Hamamoto v. Ige

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The Ninth Circuit affirmed the district court's dismissal of plaintiff's complaint alleging that the temporary appointment of then-Lieutenant Governor Brian Schatz as the United States senator from Hawaii violated their rights under the Seventeenth Amendment. The panel held that plaintiffs' failure to seek an injunction did not foreclose the availability of the "capable of repetition, yet evading review" exception to mootness; a temporary appointment to the United States Senate under Hawaii Revised Statute 17-1 lasts, at most, two years and five months; the controversy over the legality of such an appointment was one of inherently limited duration; and plaintiffs had not demonstrated that expedited review would have been unavailable in a case like theirs. View "Hamamoto v. Ige" on Justia Law