063014P.pdf   08/23/2007  MO Protection  v.  Robin Carnahan
   U.S. Court of Appeals Case No:  06-3014
   U.S. District Court for the Western District of Missouri - Jefferson City   
   [PUBLISHED] [Chief Judge Loken, Author, with O'Connor, Associate
   Justice (Ret.), and Gruender, Circuit Judge]
   Civil Case - constitutional law. District court did not err in denying
   Eleventh Amendment immunity to Attorney General in challenge to the
   disqualification of persons under court-ordered guardianship from voting
   under the Missouri Constitution. Individual plaintiff's full guardianship
   order expressly preserved his right to vote, and thus he cannot assert
   violation of equal protection clause by denying right to vote. MOPAS
   lacks standing to challenge facial attack on constitutional provision based
   on its association standing. No individual ward with the specific claim
   based upon a particular incapacity was present in the law suit. 
   Individual's as-applied claim in now moot, based on correction of
   mistaken disqualification of his right to vote. Disability claims fail
   because prohibition is not categorical and MOPAS lacks associational
   standing to assert statutory claims.