Joseph W. Wade v. Walter T. Mosley, New York Secretary of State, et al.
SocialSecurity DueProcess JusticiabilityDoctri
Whether under 42 U.S.C. § 1983, Article III standing requires proof of different final outcomes or is differential treatment sufficient for state officials in official capacity
1) Under 42 U.S.C. § 1983, against state officials in ‘official capacity, ’ does Article III standing require proof that the final outcome of a ‘discrete governmental decision ’ would be different if-not-butfor a ‘race and sex conscious technical framework, ’ or is it sufficient to show an existence of ‘differential treatment ’ and an ‘inability to compete on equal footing ’ if-iiot-but-for a ‘race and sex conscious technical framework? ’ 2) Does a prayer for “compensatory relief ’ exclude all viable remedies in law and equity under § 1983, against state officers in ‘official capacity? ’