Hecox will not graduate in May, but such mootness could have arisen in King v. Burwell.

Josh Blackman | 1.15.2026 11:41 AM

Last night (or was it early this morning?), I commented on Justice Sotomayor's remarks that litigants in Supreme Court cases live in "infamy." I wrote that she is only half-right. Litigants who promote liberal causes are celebrated. Litigants who promote conservative causes are excoriated. I discussed Abgail Fisher at some length, and could add some more names. Coach Kennedy. Jack Phillips of Masterpiece Cakeshop. The Little Sisters of the Poor. The Green Family, owner of Hobby Lobby. Kaj Ahlburg and Mary Brown (the plaintiffs in what became NFIB v. Sebelius.) Dick Heller. Alan Bakke. All of the plaintiffs that contested COVID regulations. (Trust me, I know how hard it was to find Jewish plaintiffs who were willing to challenge Governor Cuomo's lockdown measures.)  And so on. If we want to go even further back, we could include poor Joseph Lochner. The immigrant baker's name has become associated with the worst way of deciding cases.

King v. Burwell also comes to mind, and it relates further to Hecox. In King,........

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