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.
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.
| Date | Proceedings and Orders (key to color coding) |
|---|
| Jul 05 2023 | Application (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. |
| Jul 07 2023 | Application (23A8) granted by Justice Kavanaugh extending the time to file until August 16, 2023. |
| Aug 16 2023 | Petition for a writ of certiorari filed. (Response due September 18, 2023) |
| Aug 21 2023 | Motion to extend the time to file a response from September 18, 2023 to October 18, 2023, submitted to The Clerk. |
| Aug 22 2023 | Motion to extend the time to file a response is granted and the time is extended to and including October 18, 2023, for all respondents. |
| Oct 18 2023 | Brief of respondents Hunter Doster, et al. in opposition filed. |
| Nov 01 2023 | DISTRIBUTED for Conference of 11/17/2023. |
| Nov 01 2023 | Reply of petitioners Frank Kendall III, Secretary of the Air Force, et al. filed. (Distributed) |
| 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 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). |
| Jan 12 2024 | Judgment issued. |
