Question Presented (AI Summary)
Whether the Supreme Court should vacate and remand the Sixth Circuit's decision as moot after HHS restored Tennessee's funding
Question Presented (from Petition)
In 2023, the U.S. Department of Health and Human Services stripped millions of dollars in f unding from the State s of Tennessee and Oklahoma because they refused to counsel or refer for abortions that are illegal under state law. Tennessee sued, alleging that HHS’s funding decision exceeded statutory authority , violate d the Administrative Procedure Act, and flunk ed the Spending Clause clear -statement rule. A district court denied Tennessee’s request for preliminary relief . The Sixth Circuit affirmed . In doing so, the court created a circuit split on what the Spending Clause re quires and drastically narrowed the prospective scope of Loper Bright Enterprises v. Raimondo , 603 U.S. 369 (2024). After the Sixth Circuit’s decision, HHS restored Tennessee’s funding at approximately full amounts and thereby eliminated any live dispute between the parties . The questions presented are: 1. Whether, pursuant to United States v. Munsingwear, Inc. , 340 U.S. 36 (1950), this Court should vacate and remand with instructions to di smiss the appeal as moot . 2. Whether, in the alternative, this Court should vacate and remand for further consideration in light of Medina v. Planned Parenthood South Atlantic, 145 S. Ct. 2219 ( 2025).
2026-01-20
Petition GRANTED. Judgment VACATED and case REMANDED with instructions to dismiss the case as moot. See <i>United States</i> v. <i>Munsingwear, Inc.</i>, 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 <i>Acheson Hotels, LLC</i> v. <i>Laufer</i>, 601 U. S. 1 (2023) (Jackson, J., concurring in the judgment).
2026-01-12
DISTRIBUTED for Conference of 1/16/2026.
2026-01-05
DISTRIBUTED for Conference of 1/9/2026.
2025-11-25
DISTRIBUTED for Conference of 12/12/2025.
2025-11-21
Reply of State of Tennessee submitted.
2025-11-21
Reply of petitioner Tennessee filed. (Distributed)
2025-11-10
Brief for the Respondents of Kennedy, Jr., Robert, et al. submitted.
2025-11-10
Brief of respondents Robert F. Kennedy, Secretary of Health and Human Services, et al. filed.
2025-09-30
Motion to extend the time to file a response is granted and the time is further extended to and including November 10, 2025.
2025-09-29
Motion of Kennedy, Jr., Robert, et al. for an extension of time submitted.
2025-09-29
Motion to extend the time to file a response from October 10, 2025 to November 10, 2025, submitted to The Clerk.
2025-09-08
Motion to extend the time to file a response is granted and the time is extended to and including October 10, 2025.
2025-09-05
Motion of Kennedy, Jr., Robert, et al. for an extension of time submitted.
2025-09-05
Motion to extend the time to file a response from September 10, 2025 to October 10, 2025, submitted to The Clerk.
2025-08-07
Petition for a writ of certiorari filed. (Response due September 10, 2025)