670
O'Connor, J., dissenting
Church of Scientology of Cal. v. United States, 506 U. S. 9, 12 (1992) (quoting Mills v. Green, 159 U. S. 651, 653 (1895)). That principle applies to challenges to legislation that has expired or has been repealed, where the plaintiff has sought only prospective relief. If the challenged statute no longer exists, there ordinarily can be no real controversy as to its continuing validity, and an order enjoining its enforcement would be meaningless. In such circumstances, it is well settled that the case should be dismissed as moot. See, e. g., New Orleans Flour Inspectors v. Glover, 160 U. S. 170 (1895) (repeal). Accord, Burke v. Barnes, 479 U. S. 361, 363-365 (1987) (expiration); cf. Richmond v. J. A. Croson Co., 488 U. S. 469, 478, n. 1 (1989) (expiration of set-aside law did not moot case where parties had continuing controversy over question whether prior application of ordinance entitled plaintiff to damages).
The analysis varies when the challenged statute is amended or is repealed but replaced with new legislation. I agree with the Court that a defendant cannot moot a case simply by altering the law "in some insignificant respect." Ante, at 662. We have recognized, however, that material changes may render a case moot. See, e. g., Princeton Univ. v. Schmid, 455 U. S. 100, 103 (1982) (per curiam) ("substantia[l] amend[ment]" of challenged regulation mooted controversy over its validity). It seems clear, for example, that when the challenged law is revised so as plainly to cure the alleged defect, or in such a way that the law no longer applies to the plaintiff, there is no live controversy for the Court to decide. Such cases functionally are indistinguishable from those involving outright repeal: Neither a declaration of the challenged statute's invalidity nor an injunction against its future enforcement would benefit the plaintiff, because the statute no longer can be said to affect the plaintiff. See, e. g., Department of Treasury v. Galioto, 477 U. S. 556, 559- 560 (1986) (equal protection challenge to federal firearms statute treating certain felons more favorably than former
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