1. Whether, to prevail "on the merits" under 42 U.S.C. § 1988, a party must obtain a ruling that conclusively decides the merits in its favor, as opposed to merely predicting a likelihood of later success, and

2. Whether, to obtain an "enduring" change in the parties' legal relationship under 42 U.S.C. § 1988, a party must receive this change from a court order, as opposed to a nonjudicial act that moots the case.

Whether a plaintiff who obtains a preliminary injunction that becomes moot can be considered a 'prevailing party' entitled to attorney's fees under 42 U.S.C. § 1988 when the underlying legal challenge results in legislative change