This educational guide is based on the linked primary sources. It is not a Court publication, is not affiliated with the Court, and is not legal advice.
In brief
Overview
Petitioners are former students of Georgia Gwinnett College who wished to exercise their religion by sharing their faith on campus while enrolled there.
The Eleventh Circuit held that a request for nominal damages alone could not by itself establish standing.
The Supreme Court held that an award of nominal damages by itself can redress a past injury.
Because nominal damages are in fact damages paid to the plaintiff, they affect the behavior of the defendant toward the plaintiff and thus independently provide redress.
Background and question before the Court
Petitioners are former students of Georgia Gwinnett College who wished to exercise their religion by sharing their faith on campus while enrolled there.
The Eleventh Circuit held that a request for nominal damages alone could not by itself establish standing.
The Court was asked whether an award of nominal damages by itself can redress a past injury.
What each side argues
Petitioners' Position
Petitioners argue that Georgia Gwinnett officials stopped them from sharing their faith, causing concrete injuries and the loss of the opportunity to speak their message to peers.
Petitioners contend that nominal damages are the appropriate remedy for past harms, satisfying Article III and vindicating the plaintiff through an enforceable judgment.
Respondents' Position
Respondents argue that courts have deemed it harmless error not to award nominal damages when there is no likelihood of future harm.
According to Respondents, respondents emphasize that failing to award nominal damages is an error even though there is no likelihood of future harm.
According to Respondents, respondents assert that the central issue is whether nominal damages can redress past injuries, not whether they avoid mootness.
Mr. Pinson's Position
Mr. Pinson says the plaintiff has proved a legal violation but is entitled to zero compensation, making any award merely symbolic.
Ms. Waggoner's Position
Ms. Waggoner argues that partial redress is still redress, and the Court has repeatedly upheld this rule.
What happened at oral argument
Justice Thomas asked whether awarding only nominal damages undermines the requirement that an injury be real and substantial.
Justice Breyer asked whether the Court is giving advisory opinions about statutes.
Justice Alito asked for clarification on what it means to vindicate a constitutional right that was violated.
Justice Gorsuch asked why the client does not seek more than a dollar when they initially had a compensatory claim.
Justice Kavanaugh asked whether nominal damages could lead to attorney’s fees.
Justice Kavanaugh asked what the problem is with the approach of awarding nominal damages.
Justice Kavanaugh asked whether attorney’s fees would provide an incentive for plaintiffs to continue litigating even without other relief.
Justice Barrett asked whether the petitioners have suffered such a slight injury.
- [1] 9d1826baa82eb51b2beb-r1-2ff1619251b5c5f1.pdf, p. 9
- [2] 9d1826baa82eb51b2beb-r1-2ff1619251b5c5f1.pdf, p. 10
- [3] 9d1826baa82eb51b2beb-r1-2ff1619251b5c5f1.pdf, p. 12
- [4] 9d1826baa82eb51b2beb-r1-2ff1619251b5c5f1.pdf, p. 20
- [5] 9d1826baa82eb51b2beb-r1-2ff1619251b5c5f1.pdf, p. 47
- [6] 9d1826baa82eb51b2beb-r1-2ff1619251b5c5f1.pdf, p. 85
- [7] 9d1826baa82eb51b2beb-r1-2ff1619251b5c5f1.pdf, p. 86
- [8] 9d1826baa82eb51b2beb-r1-2ff1619251b5c5f1.pdf, p. 92
What the Court decided
The Court held that an award of nominal damages by itself can redress a past injury.
The Court explained that nominal damages affect the behavior of the defendant toward the plaintiff and thus independently provide redress.
Why it matters
Terms to know
No glossary terms are available for this guide.
Primary sources
Read the source materials on the official site or open the immutable repository copy used for this guide.
- 3794152e45ce27459519-r1-370f9dc1eff8638d.pdfopinion
- 9d1826baa82eb51b2beb-r1-2ff1619251b5c5f1.pdforal argument transcript
Guide generated September 28, 2026. Automated validation accepted this version.