Appellate Law

CA1: A reported judgment in a kosher habeas case where claim is mooted

By S. COTUS

Guzzi v. Thompson, No. 07-1537.   This judgment was dated on the 14th, but wasn't made public, it seems.  Since the parties agree that the decision should be dismissed as moot because the state stopped doing what it was doing (not giving a non-Jew kosher meals).  Decision below can be found here.  But, the First, in the judgment adds some other stuff:

• The decision on vacatur rests in the equitable discretion of this court. While mootness alone does not ordinarily give rise to vacatur, we have recognized that vacatur "may be appropriate where mootness arises . . . through the unilateral action of the party prevailing below." ...
• We find that the equitable considerations favor vacatur of the action.
• As in Wal-Mart and Kerkhof, vacating the judgment preserves the ability of both sides to litigate complex issues, here under the Religious Freedom Restoration Act.
• As well, federalism concerns support dismissal.

Full post as published by Appellate Law and Practice on May 23, 2008 (boomark / email).