CrabcakesAndFootball
Active Member
- Jun 14, 2017
- 697
Roe v Wade was moot too. Time to strike back
So if I am in NYC and I am going to FL on vacation, would this allow me to take my gun?
I'll be curious what Clement has to say about this.
Technically this is only proposed rulemaking which means the final rule could be very different.
Hopefully Clements can shoot enough holes in their plea to prevent a dismissal.
Voluntary Cessation
If a defendant voluntarily terminates the allegedly unlawful conduct after the lawsuit has been filed but retains the power to resume the practice at any time, a federal court may deem the case nonmoot. The "heavy burden" of persuading the court that a case has been mooted by the defendant's voluntary actions lies with the party asserting mootness, and the standard for such a determination is a "stringent" one: "if subsequent events ma[ke] it absolutely clear that the allegedly wrongful behavior [can] not reasonably be expected to recur." This exception is supported by the Supreme Court because, in addition to ensuring that the defendant is not "free to return to his old ways," there is "a public interest in having the legality of the practices settled."
So the NYCrown is offering the peasants a few crumbs? That's mighty white of them.
Voluntary Cessation
If a defendant voluntarily terminates the allegedly unlawful conduct after the lawsuit has been filed but retains the power to resume the practice at any time, a federal court may deem the case nonmoot.25 The "heavy burden" of persuading the court that a case has been mooted by the defendant's voluntary actions lies with the party asserting mootness, and the standard for such a determination is a "stringent" one: "if subsequent events ma[ke] it absolutely clear that the allegedly wrongful behavior [can] not reasonably be expected to recur."26 This exception is supported by the Supreme Court because, in addition to ensuring that the defendant is not "free to return to his old ways," there is "a public interest in having the legality of the practices settled."27
Didn't Jersey swear they would change or have a state-level loss they used to claim a SC cert petition was moot, then immediately went back to the same ol' crap once cert was denied? Might have been Drake?