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Tennessee v. Kennedy

Petition for a writ of certiorari granted on January 20, 2026. The judgment is vacated, and the case is remanded to the U.S. Court of Appeals for the 6th Circuit with instructions to dismiss the case as moot. Justice Jackson concurred in the judgment.

Docket No. Op. BelowArgument Opinion Vote Author Term
25-162 6th Cir. N/A N/A N/A N/A OT 2025

Issue: (1) Whether, pursuant to United States v. Munsingwear, Inc., this court should vacate and remand with instructions to dismiss the appeal as moot; and (2) whether, in the alternative, this court should vacate and remand for further consideration in light of Medina v. Planned Parenthood South Atlantic.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
08/07/2025Petition for a writ of certiorari filed. (Response due September 10, 2025)
09/05/2025Motion to extend the time to file a response from September 10, 2025 to October 10, 2025, submitted to The Clerk.
09/08/2025Motion to extend the time to file a response is granted and the time is extended to and including October 10, 2025.
09/29/2025Motion to extend the time to file a response from October 10, 2025 to November 10, 2025, submitted to The Clerk.
09/30/2025Motion to extend the time to file a response is granted and the time is further extended to and including November 10, 2025.
11/10/2025Brief of respondents Robert F. Kennedy, Secretary of Health and Human Services, et al. filed.
11/21/2025Reply of petitioner Tennessee filed. (Distributed)
11/25/2025DISTRIBUTED for Conference of 12/12/2025.
01/05/2026DISTRIBUTED for Conference of 1/9/2026.
01/12/2026DISTRIBUTED for Conference of 1/16/2026.
01/20/2026Petition GRANTED. Judgment VACATED and case REMANDED with instructions to dismiss the case as moot. See United States v. Munsingwear, Inc., 340 U. S. 36 (1950). Justice Jackson, concurring: Although I would require that the party seeking vacatur establish equitable entitlement to that remedy, I accede to vacatur here based on the Court’s established practice when the mootness occurs through the unilateral action of the party that prevailed in the lower court. See Acheson Hotels, LLC v. Laufer, 601 U. S. 1 (2023) (Jackson, J., concurring in the judgment).