20 F.4th 157
4th Cir.2021Background
- Lighthouse Fellowship Church sued Governor Ralph Northam (official capacity) in April 2020, challenging Executive Orders 53 and 55 (10-person cap on gatherings; stay-at-home order) as discriminating against religious exercise.
- Lighthouse held a 16-person service on April 5, 2020; the pastor received a criminal citation (later nolle prosequi).
- Virginia issued a phased reopening that, beginning May 29, 2020, provided specific exceptions and capacity rules for religious services; all COVID-19 executive orders terminated when the state of emergency ended on July 1, 2021.
- The district court dismissed Lighthouse’s complaint under Rule 12(b)(1) as barred by the Eleventh Amendment; Lighthouse appealed.
- On appeal the Fourth Circuit concluded the case is moot, rejected the asserted mootness exceptions, vacated the district court judgment, and remanded with instructions to dismiss as moot without reaching sovereign-immunity merits.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the case is moot after the challenged EOs expired and the state of emergency ended | The controversy remains live because the Governor could reinstate similar restrictions; exceptions to mootness apply | The challenged orders and all COVID-19 EOs expired; termination of the state of emergency forecloses recurring conduct | Moot — no live controversy; case dismissed as moot |
| Applicability of the "voluntary cessation" mootness exception | Northam could voluntarily reinstate restrictions; therefore cessation is not necessarily permanent | Governor cannot issue COVID-19 EOs absent a new emergency declaration; past easing reflected changed circumstances, not litigation-driven cessation | Exception inapplicable — not "absolutely clear" conduct couldn’t recur; factual record shows no reasonable expectation of reinstatement |
| Applicability of the "capable of repetition yet evading review" exception | EOs were short-lived (~30 days) and could reoccur, so litigation could evade review | There is no reasonable expectation Lighthouse will face the same orders again given the end of the state of emergency and subsequent rules exempting religion | Exception inapplicable — no reasonable expectation of recurrence; thus moot for this reason too |
| Whether the district court correctly dismissed on Eleventh Amendment grounds | (Implicit) merits relief sought against Governor in official capacity; sovereign immunity not addressed on appeal | Governor argued sovereign immunity; but argued Court should find mootness first | Not addressed — Fourth Circuit vacated and remanded for dismissal as moot and did not reach Eleventh Amendment issue |
Key Cases Cited
- Friends of the Earth, Inc. v. Laidlaw Envtl. Servs. (TOC), Inc., 528 U.S. 167 (2000) (case-or-controversy; mootness and voluntary cessation standard)
- Roman Catholic Diocese of Brooklyn v. Cuomo, 141 S. Ct. 63 (2020) (COVID-19 restrictions and mootness analysis where reclassification made recurrence likely)
- Fed. Election Comm'n v. Wis. Right to Life, Inc., 551 U.S. 449 (2007) (elements of "capable of repetition yet evading review")
- Incumaa v. Ozmint, 507 F.3d 281 (4th Cir. 2007) (voluntary cessation exception discussion)
- Am. Fed. of Gov't Employees v. Office of Special Counsel, 1 F.4th 180 (4th Cir. 2021) (mootness where defendant withdrew guidance due to changed circumstances, not litigation avoidance)
- Pashby v. Delia, 709 F.3d 307 (4th Cir. 2013) (factual inquiry into likelihood of recurrence when voluntary cessation asserted)
- Deal v. Mercer Cnty. Bd. of Educ., 911 F.3d 183 (4th Cir. 2018) (similar inquiry and circumstances where recurrence was likely)