The Supreme Court should adhere to its long standing voluntary cessation guidelines, as applied to governments, which overrides any suggestion of mootness.
Refer to the scholarly article above for history and details. The article is drawn from the entity’s amicus curiae brief in the case.
It is interesting to note that what New York City is attempting was tried on numerous occasions by southern States. Changing or repealing racist laws to prevent or impede judicial review. The Supreme Court saw through their bad faith and created the voluntary cessation doctrine.
New York City vigorously defended their law at the District Court and Second Circuit. But like the southern States half a century ago, they changed their laws in bad faith in an attempt to impede judicial review. The Supreme Court, as it did in the civil rights cases, should invoke the voluntary cessation doctrine, ignore the suggestion of mootness and proceed to decide this case on its merits.