Imprudent Mootness: Why Federal Appellate Courts Should Abandon the Doctrine of Prudential Mootness

Cooper C. Millhouse

A growing number of federal appellate courts have embraced the doctrine of prudential mootness: Though a suit is not constitutionally moot, the court may dismiss an appeal as prudentially moot if the court is not confident the plaintiff remains in need of judicial relief. This doctrine not only conflicts with courts’ constitutional and statutory authority but represents an unwise exercise of judicial discretion. Each exercise of prudential mootness requires appellate courts to act on insufficient information, dismissing legitimate appeals without reaching the merits. Because prudential mootness is unfounded and unwise, federal appellate courts should reject or abandon the doctrine.