A Circuit Court can remand to the District Court. It can remand so the District Court considers an issue.
The District Court then makes a decision on remand.
The District Court’s decision on remand can be appealed to the Circuit Court.
The Supreme Court can grant certiorari.
A case is not moot when the controversy the plaintiffs brought to court is “capable of repetition, yet evading review.” See Olmstead v. L.C. ex rel. Zimring, 527 U.S. 581 (1999). In Olmstead, the plaintiffs claimed discrimination because of an unjustified retention in an institution. They were institutionalized instead of receiving treatment in community-based programs. But when the Supreme Court heard the case, the plaintiffs were currently receiving treatment in community-based programs. The Supreme Court explained why their case was not moot:
L.C. and E.W. are currently receiving treatment in community-based programs. Nevertheless, the case is not moot. As the District Court and Court of Appeals explained, in view of the multiple institutional placements L.C. and E.W. have experienced, the controversy they brought to court is “capable of repetition, yet evading review.” No. 1:95–cv–1210–MHS (ND Ga., Mar. 26, 1997), p. 6, App. to Pet. for Cert. 35a (internal quotation marks omitted); see 138 F.3d 893, 895, n. 2 (C.A.11 1998) (citing Honig v. Doe, 484 U.S. 305, 318–323, 108 S.Ct. 592, 98 L.Ed.2d 686 (1988), and Vitek v. Jones, 445 U.S. 480, 486–487, 100 S.Ct. 1254, 63 L.Ed.2d 552 (1980)).