Biden v. Feds for Medical Freedom
Petition for certiorari granted, judgment vacated, and case remanded to the U.S. Court of Appeals for the 5th Circuit with instructions to dismiss the case as moot under United States v. Munsingwear on December 11, 2023.
Issue: Whether, pursuant to United States v. Munsingwear, Inc., this court should vacate the court of appeals’ judgment and remand with instructions to direct the district court to vacate its order granting a preliminary injunction as moot.
SCOTUSblog Coverage
- What is going on with the relists? (John Elwood, December 6, 2023)
- University bias-response teams and more Munsingwear vacatur (John Elwood, November 30, 2023)
- Funding for Native healthcare programs, and the Armed Career Criminal Act returns (John Elwood, November 15, 2023)
- Using expert testimony to prove a criminal defendant’s knowledge of drug trafficking (John Elwood, November 8, 2023)
- Whether “bump stocks” are “machineguns,” and a very specific arbitration issue (John Elwood, November 1, 2023)
- An appellate court’s claimed “defiance” in a death-penalty case (John Elwood, October 27, 2023)
| Date | Proceedings and Orders (key to color coding) |
|---|
| Jun 09 2023 | Application (22A1066) to extend the time to file a petition for a writ of certiorari from June 21, 2023 to July 21, 2023, submitted to Justice Alito. |
| Jun 09 2023 | Application (22A1066) granted by Justice Alito extending the time to file until July 21, 2023. |
| Jul 21 2023 | Petition for a writ of certiorari filed. (Response due August 21, 2023) |
| Jul 25 2023 | Motion to extend the time to file a response from August 21, 2023 to September 20, 2023, submitted to The Clerk. |
| Jul 26 2023 | Motion to extend the time to file a response is granted and the time is extended to and including September 20, 2023. |
| Aug 23 2023 | Brief of respondents Feds for Medical Freedom, et al. in opposition filed. |
| Sep 06 2023 | DISTRIBUTED for Conference of 9/26/2023. |
| Sep 06 2023 | Reply of petitioners Joseph R. Biden, Jr., President of the United States, et al. filed. (Distributed) |
| Sep 18 2023 | Rescheduled. |
| Sep 20 2023 | DISTRIBUTED for Conference of 10/6/2023. |
| Oct 10 2023 | DISTRIBUTED for Conference of 10/13/2023. |
| Oct 23 2023 | DISTRIBUTED for Conference of 10/27/2023. |
| Oct 30 2023 | DISTRIBUTED for Conference of 11/3/2023. |
| Nov 06 2023 | DISTRIBUTED for Conference of 11/9/2023. |
| Nov 13 2023 | DISTRIBUTED for Conference of 11/17/2023. |
| Nov 27 2023 | DISTRIBUTED for Conference of 12/1/2023. |
| Dec 01 2023 | Rescheduled. |
| Dec 01 2023 | DISTRIBUTED for Conference of 12/8/2023. |
| Dec 11 2023 | Petition GRANTED. Judgment VACATED and case REMANDED with instructions to direct the District Court to vacate as moot its order granting a preliminary injunction. See United States v. Munsingwear, Inc., 340 U. S. 36 (1950). Justice Jackson, dissenting: In my view, the party seeking vacatur has not established equitable entitlement to that remedy. See Acheson Hotels, LLC v. Laufer, 601 U. S. ___ (2023) (Jackson, J., concurring in the judgment). |
| Jan 12 2024 | Judgment issued. |
