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- The Yale Law Journal - Forum: The Point Isnt Moot: How Lower Courts . . .
Should government defendants be able to more easily moot a case than private defendants? This Essay argues that a strong voluntary-cessation doctrine is important to protecting individual rights and explains why—based on both precedent and policy—government and private defendants should be subject to the same strict standard
- Legislative Amendment and Mootness under the Second Amendment
Moreover, the Supreme Court precedent invoked in both dissenting opinions for the proposition that government defendants must satisfy a “formidable burden” to prove mootness via voluntary cessation of challenged conduct—the Court’s recent decision in FBI v Fikre—feels inapposite in key respects
- The Government Cant Evade Lawsuits by Strategically Mooting Cases . . .
The voluntary cessation doctrine ensures that defendants cannot avoid a judgment on the merits by strategically mooting a case
- Far from a “Moot” Issue: Addressing the Growing . . . - Iowa Law Review
As its name implies, the voluntary cessation exception applies when a defendant ceases its challenged conduct but would be free to return to the conduct after the Court ruled the case as moot In this instance, the Court will refuse to find the case moot, unless the defendant can prove that it cannot return to the challenged conduct—a high
- No. 18-280 In the Supreme Court of the United States
Becket has no interest in the underlying merits of this case Becket is concerned, however, that the argu-ment offered in respondents’ suggestion of mootness— that “a governmental defendant’s change in law [falls] beyond the reach of the voluntary cessation doctrine,” (at 18)—would arm governmental defendants with a powerful new tool for frustrating constitutional rights Our
- Symposium: So what exactly are the parties still fighting about in . . .
That’s so for a couple of reasons For one, government defendants are repeat litigants who live perpetual lives, giving them more incentive than private actors to engage in the sort of strategic-mooting behavior that the voluntary-cessation doctrine is designed to prevent
- Liberty University Law Review
As a result, when the voluntary cessation doctrine is applied against government defendants, the doctrine is severely stripped of its utility, and a recent example of this is New York State Rifle Pistol Association v
- Mootness Madness: The Government’s Favorite Underhanded Litigation Tool . . .
Voluntary cessation may also provide grounds for a federal court to deny a motion to dismiss on mootness grounds The voluntary cessation document holds, essentially, that a party should not be allowed to moot a case by choosing to stop violating the law solely to avoid an adverse ruling
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