Tuesday, November 10, 2026

For Monday, November 16

Tuesday audio. Double session on Monday--11:05-12:20; 12:30-1:45. I will get argument assignments at the beginning of class; please talk with your colleagues before class.

We will have a few final words about Mootness. How do political considerations affect justiciability? How does justiciability function as a tool of constitutional avoidance? What happens if a district court enters a judgment, then the case becomes moot while on appeal?

Prep all of Abstention; we will cover all or most of that in the two Monday sessions. Read the Pfander sections on Pullman and equitable restraint; we will do a brief overview of them.

Paper Schedule: We will finish Mootness Monday and papers will be due on Monday, November 23 (final class). If we finish Abstention Monday, those papers will be due on Monday, November 23; if not, those papers will be due when you arrive for oral arguments on December 17. Congressional Control papers will be due when you arrive for oral arguments on December 17.