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Litigation
: How AppealingNow-vindicated previously dissenting judge of the day
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Now-vindicated previously dissenting judge of the day: On April 13, 2006, the following post appeared at this blog:Payback is ... an obstacle to mootness: Today the majority on a divided three-judge panel of the U.S. Court of Appeals for the Seventh Circuit reverses the dismissal on mootness grounds of a taxpayer's establishment clause challenge to a grant of money by the Secretary of Education to the University of Notre Dame to be used for a program called Alliance for Catholic Education. Circuit Judge Richard A. Posner wrote the majority opinion, in which Circuit Judge Terence T. Evans joined. Circuit Judge Diane S. Sykes dissented, writing that she would affirm the district court's dismissal for mootness.Now, two years, six months, and one day later, following a GVR from the U.S. Supreme Court, that same three-judge panel has unanimously joined in an opinion written by Circuit Judge Sykes dismissing the case as moot.
Full post as published by How Appealing on October 14, 2008 (boomark / email).
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