State Argues Constitutional Questions Are Moot After Merger Abandonment
The state told the court the constitutional dormant‑commerce and extraterritoriality questions have lost public importance because the merger was abandoned; appellants pressed that monetary stakes tied to fees keep some questions live.
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Assistant Attorney General Paula Pera told the panel that the public interest in the constitutional questions dissipated when the parties abandoned the merger. "First, the public importance ceased when the merger was abandoned," she said, arguing the narrower injunction (if required) would leave the state with declaratory and injunctive relief and thus a prevailing judgment.
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