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Kendall v. Doster

Petition for certiorari granted, judgment vacated, and case remanded to the U.S. Court of Appeals for the 6th 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
23-154 6th 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 orders granting preliminary injunctions as moot.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
07/05/2023Application (23A8) to extend the time to file a petition for a writ of certiorari from July 16, 2023 to August 16, 2023, submitted to Justice Kavanaugh.
07/07/2023Application (23A8) granted by Justice Kavanaugh extending the time to file until August 16, 2023.
08/16/2023Petition for a writ of certiorari filed. (Response due September 18, 2023)
08/21/2023Motion to extend the time to file a response from September 18, 2023 to October 18, 2023, submitted to The Clerk.
08/22/2023Motion to extend the time to file a response is granted and the time is extended to and including October 18, 2023, for all respondents.
10/18/2023Brief of respondents Hunter Doster, et al. in opposition filed.
11/01/2023DISTRIBUTED for Conference of 11/17/2023.
11/01/2023Reply of petitioners Frank Kendall III, Secretary of the Air Force, et al. filed. (Distributed)
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 preliminary injunctions. 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.