No. 23-154

Frank Kendall, Secretary of the Air Force, et al. v. Hunter Doster, et al.

Lower Court: Sixth Circuit
Docketed: 2023-08-17
Status: GVR
Type: Paid
Relisted (3) Experienced Counsel
Tags: civil-rights covid-19-mandate due-process military military-vaccination mootness mootness-doctrine munsingwear-doctrine preliminary-injunction religious-exemption standing vacatur
Key Terms:
SocialSecurity FirstAmendment Securities JusticiabilityDoctri ClassAction
Latest Conference: 2023-12-08 (distributed 3 times)
Question Presented (AI Summary)

Whether, pursuant to United States v. Munsingwear, Inc., 340 U.S. 36 (1950), 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

Question Presented (OCR Extract)

QUESTION PRESENTED In 2021, the Secretary of Defense ordered all military servicemembers to be vaccinated against COVID19. In the decision below, the Sixth Circuit affirmed orders preliminarily enjoining the Air Force from applying the COVID-19 vaccination requirement to individual plaintiffs who had unsuccessfully sought religious exemptions, certifying a class, and granting a class-wide preliminary injunction. The court of appeals entered judgment on November 29, 2022. On December 23, 2022, Congress enacted legislation directing the Secretary of Defense to rescind the COVID-19 vaccination requirement, and he did so shortly thereafter. The question presented is as follows: Whether, pursuant to United States v. Munsingwear, Inc., 340 U.S. 36 (1950), 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. (I)

Docket Entries

2024-01-12
Judgment issued.
2023-12-11
Petition GRANTED. Judgment VACATED and case REMANDED with instructions to direct the District Court to vacate as moot its preliminary injunctions. See <i>United States</i> v. <i>Munsingwear, Inc.</i>, 340 U. S. 36 (1950). Justice Jackson, dissenting: In my view, the party seeking vacatur has not established equitable entitlement to that remedy. See <i>Acheson Hotels, LLC</i> v. <i>Laufer</i>, 601 U. S. ___ (2023) (Jackson, J., concurring in the judgment).
2023-12-01
Rescheduled.
2023-12-01
DISTRIBUTED for Conference of 12/8/2023.
2023-11-27
DISTRIBUTED for Conference of 12/1/2023.
2023-11-01
DISTRIBUTED for Conference of 11/17/2023.
2023-11-01
Reply of petitioners Frank Kendall III, Secretary of the Air Force, et al. filed. (Distributed)
2023-10-18
2023-08-22
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.
2023-08-21
Motion to extend the time to file a response from September 18, 2023 to October 18, 2023, submitted to The Clerk.
2023-08-16
Petition for a writ of certiorari filed. (Response due September 18, 2023)
2023-07-07
Application (23A8) granted by Justice Kavanaugh extending the time to file until August 16, 2023.
2023-07-05
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.

Attorneys

Frank Kendall III, Secretary of the Air Force, et al.
Elizabeth B. PrelogarSolicitor General, Petitioner
Elizabeth B. PrelogarSolicitor General, Petitioner
Hunter Doster, et al.
Thomas B. BrunsBruns, Connell, Vollmar & Armstrong, LLC, Respondent
Thomas B. BrunsBruns, Connell, Vollmar & Armstrong, LLC, Respondent