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Culture War Roundup for the week of March 17, 2025

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I don’t recall offhand any historical precedent where executive branch officials have embarked on such an audacious action to anticipatorily stymie the proper functioning of a federal court—let alone to do so in the midst of a judicial hearing.

Various litigants do this do this literally all the time. Biden's DOJ mooted various COVID litigation by recsinding the order before the Supreme Court could rule on it (Payne v. Biden, Biden v. Feds for Medical Freedom, and Kendall v. Doster).

Maybe it's a bad thing, but "I can't recall offhand at all" when it happened multiple times in the last decade is completely retarded.

Mooting a case by voluntarily ceasing to do the thing litigated against is legally dubious, but it is very different from doing the thing before (or, in this case, during) the hearing and claiming the case is moot because it can't be undone.

The tactic is so common it has a latin phrase -- fait accompli. This doesn't mean it's good, but it is certainly not unprecedented in the slightest.

fait accompli

It's French, for all that I know. But I also don't speak Latin, so maybe it's the same there?

What about mooting a case where you mandated a bunch of people take a vaccine, after your mandate has caused most of them to do so. And now it's moot because you no longer mandate it but those that took it under compulsion can't un-take it?

[ FWIW, I'm extremely pro-vaccine, I was like first in line at our FEMA site to get it from the national guard. This isn't an object-level anti-vax take]