Repealing A Law Moots Challenges To It, 9th Circ. Says

Law360 (November 8, 2019, 6:16 PM EST) -- Court challenges to laws become moot when the laws gets repealed, the Ninth Circuit has ruled in a published opinion.

The Ninth Circuit's ruling, reached by the full, 11-judge court, tosses a challenge to a Nevada law affecting contractors and benefit plans.

Going forward, judges should assume that cases challenging laws must stop when the law is repealed, the Ninth Circuit added in Thursday's opinion, which was authored by Chief U.S. Circuit Judge Sidney R. Thomas.

"In determining whether a case is moot, we should presume that the repeal, amendment, or expiration of legislation will render an action challenging the legislation moot,...

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