Opinions Relating to Orders - 2022

Chapman voe

The petition for a writ of certiorari is granted. The judgment is vacated, and the case is remanded to the United States Court of Appeals for the Eighth Circuit with instructions to dismiss the case as moot. See United States v. Munsingwear, Inc., 340 U. S. 36 (1950).

JUSTICE JACKSON, dissenting. I am concerned that contemporary practice related to socalled “Munsingwear vacaturs” has drifted away from the doctrine’s foundational moorings.

When a case becomes moot, the losing party is generally deprived of the right to appeal the merits of an adverse decision. U. S. Bancorp Mortgage Co. v. Bonner Mall Partnership, 513 U. S. 18, 21–22 (1994). In United States v. Munsingwear, Inc., 340 U. S. 36, 38–39 (1950), this Court observed that, sometimes, that result might be especially unfair, and thus a request for vacatur of the lower court’s judgment may be entertained, and granted, to address the inequity. But the Court declined to do so in Munsingwear itself because the equities did not favor the party requesting that relief, as the party had “slept on its rights.” Id., at 41. Later, this Court clarified that this “Munsingwear vacatur” remedy is available only in “extraordinary” or “exceptional” cases where a party meets the burden of demonstrating equitable entitlement to vacatur in an otherwise moot case. Bancorp, 513 U. S., at 26, 29.