569 F. App'x 525
9th Cir.2014Background
- Plaintiffs are a certified Arizona residents/class members and AHCCCS enrollees challenging increased copayments in Arizona's Medicaid demonstration project.
- Plaintiffs sought review of the district court's dismissal as moot of their claims.
- The challenged program provided healthcare benefits to individuals not otherwise covered by Arizona's Medicaid plan.
- The Arizona demonstration program and its administrative record expired on October 21, 2011, removing the possibility of effective relief.
- The court discusses mootness and the capable-of-repetition exception to the mootness doctrine, applying governing Ninth Circuit standards.
- The court concludes the case is moot because a new demonstration project and its administrative record now govern copayments.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the case is moot due to expiration of the program | Plaintiffs argue ongoing live controversy exists. | Defendants contend the action is moot as the challenged record is inoperative. | Moot; no live controversy remains. |
| Whether the capable-of-repetition exception applies | Plaintiffs assert repeated challenges to similar records may recur. | Defendants argue repetition is unlikely given a new project and record. | Exception does not apply; cannot be repeated to evade review. |
Key Cases Cited
- Grand Canyon Trust v. U.S. Bureau of Reclamation, 691 F.3d 1008 (9th Cir. 2012) (mootness principles guide whether relief is available when records no longer in effect)
- Northwest Research & Information Center v. Nat’l Marine Fisheries Serv., 56 F.3d 1060 (9th Cir. 1995) (capable-of-repetition exception to mootness requires short duration and likely repetition)
- Alaska Fish & Wildlife Fed’n v. Dunkle, 829 F.2d 933 (9th Cir.1987) (recognizes capable-of-repetition concept for mootness)
- Greenpeace Action v. Franklin, 14 F.3d 1324 (9th Cir. 1992) (describes duration and repetition requirements for capable-of-repetition mootness)
- Biodiversity Legal Found. v. Badgley, 309 F.3d 1166 (9th Cir. 2002) (affirms durational requirement for mootness exception)