First Choice Women’s Resource Centers, Inc. v. Davenport · ¶60

Not so. A defendant seeking to moot a case by abandoning his injurious conduct carries a “heavy burden.” Trinity Lutheran Church of Columbia, Inc. v. Comer, 582 U. S. 449, 457, n. 1 (2017) (internal quotation marks omitted). Among other things, he “must prove no reasonable expectation remains that [he] will return to [his] old ways.” FBI v. Fikre, 601 U. S. 234, 241 (2024) (internal quotation marks omitted). That is a standard Mr. Platkin cannot meet. His letter expressly “reserve[d] the right to seek identities of other donors . . . through a separate subpoena.” Supp. App. 2a. Even more than that, he continued to insist on the disclosure of donor information collected through two websites. As with his earlier offer to allow anonymous donations through one website, this later proposal might have mitigated the scope of First Choice's injury, but it did not extinguish it.

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