entail delays expense procedural complexity generally attend abstention decisions see supra taking advantage certification made available state may greatly simplif ultimate adjudication federal see bellotti course yniguez case complex complexity might avoided district eight years ago accepted certification suggestion made arizona attorney general arizona asked district appeals say article xxviii means state highest question ruiz symington see supra case ninth circuit considered cause federal hesitation ruiz stayed pending decision case see supra arizona may rule definitively proper construction article xxviii spoken adjudication remaining federal constitutional question may indeed become greatly simplified reasons stated judgment appeals vacated case remanded directions action dismissed district ordered appendix opinion english official language applicability section english language official language state arizona official language state english language language ballot public schools government functions actions article applies legislative executive judicial branches government ii political subdivisions departments agencies organizations instrumentalities state including local governments municipalities iii statutes ordinances rules orders programs policies iv government officials employees performance government business used article phrase state political subdivisions state shall include every entity person action item described section appropriate circumstances requiring state preserve protect enhance english section state political subdivisions state shall take reasonable steps preserve protect enhance role english language official language state arizona prohibiting state using requiring use languages english exceptions section except provided subsection state political subdivisions state shall act english language entity article applies shall make enforce law order decree policy requiresthe use language english governmental document shall valid effective enforceable unless english language state political subdivisions state may act language english following circumstances assist students proficient english language extent necessary comply federal law giving educational instruction language english provide rapid possible transition english comply federal laws teach student foreign language part required voluntary educational curriculum protect public health safety protect rights criminal defendants victims crime enforcement standing section person resides business state shall standing bring suit enforce article record state legislature may enact reasonable limitations time manner bringing suit subsection footnotes measure opposed governor sadly misdirected app drew affirmative votes arizonans casting ballots election see yniguez arizonans official english article xxviii titled english official language set full appendix opinion derived civil rights act rev stat provides relevant part civil action deprivation rights every person color statute ordinance regulation custom usage state subjects causes subjected citizen person within jurisdiction thereof deprivation rights privileges immunities secured constitution laws shall liable party injured action law suit equity proper proceeding redress arizona law state attorney general represents state federal see rev stat ann throughout proceedings state state officials represented state attorney general law department members supervision see arizona law permits state highest answer questions law certified appeals district tribal involved proceedings certifying questions arizonalaw may determinative cause pending certifying appears certifying controlling precedent decisions intermediate appellate courts state rev stat ann district december denied yniguez application temporary restraining order finding imminent danger imposition sanctions record doc specifically addressing handling customer inquiries complaints involving state local government services attorney general elaborated official documents governmental acts must english translation services accommodating communications permissible may required reasonably necessary fair effective delivery services required specific federalregulation communications elected governmental employees public large may language english principles app supplementing pleas dismiss want case controversy defendants urged attorney general opinion puts rest claim yniguez penalized state using spanish work record doc second amended complaint added another plaintiff arizona state senator jaime gutierrez senator gutierrez alleged article xxviii interfered rights communicate freely persons including residents senate district spoke languages english app district dismissed gutierrez claim ground defendants executive branch officials lacked authority take enforcement action elected legislative branch officials yniguez mofford supp gutierrez longer participant proceedings title provides action suit proceeding state agency officer employee thereof party wherein constitutionality statute state affecting public interest drawn question shall certify fact attorney general state shall permit state intervene presentation evidence evidence otherwise admissible case argument question constitutionality state shall subject applicable provisions law rights party subject liabilities party costs extent necessary proper presentation facts law relating question constitutionality remarkable passage ninth circuit addressed yniguez argument opposing intervention aoe park district judgment impediment state proceeding aoe park might wish bring judgment binding precedent arizona judiciary see appeals questioned wisdom view expressed academic literature state courts several individual justices state courts coordinate coequal lower federal courts matters federal law omitted ninth circuit acknowledged may valid reasons bind state courts decision single federal district judge even binding judge subsequent action however appellate panel added reasons inapplicable decisions federal courts appeals cf asarco kadish state courts possess authority absent provision exclusive federal jurisdiction render binding judicial decisions rest interpretations federal law lockhart fretwell thomas concurring supremacy clause require state courts follow rulings federal courts appeals questions federal law appeals found aoe park proper appellants address question whether attorney general standing appeal article iii party willing able appeal appeals assumed however whenever constitutionality provision state law called question state government sufficient interest satisfy article iii cf maine taylor intervening state standing appeal judgment holding state law unconstitutional diamond charles state standing defend constitutionality statute full text set supra original notice appeal filed april aoe park targeted district denial motion intervene see app granted intervention original notice indicated positioned file appeal judgment declaring article xxviii unconstitutional see ninth circuit made two suggestions event yniguez failed seek nominal damages new plaintiff whose claim operation english provision moot might intervene yniguez might standing remain suitor show others refrained challenging english provision reliance suit see state employee later intervened substitute yniguez yniguez endeavor show others sued relied suit march district awarded yniguez nearly attorney fees record doc governor mofford state filed notice appeal award april record doc ninth circuit ultimately affirmed district judgment merits appeals reach state defendants appeal award fees appeals contrasted virginia american booksellers certified tothe virginia questions concerning proper interpretation state statute american booksellers ninth circuit noted state attorney general conceded statute unconstitutional construed plaintiffs contended ruiz case included among several plaintiffs four elected officials five state employees defeat first instance ruiz plaintiffs prevailed arizona appeals ruiz symington wl ariz june noted evident concern ninth circuit refused abstain certify question article xxviii proper interpretation arizona although issue pending state system comity arizona intermediate appellate observed typically applies federal finds deference state issue state law proper ibid nevertheless interest uniformity discourage forum shopping arizona appeals decided defer federal litigation forgoing independent analysis ibid arizona granted review ruiz november stayed proceedings pending decision case app supplemental brief petitioners state oppose petition appearance form filed january noted grants petition reverses lower decision arizona seek reversal award attorney fees state see supra cf ins chadha ins appealed appeals ruling declined defend constitutionality one house veto provision held congress proper party defend measure validity houses resolution authorized intervention lawsuit district observed stare decisis effect ruling distinctly limited judgment binding arizona state courts foreclose rights aoe park future state proceeding arising article xxviii yniguez mofford mootness described doctrine standing set time frame requisite personal interest must exist commencement litigation standing must continue throughout existence mootness parole geraghty quoting monaghan constitutional adjudication yale yniguez counsel inform appeals yniguez departure government employment departure effective april day appeal docketed see app september state attorney general notified ninth circuit plaintiff changed circumstances see yniguez counsel offered laconic explanation lapse first legal research disclosed case moot second counsel state arizona knew resignation agreed appeal proceed app appellee yniguez response regarding mootness considerations explanation unsatisfactory duty counsel bring federal tribunal attention without delay facts may raise question mootness see board license tiverton pastore change circumstances bearing vitality case matter opposing counsel may withhold federal based counsels agreement case proceed judgment treated moot see alaska stern gressman shapiro geller practice ed state officers official capacities like amenable suit damages see michigan dept state police state officers subject liability damages personal capacities however even conduct question relates official duties hafer melo point nominal damages solution mootness surfaced case ninth circuit identify governor mofford party whose conduct predicate retrospective relief hardly surprising mofford never participated effort enforce article xxviii yniguez moreover opposed ballot initiative became article xxviii see supra associated attorney general restrained interpretation provision see supra unwilling appeal district judgment declaring article unconstitutional see supra yniguez raised possibility governor mofford individual liability doctrine ex parte young see brief respondent yniguez doctrine however permits prospective relief retrospective monetary awards see edelman jordan section terms subjects intervenor liabilities party costs required proper presentation facts law relating question constitutionality emphasis added subject intervenor liability damages available party defendant endeavoring meet live case requirement petitioners aoe park posited several controversies remaining parties reply brief petitioners tellingly none asserted controversies involved yniguez sole plaintiff prevailing party district see ibid describing aoe park adverse intervenor arizonans constitution tampering aact see supra aact adverse state aoe park adverse state bears repetition yniguez sue behalf class see supra cf preiser newkirk marshall concurring mootness determination unavoidable plaintiff respondent case lost vitality action filed behalf class sosna iowa recognizing class action exception mootness doctrine designated respondent state required specifically invited file brief answering petition appearance form filed january arizona attorney general made much plain state aligned petitioners aoe park arizona defended article xxviii constitutionality oppose certiorari event yniguez prevail arizona seek recoup attorney fees district ordered state pay see supra phrasing borrowed traynor conflict really necessary texas rev cf huggins isenbarger easterbrook concurring reasoned opinion state attorney general accorded respectful consideration federal courts hesitate conclude state executive branch understand state law arizona requires unique circumstances permits certification state highest matters may determinative cause controlling precedent apparent certifying rev stat ann