Medicine v. McCulloch

Summary

The Ninth Circuit dismissed the appeal as moot because the 2012 election had passed and the requested preliminary injunction could no longer provide relief. The court vacated the district court’s order without expressing an opinion on its merits, denied appellees’ request for damages and double costs, and stated that each side would bear its own appellate costs.

Holdings

1. The appeal was moot because the preliminary injunction sought relief only for the 2012 election, which had already passed, and the appellate court could no longer provide the requested relief.
2. The capable-of-repetition-yet-evading-review exception did not apply because plaintiffs' request for a permanent injunction remained pending in the district court, making the controversy unlikely to evade review.
3. The district court's order was vacated when the appeal was dismissed as moot.
4. Appellees were not entitled to damages and double costs under Federal Rule of Appellate Procedure 38, and each side was ordered to bear its own appellate costs.

Questions Presented

1. Whether the appeal from denial of a preliminary injunction was moot because the 2012 election had passed.
2. Whether the capable-of-repetition-yet-evading-review exception to mootness applied.
3. Whether the district court's order should be vacated after dismissal of the appeal as moot.
4. Whether appellees were entitled to damages and double costs under Federal Rule of Appellate Procedure 38.

Disposition

dismissed