In early December 2023, the U.S. Supreme Court handed down the term’s first opinion in an argued case in Acheson Hotels, LLC v. Laufer. What could have been a watershed standing decision wound up being a dud: In a brief opinion, the Court held that the case was moot.
More interesting, though, was Justice Ketanji Brown Jackson’s opinion concurring in the judgment. She wrote separately to critique the Court’s Munsingwear rule of vacating lower-court judgments that become moot while on appeal. And her separate writing offers three tips for written advocacy.