assoc gen contractors city jacksonville argued february decided june respondent city enacted ordinance requiring amount spent city contracts set aside fiscal year minority business enterprises mbe petitioner construction contractors association whose members qualify mbe filed suit district city respondent mayor alleging many members regularly bid performed construction work city bid designated set aside contracts restrictions imposed ordinance violation fourteenth amendment equal protection clause ultimately entered summary judgment petitioner appeals vacated judgment ruling petitioner lacked standing challenge ordinance demonstrated program member bid successfully contracts certiorari granted city repealed mbe ordinance replacing another ordinance although different repealed ordinance still set aside certain contracts certified businesses subsequently denied respondents motion dismiss case moot held case moot well settled voluntary cessation challenged practice deprive federal power determine practice legality defendant precluded reinstating practice mere risk city repeat allegedly wrongful conduct already done insofar city new ordinance accords preferential treatment award city contracts disadvantages petitioner members way repealed ordinance pp petitioner standing sue city pp government erects barrier makes difficult members one group obtain benefit members another group member former group seeking challenge barrier need allege obtained benefit barrier order establish standing see regents univ cal bakke injury fact element standing equal protection case denial equal treatment resulting imposition barrier inability compete equal footing bidding process ultimate inability obtain benefit establish standing therefore petitioner need demonstrate members able ready bid contracts discriminatory policy prevents equal basis pp respondents reliance warth seldin construction association denied standing challenge town zoning ordinance misplaced unlike petitioner association warth claimed members obtain variances permits apply variances permits equal basis allege members applied permit variance current project pp petitioner allegations members regularly bid city contracts bid contracts set aside ordinance unchallenged assumed true pp thomas delivered opinion rehnquist white stevens scalia kennedy souter joined filed dissenting opinion blackmun joined post deborah ausburn argued cause petitioner briefs stephen parker leonard magid argued cause respondents brief charles arnold steven rohan briefs amici curiae urging reversal filed associated general contractors america walter ryland michael kennedy equal rights advocates et al curtis karnow judith kurtz eva jefferson paterson antonia hernandez william mcneill iii pacific legal foundation et al john findley ronald zumbrun james polk public citizen et al paul wolfson alan morrison john powell steven shapiro richard ruda filed brief national league cities et al amici curiae urging affirmance lee fisher attorney general ohio andrew sutter assistant attorney general frank kelley attorney general michigan filed brief state ohio et al amici curiae justice thomas delivered opinion jacksonville florida ordinance accords preferential treatment certain businesses award city contracts case decide whether order standing challenge ordinance association contractors required show one members received contract absent ordinance hold respondent jacksonville enacted ordinance entitled minority business enterprise participation required amount spent city contracts set aside fiscal year minority business enterprises mbe city jacksonville purchasing code mbe defined business whose ownership least minority female minority turn defined person considers black oriental indian eskimo aleut handicapped projects earmarked mbe bidding city chief purchasing officer deemed reserved minority business enterprises ordinance athematical certainty required determining amount set aside chief purchasing officer required make every attempt come close possible ten percent figure ordinance also provided waiver reduction certain circumstances petitioner northeastern florida chapter associated general contractors america agc association individuals firms construction industry petitioner members business jacksonville qualify mbe city ordinance april petitioner filed action pursuant city mayor also respondent district middle district florida claiming jacksonville ordinance violated equal protection clause fourteenth amendment face applied petitioner sought declaratory injunctive relief complaint petitioner alleged many members regularly bid perform construction work city jacksonville complaint bid designated set aside contracts restrictions imposed ordinance id april district entered temporary restraining order prohibiting city implementing mbe ordinance april issued preliminary injunction respondents appealed concluding petitioner demonstrated irreparable injury appeals reversed issuance preliminary injunction remanded case expedited disposition merits chief judge tjoflat concurred judgment view suit dismissed lack standing petitioner complaint refer specific contract subcontract awarded nonminority bidder ordinance meantime petitioner respondents moved summary judgment may district entered summary judgment petitioner concluding mbe ordinance inconsistent equal protection criteria established richmond croson respondents appealed obtained favorable ruling rather addressing merits petitioner equal protection claim appeals held petitioner lacks standing challenge ordinance establishing program demonstrated program agc member bid successfully contracts appeals accordingly vacated district judgment remanded case instructions dismiss petitioner complaint without prejudice eleventh circuit decision conflicts decisions district columbia circuit ninth circuit see constr district columbia app coral constr king county cert denied granted certiorari october days grant certiorari city repealed mbe ordinance replaced ordinance entitled women business enterprise participation became effective next day ordinance differs repealed ordinance three principal respects first unlike prior ordinance applied women members seven different minority groups new ordinance applies women blacks jacksonville purchasing code second rather set aside new ordinance established participation goals ranging depending upon type contract ownership contractor fiscal year contract awarded third new ordinance provides one five alternative methods achieving participation goals methods city use decided project project basis one sheltered market plan apart percentages virtually identical prior ordinance set aside plan certain contracts reserved exclusive competition certified businesses claiming longer live controversy respect constitutionality repealed ordinance respondents filed motion dismiss case moot november denied motion december ii brief merits respondents reassert claim repeal challenged ordinance renders case moot decline disturb earlier ruling however mootness question controlled city mesquite aladdin castle applied well settled rule defendant voluntary cessation challenged practice deprive federal power determine legality practice although challenged statutory language issue city mesquite eliminated case pending appeals held case moot defendant repeal objectionable language preclude reenacting precisely provision district judgment vacated ibid fortiori case mere risk jacksonville repeat allegedly wrongful conduct already done matter new ordinance differs certain respects old one city mesquite stand proposition possibility selfsame statute enacted prevents case moot rule defendant moot case repealing challenged statute replacing one differs insignificant respect gravamen petitioner complaint members disadvantaged efforts obtain city contracts new ordinance may disadvantage lesser degree old one insofar accords preferential treatment contractors particular insofar sheltered market plan set aside another name disadvantages fundamental way hold case moot turn question granted certiorari whether petitioner standing challenge jacksonville ordinance iii doctrine standing essential unchanging part requirement article iii lujan defenders wildlife defines respect judicial branch idea separation powers federal government founded allen wright established long line cases party seeking invoke federal jurisdiction must demonstrate three things injury fact mean invasion legally protected interest concrete particularized actual imminent conjectural hypothetical lujan supra citations internal quotation marks omitted causal relationship injury challenged conduct mean injury fairly traced challenged action defendant resulted independent action third party simon eastern kentucky welfare rights organization likelihood injury redressed favorable decision mean prospect obtaining relief injury result favorable ruling speculative allen wright supra elements irreducible minimum valley forge christian college americans separation church state required constitution appeals held petitioner establish standing failed allege one members awarded contract challenged ordinance circumstances appeals concluded injury holding reconciled precedents turner georgia law limiting school board membership property owners challenged equal protection grounds held plaintiff property standing challenge law although say explicitly holding depend upon allegation appointed board property requirement necessary plaintiff wished considered position accord quinn millsap plaintiffs real property standing challenge property requirement membership board freeholders confronted similar issue clements fashing number officeholders claimed equal protection rights violated automatic resignation provision texas constitution requires immediate resignation state officeholders upon announcement candidacy another office noting plaintiffs alleged announced candidacy consequences rejected claim dispute merely hypothetical allegations insufficient create actual case controversy citing turner fouche emphasized plaintiffs injury obstacle candidacy emphasis added require allegation plaintiffs actually elected prohibition decision closely analogous case however regents univ cal bakke white male applicant claimed medical school admissions program reserved places entering class minority applicants inconsistent equal protection clause addressing argument applicant lacked standing challenge program justice powell concluded constitutional requirements art iii satisfied requisite injury medical school decision permit bakke compete places class simply race emphasis added principal opinion thus even bakke unable prove admitted absence special program follow lacked standing emphasis added portion justice powell opinion joined four justices see singly collectively cases stand following proposition government erects barrier makes difficult members one group obtain benefit members another group member former group seeking challenge barrier need allege obtained benefit barrier order establish standing injury fact equal protection case variety denial equal treatment resulting imposition barrier ultimate inability obtain benefit see turner fouche supra may assume plaintiffs right appointed board education federal constitutional right considered public service without burden invidiously discriminatory disqualifications omitted emphasis added context challenge program injury fact inability compete equal footing bidding process loss contract see croson principal opinion set aside program denies certain citizens opportunity compete fixed percentage public contracts based solely upon race emphasis added establish standing therefore party challenging program like jacksonville need demonstrate able ready bid contracts discriminatory policy prevents equal basis urging affirmance respondents rely primarily upon warth seldin plaintiffs claimed town zoning ordinance terms enforced violated fourteenth amendment insofar effect preventing people low moderate income living town seeking intervene suit association construction firms alleged zoning restrictions deprived members business opportunities profits held association lacked standing provided following explanation holding complaint refers specific project association members currently precluded either ordinance respondents action enforcing averment member applied respondents building permit variance respect current project indeed indication respondents delayed thwarted project currently proposed association members members taken advantage remedial processes available ordinance short insofar complaint seeks prospective relief association failed show existence injury members sufficient immediacy ripeness warrant judicial intervention event tension minimal even assuming alleged injury warth inability compete variances permits equal basis warth analogous case distinguishable nonetheless unlike petitioner alleged members regularly bid contracts jacksonville bid city ordinance makes unavailable construction association warth allege member ha applied building permit variance respect current project thus unlike association warth petitioner alleged injury sufficient immediacy warrant judicial intervention ibid furthermore hold warth appeals mutatis mutandis association required allege discriminatory policy variances permits awarded members allegation specific project precluded existence administration zoning ordinance certainly sufficient establish standing suggestion warth necessary iv complaint petitioner alleged members regularly bid construction contracts jacksonville bid contracts set aside pursuant city ordinance able complaint allegations challenged way motion summary judgment example must assume true see lucas south carolina coastal council pennell san jose given assumption given legal standard reaffirmed today inappropriate appeals order petitioner complaint dismissed lack standing judgment appeals therefore reversed case remanded proceedings consistent opinion ordered footnotes four methods participation percentage plan contractors required subcontract businesses direct negotiation plan pursuant city engages direct negotiations businesses bid preference plan provides award contract business whose bid within certain percentage dollar amount lowest bid impact plan point values awarded businesses businesses use subcontractors suppliers specified employment program black female employees bottom dissent differs us question whether new ordinance sufficiently similar repealed ordinance permissible say challenged conduct continues dissent puts whether ordinance sufficiently altered present substantially different controversy one district originally decided post believe ordinance sufficiently altered dissent disagrees merits disagreement short answer dissent argument case controlled diffenderfer central baptist church miami per curiam fusari steinberg predate city mesquite statutes issue cases changed substantially therefore basis concluding challenged conduct repeated see diffenderfer supra crux complaint old statute violated constitution insofar authorized tax exemption church property used primarily commercial purposes new statute authorized exemption property used predominantly religious purposes fusari challenged statute significantly revised legislature enacted major revisions statute although bakke came us state decision asarco kadish retroactively render bakke discussion standing dictum see brief public citizen et al amici curiae suggesting might asarco held jurisdiction review judgment state even though respondents plaintiffs trial standing sue principles governing federal courts petitioners defendants trial allege specific injury stemming state decree hold irrelevant whether state plaintiffs met federal standing requirements instead made clear determination plaintiffs satisfied requirements obviated inquiry thus bakke standing necessary condition exercise jurisdiction sufficient follows definition injury fact petitioner sufficiently alleged city ordinance cause injury judicial decree directing city discontinue program redress injury suggestion even petitioner members standing sue petitioner one prerequisites associational standing satisfied see hunt washington state apple advertising given current state record basis reaching conclusion justice justice blackmun joins dissenting challenged statute expires repealed significantly amended pending review relief sought prospective practice dismiss case moot today abandons practice relying solely decision city mesquite aladdin castle see ante believe case closely resembles cases found mootness city mesquite accordingly reach standing question decided majority earlier term reaffirmed longstanding rule case must dismissed moot event occurs pending review makes impossible grant effectual relief whatever prevailing party church scientology cal quoting mills green principle applies challenges legislation expired repealed plaintiff sought prospective relief challenged statute longer exists ordinarily real controversy continuing validity order enjoining enforcement meaningless circumstances well settled case dismissed moot see new orleans flour inspectors glover repeal accord burke barnes expiration cf richmond croson expiration law moot case parties continuing controversy question whether prior application ordinance entitled plaintiff damages analysis varies challenged statute amended repealed replaced new legislation agree defendant moot case simply altering law insignificant respect ante recognized however material changes may render case moot see princeton univ schmid per curiam substantia amend ment challenged regulation mooted controversy validity seems clear example challenged law revised plainly cure alleged defect way law longer applies plaintiff live controversy decide cases functionally indistinguishable involving outright repeal neither declaration challenged statute invalidity injunction future enforcement benefit plaintiff statute longer said affect plaintiff see department treasury galioto equal protection challenge federal firearms statute treating certain felons favorably former mental patients moot congress amended statute eliminate discrimination kremens bartley challenge law permitting parents commit juveniles mental hospital mooted respect new legislation permitting commitment juveniles board pub util compania general de tabacos de filipinas challenge statute alleged constitute unlawful delegation legislative power regulatory board dismissed statutory amendment detailed board responsibilities berry davis suit enjoin mandatory vasectomy plaintiff dismissed statute requiring operation replaced law inapplicable plaintiff difficult question presented granted review case challenged statute replaced new legislation obviously completely remedying alleged infirmity original act narrowly drawn new law ultimately may suffer legal defect old statute may sufficiently altered present substantially different controversy one district originally decided cases typically exercised caution treated case moot diffenderfer central baptist church miami per curiam example plaintiffs challenged florida statute exempted taxation certain church property used part commercial parking lot violative religion clauses first amendment noted probable jurisdiction florida legislature repealed statute replaced new legislation exempting taxation church property used predominantly religious purposes observing church property question might entitled exemption new law concluded controversy us moot reasoned relief sought complaint declaratory judgment repealed statute unconstitutional applied church parking lot used commercial purposes injunction application said lot relief course inappropriate statute repealed took similar approach fusari steinberg plaintiffs challenged connecticut procedures determining continuing eligibility unemployment compensation district held scheme violated due process failed provide adequate hearing administrative review hearing examiner decision took unreasonably long time noted probable jurisdiction state legislature amended relevant statutes establishing additional procedural protections hearing stage altering structure administrative review make quicker fairer changes might alter significantly character system considered district unclear new procedures operate vacated lower judgment remanded reconsideration light intervening changes state law see see also allee medrano criminal statutes declared unconstitutional replaced narrowly drawn versions case moot absent pending prosecutions precedents establish challenged statute replaced narrowly drawn legislation pending review plaintiff seeks prospective relief generally decline decide case controversy respect old statute moot declaration invalidity injunction law future enforcement benefit plaintiff sure statutory changes affect plaintiff claims dismissal avoids possibility decision prove advisory like diffenderfer case concerns law repealed replaced granted review petitioner complaint requests declaratory injunctive relief ordinance longer exists acknowledges jacksonville new ordinance narrowly drawn last see ante new ordinance may disadvantage petitioner members lesser degree old one majority believes diffenderfer similar cases inapposite majority view jacksonville new ordinance differ substantially one challenged petitioner complaint see ante agree gravamen petitioner complaint ante read original law violated equal protection clause two reasons law lacked adequate factual basis city undertaken studies determine whether past discrimination continuing effects made preference program necessary app ordinance narrowly tailored remedy prior racial discrimination program limited time figure rationally related relevant statistic preferences awarded groups discrimination ever occurred city district invalidated ordinance authority richmond croson held program deficient similar respects violated equal protection clause app pet cert district concluded jacksonville made sufficient findings past discrimination therefore reach narro tailor ing question city effort make law narrowly tailored also evident terms new program expire years addition explains two eight previously favored groups eliminated list qualified participants participation goals vary according type contract ownership contractor five alternative methods achieving participation goals see ante one five methods complying participation goals sheltered market plan resembles earlier law ante unclear city decide ever use sheltered market plan rather alternative method particular project fusari speculate new system might operate whether new ordinance survives scrutiny fourteenth amendment question express view say changes insignificant ante petitioner equal protection claim majority avoids difficulty characterizing petitioner complaint general terms possible gravamen petitioner complaint members disadvantaged efforts obtain city contracts undertake generalized approach diffenderfer cases involving narrowly drawn statutory changes challenge new law presents different case allee proper course therefore decline render decision issue us question decided appeals concerns petitioner standing compel different result cf burke barnes declining reach standing question expiration law mooted controversy determination petitioner standing challenge repealed law avails nothing since law longer exists petitioner benefit determination standing challenge new ordinance even assuming standing questions identical old new ordinances decision case view remains inappropriate petitioner yet attempted amend pleadings file another complaint challenge new ordinance see tr oral arg thus today ruling standing question prove advisory reason believe wiser course one consistent precedents follow diffenderfer authority case vacate appeals judgment remand instructions remand case district permit petitioner challenge new ordinance ii also agree majority assertion city mesquite control case ante understand city mesquite created narrow exception general principles described exception clearly inapplicable plaintiff city mesquite challenged licensing ordinance governing amusement establishments one factors considered determining whether grant license ordinance whether applicant connections criminal elements internal quotation marks omitted district held phrase unconstitutionally vague appeals affirmed case pending appeals however contested language eliminated ordinance case came us concluded need dismissed moot relied voluntary cessation doctrine provides defendant voluntary cessation challenged practice deprive federal power determine legality practice defendants forever avoid judicial review simply ceasing challenged practice resume case dismissed cases said defendant establish mootness bears heavy burden demonstrat ing reasonable expectation wrong repeated grant internal quotation marks omitted city mesquite decided reach merits plaintiff claim city repeal objectionable language preclude reenacting precisely provision district judgment vacated expressly noted city fact announced intention exactly already eliminated reinstated another aspect ordinance course litigation obviously response prior judicial action circumstances made virtually impossible say reasonable expectation city reenact challenged language city mesquite purport overrule long line cases found repeal challenged statute moot case significantly referred voluntary cessation doctrine case involving statute repealed materially altered pending review reason seems obvious unlike city mesquite ordinary case reasonable suppose legislature repealed amended challenged law simply avoid litigation reinstate original legislation given opportunity especially true law replaced doubt considerable effort expense narrowly drawn version designed cure alleged legal infirmities ordinarily presume legislative bodies act bad faith city mesquite required government establish expected reenact repealed legislation dismiss case moot believe city mesquite stands proposition discretion decide case statute review repealed amended appropriately may render judgment circumstances demonstrate legislature likely reinstate old law make declaratory judgment order enjoining law enforcement worthwhile circumstances undoubtedly rare majority points nothing record case suggest dealing sort legislative improprieties concerned us city mesquite majority therefore quite unconvincing assertion mootness question case controlled city mesquite ante treating exceptional case announcing general rule favoring exercise jurisdiction moreover today decision casts doubt cases injects new uncertainty mootness jurisprudence view principles developed decisions described continue apply ordinary case challenged statute replaced narrowly drawn version pending review indication legislature intends reenact prior version follow diffenderfer vacate lower judgment direct plaintiff permitted challenge new legislation accordingly respectfully dissent