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Missing The Mark: Nysrpa As A Vehicle To Clarify Inconsistencies In Mootness Doctrine, Leila Hatem

Duke Journal of Constitutional Law & Public Policy Sidebar

Federal mootness doctrine is far more confusing than helpful. Riddled with inconsistent jurisdictional outcomes, mootness doctrine lacks a unitary theoretical approach. This confusion results because the Court has historically characterized elements of the doctrine as either prudential or constitutional. Because the Court has reached the merits of otherwise moot claims, its doctrine is neither completely prudential nor constitutional. Rather, it is a messy hodge-podge of both.

This Note analyzes New York State Riffle & Pistol Association, Inc. v. The City of New York (“NYSRPA”) in light of this dichotomous framework and assesses how the opinion engages with the …

California V. Texas: The Denouement Of The Affordable Care Act's Legal Challenges?, Rachel Sereix

Duke Journal of Constitutional Law & Public Policy Sidebar

In February of 2018, Texas and nineteen other states filed suit against the federal government seeking to have the entire ACA struck down. In the consolidated case California v. Texas, the Court is considering four questions: First, whether Texas and the individual plaintiffs have standing to challenge the individual mandate; Second, whether the Tax Cut and Jobs Act renders the individual mandate unconstitutional; Third, whether the rest of the ACA can stand even if the mandate is unconstitutional; Finally, if the entire ACA is found invalid, whether the Act should be unenforceable nationwide or whether it should only be unenforceable …