Payne v. Biden
Petition for certiorari granted, judgment vacated, and case remanded to the U.S. Court of Appeals for the District of Columbia Circuit with instructions to dismiss the case as moot under United States v. Munsingwear on December 11, 2023.
Issues: (1) Whether the judgment below should be vacated and the case remanded for dismissal as moot under United States v. Munsingwear, Inc; and (2) alternatively, whether the judgment below should be vacated and the case remanded for further consideration in light of Axon Enterprise v. Federal Trade Commission.
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 16 2023 | Petition for a writ of certiorari filed. (Response due July 21, 2023) |
| Jul 11 2023 | Motion to extend the time to file a response from July 21, 2023 to August 21, 2023, submitted to The Clerk. |
| Jul 12 2023 | Motion to extend the time to file a response is granted and the time is extended to and including August 21, 2023. |
| Aug 11 2023 | Motion to extend the time to file a response from August 21, 2023 to September 5, 2023, submitted to The Clerk. |
| Aug 14 2023 | Motion to extend the time to file a response is granted and the time is further extended to and including September 5, 2023. |
| Sep 05 2023 | Brief for respondents Joseph R. Biden, Jr., President of the United States, et al. filed. |
| 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 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. ___ (2023) (Jackson, J., concurring in the judgment). |
| Jan 12 2024 | Judgment issued. |
