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| | “[A] case challenging a statute, executive order, or local ordinance usually becomes moot if the challenged law has expired or been repealed.” ''Spell v. Edwards'', 962 F.3d 175, 179 (5th Cir. 2020). | | “[A] case challenging a statute, executive order, or local ordinance usually becomes moot if the challenged law has expired or been repealed.” ''Spell v. Edwards'', 962 F.3d 175, 179 (5th Cir. 2020). |
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| | + | ====Voluntary-Cessation Exception==== |
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| | + | There is a voluntary-cessation exception that requires courts to examine defendant-induced mootness cautiously. See ''Yarls v. Bunton'', 905 F.3d 905, 910 (5th Cir. 2018). Generally, voluntary conduct does not moot a case unless the defendant demonstrates that “it is absolutely clear that the allegedly wrongful behavior could not reasonably be expected to recur.” ''Freedom from Religion Found., Inc. v. Abbott'', 58 F.4th 824, 833 (5th Cir. 2023) (quoting ''Sossamon v. Lone Star State of Tex.'', 560 F.3d 316, 325 (5th Cir. 2009), aff’d on other grounds sub nom. ''Sossamon v. Texas'', 563 U.S. 277 (2011)); ''Franciscan All., Inc. v. Becerra'', 47 F.4th 368, 376 (5th Cir. 2022). “Essentially, the goal is to determine whether the defendant’s actions are ‘litigation posturing’ or whether the controversy is actually extinguished.” Yarls, 905 F.3d at 910. |
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| | + | But when governmental officials (rather than individual defendants) voluntarily cease possibly wrongful conduct, courts “presume[] that [government] actors, as public representatives, act in good faith.” ''Freedom from Religion Found., Inc.'', 58 F.4th at 833. And “[w]ithout evidence to the contrary, [courts] assume that formally announced changes to official governmental policy are not mere litigation posturing.’” ''Sossamon'', 560 F.3d at 325. “Among other things, the government’s ability to reimplement the statute or regulation at issue is insufficient to prove the voluntary-cessation exception.” ''Freedom from Religion Found., Inc.'', 58 F.4th at 833. |
| | [[Category:Civil Procedure]] | | [[Category:Civil Procedure]] |
| | [[Category:Jurisdiction]] | | [[Category:Jurisdiction]] |
| | [[Category:Standing]] | | [[Category:Standing]] |