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Kristin Keehan and Stephen Miller, Cozen O'Connor Kristin Keehan and Stephen Miller, Cozen O’Connor

The Constitution permits judges to adjudicate only actual, ongoing cases or controversies. A case can become “moot,” even on appeal, when the issues litigated are no longer in dispute—for example, when a challenged law is repealed. However, there are exceptions to the mootness doctrine. For example, a government entity’s voluntary cessation of challenged activity will only result in a dismissal for mootness if there is no reasonable expectation that the challenged violation will resume. That is the issue in New York State Rifle and Pistol Association v. City of New York, a case currently before the U.S. Supreme Court.

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