Cite as: 531 U. S. 510 (2001)
Opinion of the Court
lar to Article VIII on the ground that negative ballot designations "place an undue influence on the legislator to vote in favor of term limits rather than exercise his or her own independent judgment as is contemplated by Article V." 996 F. Supp., at 916; see 996 F. Supp., at 920.7 Accordingly, the court permanently enjoined petitioner from enforcing §§ 15 through 19 of Article VIII.
The United States Court of Appeals for the Eighth Circuit affirmed.8 Like the District Court, it found that Article VIII "threatens a penalty that is serious enough to compel candidates to speak—the potential political damage of the ballot labels"; "seeks to impose an additional qualification for candidacy for Congress and does so in a manner which is highly likely to handicap term limit opponents and other labeled candidates"; and "coerce[s] legislators into proposing or ratifying a particular constitutional amendment" in violation of Article V. 191 F. 3d 911, 918, 924, 925 (1999). The Court of Appeals also observed that, contrary to the Speech or Debate Clause in Art. I, § 6, cl. 1, of the Federal Constitution, Article VIII "establishes a regime in which a state officer—the secretary of state—is permitted to judge and punish Members of Congress for their legislative actions or positions." 191 F. 3d, at 922.9
7 See League of Women Voters of Me. v. Gwadosky, 966 F. Supp. 52 (Me. 1997); Donovan v. Priest, 326 Ark. 353, 931 S. W. 2d 119 (1996).
8 While the appeal was pending, respondent Gralike withdrew from the 1998 election and respondent Harmon, a nonincumbent candidate in the 2000 Republican congressional primary in the Seventh District of Missouri, intervened as an appellee. In view of Harmon's participation, there is no contention that this case is moot. See Storer v. Brown, 415 U. S. 724, 737, n. 8 (1974).
9 Although Judge Hansen, dissenting in part, thought that §§ 17 through 19 should be severed, leaving the rest of Article VIII intact, the majority declined to do so. 191 F. 3d, at 926, n. 12. Petitioner does not contend here that any parts of Article VIII should be severed if found unconstitutional, but rather urges us to uphold the provision "in its entirety." Reply Brief for Petitioner 1-2.
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