Here We Go Again: The Supreme Court Considers Whether to Further Narrow the Law of Personal Jurisdiction

LAURA DOOLEY, RODGER CITRON

Laura Dooley and Rodger D. Citron—both law professors at Touro College, Jacob D. Fuchsberg Law Center—comment on two consolidated cases pending before the U.S. Supreme Court that present questions of the exercise of personal jurisdiction. Dooley and Citron summarize the facts and procedural history of each case, analyze the issues raised by the defendant, and consider how the recent death of Justice Ruth Bader Ginsburg might affect the Court’s decision.

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Empower Texans, Inc. v. Geren

Docket: 19-50577

Opinion Date: October 5, 2020

Judge: Leslie Southwick

Areas of Law: Constitutional Law

After the Chairman refused to issue media pass cards to certain individuals that would have given them access to the floor of the House chamber, the individuals and their employer filed suit alleging constitutional violations. The Fifth Circuit held that exceptional circumstances justifying a court's moving beyond actual mootness will be less likely found when the party seeking review failed to utilize the procedures that had been available. A party seeking to continue litigation after time has run out should not be allowed to do so when it failed to use the time it had. The court applied these considerations to this appeal and held that this case has become moot and is not saved by the exception for cases capable of repetition, yet evading review. Therefore, the court lacked authority to review the legislative-immunity issue. The court explained that Empower did not utilize the opportunities it had in its first suit, and thus cannot complain that the dispute has evaded review. In this case, although Empower requested credentials before the Regular Session of the 86th Texas Legislature began, the House Business Office's requests for more information and Empower's responses delayed a decision. Therefore, the court vacated and remanded to the district court for the suit to be dismissed.