2
MOORE v. HARPER
THOMAS, J., dissenting
I
Here is the case before us in a nutshell: A group of plaintiffs sued various state officials under state law. The defendants raised both state-law and federal-law defenses. In
the interlocutory judgment below, the State Supreme Court
rejected both defenses and remanded for further proceedings. We granted review to consider the defendants’ federal
defense. But then, in subsequent proceedings, the state
court revisited defendants’ alternative state-law defense
and held that it was meritorious. As a result, the court finally adjudicated the whole case in the defendants’ favor,
dismissing the plaintiffs’ claims with prejudice.
This is a straightforward case of mootness. The federal
defense no longer makes any difference to this case—
whether we agree with the defense, disagree with it, or say
nothing at all, the final judgment in this litigation will be
exactly the same. The majority does not seriously contest
that fact. Even so, it asserts jurisdiction to decide this freefloating defense that affects no live claim for relief, reasoning that a justiciable case or controversy exists as long as
its opinion can in any way “alter the presently operative
statutes of ” a State. Ante, at 7 (internal quotation marks
omitted). By its own lights, the majority “is acting not as
an Article III court,” Uzuegbunam v. Preczewski, 592 U. S.
___, ___ (2021) (ROBERTS, C. J., dissenting) (slip op., at 3),
but as an ad hoc branch of a state legislature. That is emphatically not our job. Compare U. S. Const., Art. III, §1,
with N. C. Const., Art. II, §1.
A
To review the history of this case is to demonstrate that
the question presented is moot. In 2021, the North Carolina
General Assembly passed an Act to redistrict the State for
elections to the U. S. House of Representatives. Plaintiffsrespondents filed an action in state court, seeking to enjoin
state elections officials (defendants-respondents here) from
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