The Supreme Court on Wednesday afternoon pulled a case — Kingdomware Technologies v. United States — from its argument schedule, instructing the lawyers involved in the case to file new briefs on whether the case has become moot. The case involves a significant test of a mandatory program requiring the Department of Veterans Affairs to give preference to businesses owned by veterans when it awards contracts.
On June 22, the Court had granted review of the Maryland technology firm’s case, which protests what the company characterized as the VA’s failure to comply fully with that mandate. The case had been set for argument at 11 a.m. next Monday.
Under Wednesday’s order, the Court asked whether the disputed contracts in the case “have been fully performed, and if so, whether the case is moot.” When the new briefs are filed, the Court will then decide whether, in fact, the case has lost its status as a live controversy; if so, the case would then be dismissed. If it is persuaded that the case remains alive, then the Court would probably reset it for oral argument, probably in February.
Both sides are to file briefs on the mootness issue by November 20, and each may reply by December 1.
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