ArtIII.S2.C1.1.7.3.3.1 Exceptions to Mootness: Introduction

Article III, Section 2, Clause 1:

The Judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;—to all Cases affecting Ambassadors, other public Ministers and Consuls;—to all Cases of admiralty and maritime Jurisdiction; to Controversies to which the United States shall be a Party;—to Controversies between two or more States; between a State and Citizens of another State; between Citizens of different States,—between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.

Significantly, the Court has recognized several exceptions to the general mootness principles discussed above. These exceptions are known as the voluntary cessation doctrine1 and the capable of repetition, yet evading review exception.2 The Court has also developed special mootness principles that govern criminal cases3 and class action cases.4

Footnotes

  1.  Jump to essay-1See infra ArtIII.S2.C1.1.7.3.3.2Exceptions to Mootness: Voluntary Cessation Doctrine.
  2.  Jump to essay-2See infra ArtIII.S2.C1.1.7.3.3.3Exceptions to Mootness: Capable of Repetition, Yet Evading Review.
  3.  Jump to essay-3See infra ArtIII.S2.C1.1.7.3.3.4Exceptions to Mootness in the Criminal Context.
  4.  Jump to essay-4See infra ArtIII.S2.C1.1.7.3.3.5Special Mootness Rules in the Class Action Litigation Context.