Whether the Sixth Circuit's judgment should be vacated and remanded as moot under Munsingwear

QUESTION PRESENTED Only weeks after the first case of COVID-19 was confirmed in Tennessee, the Governor issued an executive order requiring all healthcare providers to postpone elective and non-urgent surgical and invasive procedures for three weeks. The order aimed to slow community spread of the virus and conserve personal protective equipment for the medical professionals who were treating COVID-19 patients. In the decision below, a divided panel of the Sixth Circuit upheld an injunction largely prohibiting the State from enforcing that executive order against abortion providers. The question presented is: Whether, pursuant to United States v. Munsingwear, Inc., 340 U.S. 36 (1950), this Court should vacate the Sixth Circuit’s judgment and remand with instructions to dismiss as moot the abortion providers’ constitutional challenge to the now-expired executive order.