Gordon v. National Archives and Records Administration
258 F. Supp. 3d 23
| D.D.C. | 2017Background
- Pro se plaintiff Asa Gordon, D.C. voter and advocacy director, sued NARA and two officials seeking declaratory and injunctive relief about how Electoral College votes are allocated.
- Gordon contends eleven states do not require winner-take-all allocation and that the Fourteenth Amendment (§2) requires proportional allocation by popular vote.
- He asked NARA to notify state governors/electors of this view and to reject Certificates of Vote that use winner-take-all allocations.
- Gordon moved for emergency relief in January 2017; the TRO was denied as moot and the preliminary injunction remained pending.
- Defendants moved to dismiss for lack of Article III standing; the Court considered prior, similar suits Gordon filed.
- The Court dismissed the complaint with prejudice for lack of standing (injury-in-fact and causation) and denied the preliminary injunction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Article III — injury‑in‑fact | Gordon says the winner‑take‑all practice in 11 states dilutes votes nationwide and injures him as a voter. | Defendants say Gordon, a D.C. voter, is not directly harmed by other states' allocation choices. | No injury: Gordon lacks a concrete, particularized injury because he does not vote in the challenged states. |
| Article III — causation / traceability | Gordon seeks relief against NARA to force compliance and Certificate rejections, asserting NARA actions cause the injury. | Defendants say states and state officials independently decide allocation; NARA only performs ministerial tasks and cannot change state law. | No causation: Injury (if any) is traceable to third‑party state actions, not defendants; thus relief cannot redress the alleged harm. |
Key Cases Cited
- Lujan v. Defenders of Wildlife, 504 U.S. 555 (standing requires concrete, particularized, and redressable injury)
- Steel Co. v. Citizens for a Better Env't, 523 U.S. 83 (jurisdiction must be decided before merits)
- Simon v. E. Kentucky Welfare Rights Org., 426 U.S. 26 (causation requires injury fairly traceable to defendant, not independent third parties)
- Gordon v. Biden, [citation="364 F. App'x 651"] (D.C. Cir. 2010) (affirming dismissal for lack of standing in similar Electoral College challenge)
- Gordon v. Haas, 828 F. Supp. 2d 13 (D.D.C. 2011) (dismissing related suit for lack of standing)