Mootness issue in granted case

The Supreme Court has told lawyers due to argue a case on Oct. 14 to come prepared to argue over potential mootness of the dispute.  In a letter to counsel from the Court’s Clerk, the Court asked whether the individuals involved in Alvarez v. Smith, et al. (08-351), have had hearings on the question of forfeiting their property used in a drug crime, or have had their property returned, and, if so, “the potential significance of those facts” on the question of mootness.  The lawyers were not told to file additional written briefs.  The case is set for argument at 10 a.m. a week from Wednesday.