4th circuit decision

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  • JohnnyE

    Ultimate Member
    MDS Supporter
    Jan 18, 2013
    9,466
    MoCo
    IIRC one of the criteria in selecting the plaintiff for the school desegregation case that ultimately became Brown vs. Board of Education of Topeka, was that the Brown family had enough children well spaced out in age so that the case would not become moot before it could run through the courts.
     

    press1280

    Ultimate Member
    Jun 11, 2010
    7,878
    WV
    IIRC one of the criteria in selecting the plaintiff for the school desegregation case that ultimately became Brown vs. Board of Education of Topeka, was that the Brown family had enough children well spaced out in age so that the case would not become moot before it could run through the courts.

    That may have been a mistake on plaintiffs part. Perhaps they should have shuttled in more 18 year olds when the original plaintiffs were turning 20?
     

    delaware_export

    Ultimate Member
    Apr 10, 2018
    3,144
    So, to the legal eagles, how does this decision, and subsequent ?mooting? Due to the fact that the plaintiff is now over 21 square with Rittenhouse and now being over 18?

    The legal gymnastics seem interesting. And obviously .gov/.judicial will surely promote the double standard.

    When someone ages out in our favor, la vie. But age out when we want to punish you..never…
     

    jcutonilli

    Ultimate Member
    Mar 28, 2013
    2,474
    So, to the legal eagles, how does this decision, and subsequent ?mooting? Due to the fact that the plaintiff is now over 21 square with Rittenhouse and now being over 18?

    The legal gymnastics seem interesting. And obviously .gov/.judicial will surely promote the double standard.

    When someone ages out in our favor, la vie. But age out when we want to punish you..never…

    They are two different issues. The 4th circuit issue is a current issue for people 18-20. It is not an issue for people 21+. In order for the court to rule there needs to be a current issue. If there are no plaintiffs that are between 18-20 then there is nothing for the court to rule on as there is no real issue before the court.

    With Rittenhouse, the current issue is whether a past event violated the law. The circumstances of whether a the past event violated the law do not change so you cannot age out of past events.

    You cannot really punish the government for a past event in the same way you can with a person. The only real remedy is to correct current issues, which is why things are different.
     

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