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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.

Docket No. Op. Below Argument Opinion Vote Author Term
23-60 5th Cir. N/A N/A N/A N/A OT 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.

DateProceedings and Orders (key to color coding)
06/09/2023Application (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.
06/09/2023Application (22A1066) granted by Justice Alito extending the time to file until July 21, 2023.
07/21/2023Petition for a writ of certiorari filed. (Response due August 21, 2023)
07/25/2023Motion to extend the time to file a response from August 21, 2023 to September 20, 2023, submitted to The Clerk.
07/26/2023Motion to extend the time to file a response is granted and the time is extended to and including September 20, 2023.
08/23/2023Brief of respondents Feds for Medical Freedom, et al. in opposition filed.
09/06/2023DISTRIBUTED for Conference of 9/26/2023.
09/06/2023Reply of petitioners Joseph R. Biden, Jr., President of the United States, et al. filed. (Distributed)
09/18/2023Rescheduled.
09/20/2023DISTRIBUTED for Conference of 10/6/2023.
10/10/2023DISTRIBUTED for Conference of 10/13/2023.
10/23/2023DISTRIBUTED for Conference of 10/27/2023.
10/30/2023DISTRIBUTED for Conference of 11/3/2023.
11/06/2023DISTRIBUTED for Conference of 11/9/2023.
11/13/2023DISTRIBUTED for Conference of 11/17/2023.
11/27/2023DISTRIBUTED for Conference of 12/1/2023.
12/01/2023Rescheduled.
12/01/2023DISTRIBUTED for Conference of 12/8/2023.
12/11/2023Petition 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).
01/12/2024Judgment issued.