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.

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
22-1225	D.C. Cir.	N/A	N/A	N/A	N/A	OT 2023

Issue: (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

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Date	Proceedings and Orders (key to color coding)
06/16/2023	Petition for a writ of certiorari filed. (Response due July 21, 2023)
07/11/2023	Motion to extend the time to file a response from July 21, 2023 to August 21, 2023, submitted to The Clerk.
07/12/2023	Motion to extend the time to file a response is granted and the time is extended to and including August 21, 2023.
08/11/2023	Motion to extend the time to file a response from August 21, 2023 to September 5, 2023, submitted to The Clerk.
08/14/2023	Motion to extend the time to file a response is granted and the time is further extended to and including September 5, 2023.
09/05/2023	Brief for respondents Joseph R. Biden, Jr., President of the United States, et al. filed.
09/20/2023	DISTRIBUTED for Conference of 10/6/2023.
10/10/2023	DISTRIBUTED for Conference of 10/13/2023.
10/23/2023	DISTRIBUTED for Conference of 10/27/2023.
10/30/2023	DISTRIBUTED for Conference of 11/3/2023.
11/06/2023	DISTRIBUTED for Conference of 11/9/2023.
11/13/2023	DISTRIBUTED for Conference of 11/17/2023.
11/27/2023	DISTRIBUTED for Conference of 12/1/2023.
12/01/2023	Rescheduled.
12/01/2023	DISTRIBUTED for Conference of 12/8/2023.
12/11/2023	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).
01/12/2024	Judgment issued.