Webster v. Mesa

521 F.2d 442 John M. WEBSTER, Appellant, v. Tomas R. MESA, Jr., Executive Director of the Elections Commission, Territory of Guam, and the Elections Commission, Territory of Guam, Appellees. No. 74-2750. United States Court of Appeals, Ninth Circuit. Aug. 1, 1975. John M. Webster (argued), in pro. per. Harold Haefer, Asst. Atty. Gen. (argued), Agana, Guam, for appellees. OPINION Before BARNES, KILKENNY, and GOODWIN, Circuit Judges. ALFRED T. GOODWIN, Circuit Judge: 1 John M. Webster, who was barred from the 1974 legislative primary ballot by the Director of Elections of Guam, brought this action for injunctive and declaratory relief under 48 U.S.C. § 1421b(u), an act of Congress making available to residents of Guam the Equal Protection Clause of the Fourteenth Amendment. 2 While the completion of the election makes injunctive relief moot, declaratory relief is still available. The question otherwise would be " capable of repetition, yet evading review." Roe v. Wade, 410 U.S. 113, 124-125 , 93 S.Ct. 705, 713 , 35 L.Ed.2d 147 (1973). 3 Webster complains that section 2916 1 of the Govt.Code of Guam deprives him of equal protection because, Inter alia, the nominating petitions…