Mullin v. Al Otro Lado · ¶182

Ultimately, the Government’s rescission of the metering policy raises jurisdictional questions that this Court needs to resolve before reaching the merits. See Steel Co. v. Citi zens for Better Environment, 523 U. S. 83, 94–95 (1998). But the parties did not address mootness in their merits- stage briefing, and the majority fails to give this crucial matter the attention it warrants. To me, all this suggests that the better course was to refrain from exercising certiorari jurisdiction in this case.

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