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Roberts Accuses Supreme Court Justices Of 'Turning Judges Into Advice Columnists'




In his dissent, Roberts noted that there "are just a few problems" with the students' desire to continue their lawsuit.

"The challenged restrictions no longer exist," he said. "And [the students] have not alleged actual damages."

The case, he added, is therefore moot because there is no live pending legal question.

If nominal damages, "no matter how trivial," can preserve a case as live in the courts after all the significant issues have been disposed of — and when, as here, the award of that nominal amount "does not change [the students'] status or condition" — all that has changed is that the award "represents a judicial determination" that the students were right.

And that, Roberts said, would turn U.S. courts into something the founders specially rejected — a body rendering "advisory opinions."

I find I agree with Justice Roberts.

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