Michigan Bell Telephone Company v. United States

I am able to agree with the majority on neither the threshold issue of mootness nor the merits of this case. I respectfully dissent.

The majority concedes that this case is moot, yet proposes to consider this appeal as coming within the “capable of repetition yet evading review” exception to the mootness doctrine. While the facts of this case are capable of repetition, they will not necessarily keep evading review. A stay by the district court or a Judge of this Court, as well as a contempt citation, could preserve an actual controversy for review in a future case. Thus this case does not come…