Capable of Repetition Yet Evading Review

Basic Idea: some injuries are so short in duration that they are always over before a federal lawsuit can be completed.

  • Ex 1: In Roe v. Wade, the Court found that Roe's case was not moot—even though she had already had her child—because pregnancy is something that can be repeated; however, when suits regarding legal injuries suffered in pregnancy reach the relevant court, the pregnancy is usually completed.
    • If the Court dismissed for mootness, then every pregnancy-based claim would be moot and constantly evade review.
  • Ex 2: In Moore v. Ogilvie, the Court found that legal injuries suffered during or regarding elections, too, are things that are capable of repetition, yet evading review.
  • Ex 3: However, in DeFunis v. Odegaard, the Court found that the issue there was moot because he was able to attend law school at the University of Washington, and he was able to enjoy the benefits of the school—even if he was discriminated against.