Medynski v. Margolis

SPOTTSWOOD W. ROBINSON, III, Circuit Judge

(concurring):

I am in full agreement with the result the court reaches. My reasons differ significantly, however. Consequently, I set forth my views separately, addressing first the mootness issue1 and then the constitutional questions.2

I. MOOTNESS

My colleagues hold that the case is not moot because the precipating incident is “capable of repetition, yet evading review,” 3 and because collateral consequences of an adjudication of mental illness will continue to plague Ms. Medynski.4 I cannot accept either of these claims as a basis for holding, as the…