Mark Elliott, et al. v. Financial Oversight and Management Board for Puerto Rico, et al.

In a case in which the appellants have a statutory right of appeal and the court of appeals has Article III and statutory jurisdiction, may the court of appeals invoke a judge-made doctrine of “equitable mootness” to dismiss, and thus decline to hear the merits of, an appeal of an order confirming a bankruptcy plan.

If “equitable mootness” may ever be invoked, may a court of appeals invoke “equitable mootness” to dismiss an appeal by secured creditors, who assert that their constitutional rights have been violated, and who seek relief on appeal — including monetary compensation — that would affect only a government which is a party to the appeal and which took the secured creditors’ property without just compensation, and that would not affect “innocent” persons not