Wednesday, December 6, 2023

Acheson decided

SCOTUS on Tuesday decided Acheson Hotels v. Laufer, one of our argument cases. The Court dismissed the case as moot and vacated the lower-court judgment; the opinion is short (3+ pages). Of note are the concurrences--Justice Thomas argues that "testers" lack standing. Justice Jackson questions how routinely (if not automatically) the Court vacates lower-court judgments when cases become moot on appeal; she makes some interesting points about why lower-court decisions should survive even if mootness prohibits appeal.