Mootness [Justiciability Doctrine [4/5]]

Question 1

Mootness

Answer 1

Live controversy must exist through all stages of litigation

Question 2

Once a case becomes moot –>

Answer 2

All lower court proceedings unusually vacated as well

Question 3

Vacatur

Answer 3

“It is vacated.”

A rule or order that sets aside a judgment or annuls a proceeding

Once a case becomes moot, not only does it cast to proceed, but all prior lower court proceedings usually will be erased as well. THUS, if the facts/events giving rise to mootness occur during appeal, the case usually will be remanded to the federal district court with instructions to vacate its judgment.

Question 4

Azar v. Garza

Answer 4

ORR prohibits shelter personnel from taking any action that facilitates an abortion without approval. Doe’s guardian filed class action on behalf of Doe and others. Court ruled in Doe’s favor.

Supreme Court vacated and remanded for dismissal.
- When “a case from a court in the federal system… has become moot while on way to Supreme Ct, it;s established practice is to reserve or vacate the judgment below to remand with a direction to dismiss

Doe’s individual claim - the only claim addressed by the D.C. Circuit – became moot after the abortion.

Question 5

Exceptions / Variations

Answer 5

NOT moot:
1. Wrong “capable repitition, yet evading review”
Cases will not be deemed moot if there are categorized as “capable of repetition yet evading review” as where:
- 1. The challenged acrion is of such a short duraction that full judicial consideration is not likely as a practical matter [as with pregnancy/abortion]
- 2. There is a reasonable exceptation that the same complaining party will be subjected to the same action again.

2. Collateral Consequences / Injuries: The plaintiff’s primary injury has ended, but there is a secondary injury which continues.
   - when a change in law or facts ends a significant aspect of the controversy between partied, by where there remains some residual aspect of the dispute that a judicial remedy may address, the collaterall consequence doctrine applies
   - Example: where there is a reversal of a conviction after sentence has been served, the case may be considered moot. However, collateral consequences of conviction affecting the right to vote, hold office, employment, etc, which might be addressed by overturning the conviction, may not render the case moot.
3. Voluntary cessation of activity by defendant.
   - If defendant agrees to stop challenged activity, but is completely free to return, does NOT make the case moot [unless there is a fair assurance that such action will not resume once the case is dismissed.]
4. Class Actions
   - If a class is certified and the case becomes moot as to the named representative, the action will not be deemed moot if there remains a live controversy between any member of the plaintiff class and the defendant
   - If a district ct refuses to certify the class + the case becomes moot re: the named representative will be permitted to appeal the certification refusal

Question 6

US v. Sanchez-Gomez

Answer 6

Consitutional challenge to the use of shackles restraints in plaintiffs’ respective cases, and to the restrain policy.

9th circuit- before ct could issue decision, their underlying criminal cases came to an end via guilty pleas

Ct of Appeals concluded - claims were not moot. unserstood “main dispute” to be a challenge to policy itself, not just how it applies to respondents. Held: this Ct’s civil class action precedents kept the case alive, even thoufh respondents were no longer subject to the restraint policy.

Supreme Ct disagreed
- Sosna held that when the claim of the named plaintiff becomes moot after class certification, a “live controversy mat continue to exist” based on the ongoing interest of the remaining unnamed class members.
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