Today the Supreme Court issued an order in Smith v. Scott, a qualified immunity case.
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 Ninth Circuit for further consideration in light of Zorn v. Linton, 607 U. S. ___ (2026) (per curiam). Justice Sotomayor, Justice Kagan, and Justice Jackson would deny the petition for a writ of certiorari.
Smith had been floating around for a long time. It was first distributed to conference back in September 2025. Zorn, the case that caused the GVR, was first distributed to conference in November 2025, and was decided on March 23, 2026. Justice Sotomayor, Kagan, and Jackson dissented from that per curiam order.
