But Doug, the relied requested was simply the ability to compete for the grant without the church disqualification -- and they've now received precisely that. It's also not simply a policy change -- it is, presumably, a conclusion that they are *legally required *not to exclude the church.
Yes, it is true that if the agency gives the $$ to TLC, there might well be a state-court lawsuit by a taxpayer--one that might one day reach the SCOTUS. But why does that possibility make *this* case -- between the church and the agency -- justiciable, when both of those parties (there is no "other side") agree that the church should be eligible to compete, *and *the church is receiving the requested relief? On Tue, Apr 18, 2017 at 4:32 PM, Laycock, H Douglas (hdl5c) < hd...@virginia.edu> wrote: > Giving the church the tires or the money would moot the case. But so far, > they have only announced a policy change, and that does not moot the > case—especially where, as here, the other side has a plausible claim and > could immediately sue the state officials to prevent them from granting the > money or the tires and to force them to reverse the policy change. A > decision to that effect could be reviewed in a different lawsuit, but that > is always true in voluntary cessation cases. If the policy is ever > reversed, the court could decide about it then. But the voluntary cessation > doctrine says that the plaintiff who has gotten this far is entitled to a > decision now, in this case. > > > > Douglas Laycock > > Robert E. Scott Distinguished Professor of Law > > University of Virginia Law School > > 580 Massie Road > > Charlottesville, VA 22903 > > 434-243-8546 <(434)%20243-8546> > > > > *From:* religionlaw-boun...@lists.ucla.edu [mailto:religionlaw-bounces@ > lists.ucla.edu] *On Behalf Of *Marty Lederman > *Sent:* Tuesday, April 18, 2017 3:31 PM > *To:* Law & Religion issues for Law Academics <religionlaw@lists.ucla.edu> > *Subject:* Is Trinity Lutheran Church moot? > > > > Answer: Probably, but it may depend upon some still-uncertain facts: > > > > https://balkin.blogspot.com/2017/04/is-trinity-lutheran- > church-case-moot.html > > _______________________________________________ > To post, send message to Religionlaw@lists.ucla.edu > To subscribe, unsubscribe, change options, or get password, see > http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw > > Please note that messages sent to this large list cannot be viewed as > private. Anyone can subscribe to the list and read messages that are > posted; people can read the Web archives; and list members can (rightly or > wrongly) forward the messages to others. >
_______________________________________________ To post, send message to Religionlaw@lists.ucla.edu To subscribe, unsubscribe, change options, or get password, see http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw Please note that messages sent to this large list cannot be viewed as private. Anyone can subscribe to the list and read messages that are posted; people can read the Web archives; and list members can (rightly or wrongly) forward the messages to others.
