In Gun Owners of America, Inc. v. U.S. Dep’t of Justice, No. 24-1881 (6th Cir. Oct. 30, 2025), the Sixth Circuit holds that the possibility that a new U.S. Administration in 2029 might not be a sympathetic to gun rights as the current one did not warrant an exception to mootness in a challenge toContinue reading “The Prospect of a New, Future Administration in the White House Does Not Rescue a Gun-Rights Case from Mootness, Holds Sixth Circuit”
Tag Archives: Capable of Repetition But Evading Review
Fifth Circuit Panel Splits Three Ways on Effect of Cessation of Navy COVID-19 Vaccine Mandate on Appellate Jurisdiction
Other federal courts of appeals have had little difficulty concluding that the end of the military’s COVID-19 vaccine mandate – as legislated in the James M. Inhofe National Defense Authorization Act (NDAA) in 2022 –renders moot all pending litigation concerning injunctive relief from the rule. Just yesterday, the Tenth Circuit in Robert v. Austin, No.Continue reading “Fifth Circuit Panel Splits Three Ways on Effect of Cessation of Navy COVID-19 Vaccine Mandate on Appellate Jurisdiction”
Decennial Redistricting Mooted Six-Year-Old Constitutional Challenge to Petition Requirement, Holds Seventh Circuit
In Gill v. Linnabary, No. 22-1653 (7th Cir. Mar. 22, 2023), the Seventh Circuit dismisses as moot a challenge first filed in 2016 that challenged the Illinois ballot access rules to run for Congress as an independent. “The Illinois Election Code sets forth certain nomination requirements for independent candidates to appear on the general electionContinue reading “Decennial Redistricting Mooted Six-Year-Old Constitutional Challenge to Petition Requirement, Holds Seventh Circuit”
Poky Litigants Cannot Make Use of “Capable of Repetition, Yet Evading Review” Exception to Mootness, Holds Fifth Circuit
In Empower Texans, Inc. v. Geren, No. 19-50577 (5th Cir. Oct. 5, 2020), a Fifth Circuit panel holds that a lawsuit mooted by the end of a legislative session could not be revived by the “capable of repetition, yet evading review” exception where the plaintiffs supposedly didn’t move fast enough to vindicate their rights. DefendantContinue reading “Poky Litigants Cannot Make Use of “Capable of Repetition, Yet Evading Review” Exception to Mootness, Holds Fifth Circuit”
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