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Second Circuit Review: Determining Mootness of COVID-Era Executive Orders

October 27, 2021

Litigation of counsel Martin Flumenbaum and firm chairman Brad Karp’s latest Second Circuit Review column, “Determining Mootness of COVID-Era Executive Orders,” appeared in the New York Law Journal on October 27. The authors discuss four recent rulings in which the court evaluated whether certain COVID-era restrictions were moot on the basis of whether those restrictions were likely to be imposed again in the future. The varying decisions illustrate that, in examining the mootness of executive orders made in response to ever-evolving public emergencies, the court is required to engage in some speculation about the future and court decisions can depend largely on timing. Litigation associate Michael Donohue assisted in the preparation of this column.

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