In Re One2One Communications, LLC

I agree wholeheartedly with the majority’s equitable mootness analysis, which we are compelled to undertake under our controlling precedent. I write separately, however, because I do not believe we should persist in our failed attempts to cabin this legally ungrounded and practically unadministrable “judge-made abstention doctrine.” In re Semcrude, L.P., 728 F.3d 314, 317 (3d Cir.2013). Rather, the time has come to reconsider whether it should exist at all, and, if we conclude it should, to reform it substantially.

Although we adopted equitable mootness en banc in In re Continental Airlines,…