Complex SCOTUS Move Gets Rid of Anti-Gay T-shirt Case

[ArtSpitzer at aol.com]

In a message dated 3/5/07 3:38:06 PM, stcynic at crystalauto.com writes:
       I'm confused by this ruling. 


The Supreme Court's order only instructs the court of appeals "to dismiss the 
appeal as moot." (Emphasis added.)    The appeal was apparently only from the 
district court’s denial of petitioner’s (plaintiff's) motion for a 
preliminary injunction.   The request for an injunction is moot because the plaintiff 
graduated.   But Prof. Friedman's blog says that the compliant also   sought 
damages; that claim could not be rendered moot by the plaintiff's graduation and 
presumably remains pending in the district court, where it will still require 
a decision on the merits, unless the case settles.

What confuses me, though, is that the Supreme Court's order states that "The 
district court, however, has now entered final judgment dismissing petitioner’
s claims for injunctive relief as moot."   Ordinarily, a district court could 
not enter a "final judgment" unless it dispopsed of all claims against all 
parties.   I wonder if the district court here entered a partial final judgment 
under the special procedure of Rule 54(b), or if someone (the district judge, 
the Supreme Court, Prof. Friedman, me) is just confused?

Art Spitzer
Washington DC






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