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SCOTUS Holds, In A Footnote, That The "Capable Of Repetition, Yet Evading Review" Doctrine Can Apply Even When Plaintiff Does Not Seek A Preliminary Injunction
reason.com/volokh/2025/07/06/scotus-holds-in-a-footnote-that-the-capable-of-repetition-yet-evading-review-doctrine-can-apply-even-when-plaintiff-does-not-seek-a-preliminary-injunctionThere is an exception to the mootness doctrine, known as "Capable of repetition, yet evading review." The most prominent example of this doctrine occurs in abortion cases. A pregnancy lasts about nine months, while a challenge to an abortion restriction lasts much longer. The courts have…
This story appeared on reason.com, 2025-07-06 19:42:35.