Ron Teague v. Arkansas Board of Education
720 F.3d 973
| 8th Cir. | 2013Background
- Parents sought to transfer their white children from Malvern to Magnet Cove under the 1989 Act's race-based limit §6-18-206(f)(1).
- District court held the 1989 Act unconstitutional and found the entire act nonseverable, entering judgment against the statute.
- In 2013, the Arkansas General Assembly repealed the 1989 Act with the Public School Choice Act of 2013, replacing it with a broad race-neutral transfer regime.
- The 2013 Act took effect upon the Governor's approval and authorized transfers with new procedures and retention rights, potentially rendering 2010 applications moot.
- The district court’s mootness posture and the parties’ briefing prompted the court to consider whether the repeal moots the suit and whether any exceptions to mootness apply.
- The Eighth Circuit vacated the district court’s decision and remanded to dismiss as moot, concluding that the 2013 Act fully moots the claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does the 2013 Act moot the Parents' claims? | 2013 Act preserves only exemptions at districts; dispute remains live. | Repeal of the 1989 Act fully moots the claims. | Moot; claims dismissed. |
| Does the expiration of the 2013 Act affect mootness and potential future reenactment? | Expiration signals potential reenactment of race-based limits; keeps case alive. | No evidence of intent to reenact race-based limits; mootness survives. | Mootness sustained; no live controversy. |
Key Cases Cited
- Parents Involved in Community Schools v. Seattle School District No. 1, 551 U.S. 701 (S. Ct. 2007) (constitutional analysis under equal protection for race-based transfers)
- Lewis v. Continental Bank Corp., 494 U.S. 472 (U.S. 1990) (cases proceed through all stages; mootness principles apply throughout)
- Already, LLC v. Nike, Inc., 133 S. Ct. 721 (S. Ct. 2013) (mootness where changed circumstances provide relief)
- Camreta v. Greene, 131 S. Ct. 2020 (S. Ct. 2011) (vacatur and avoidance of advisory opinions; protective finality in mootness)
- McCarthy v. Ozark School Dist., 359 F.3d 1029 (8th Cir. 2004) (voluntary cessation and mootness exceptions analyzed)
- City of Mesquite v. Aladdin's Castle, Inc., 455 U.S. 283 (U.S. 1982) (voluntary cessation does not defeat mootness absent recurrence likelihood)
- Valero Terrestrial Corp. v. Paige, 211 F.3d 112 (4th Cir. 2000) (changes in law that discontinue challenged practice usually moot)
- U.S. Bancorp Mortgage Co. v. Bonner Mall Partnership, 513 U.S. 18 (S. Ct. 1994) (settlement mootness implications; vacatur not required)