If nominal damages are enough to keep a case alive, then there's not much to mootness or case and controversy. No real harm is needed. - gwc
Chief Justice John Roberts Breaks With Justices, Calls Them 'Advice Columnists' : NPR"Nominal damages are not a consolation prize," Justice Clarence Thomas wrote for the court majority. "Despite being small, nominal damages are certainly concrete. ... a person who is awarded nominal damages receives 'relief on the merits of his claim.' "
In his dissent, Roberts noted that there "are just a few problems" with the students' desire to continue their lawsuit.
"The challenged restrictions no longer exist," he said. "And [the students] have not alleged actual damages."
The case, he added, is therefore moot because there is no live pending legal question.
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