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Reason
Reason
Jonathan H. Adler

Justice Jackson Calls for Reining in the Use of Munsingwear Vacatur

Today the Supreme Court GVR'd in Chapman v. Doe, granting the petition, vacating the lower court decision, and remanding the case back to the U.S. Court of Appeals for the Eighth Circuit with instructions to dismiss the case as moot. The underlying dispute concerned minor Jane Doe's attempt to obtain a judicial bypass so as to obtain an abortion without notice to her parents. After the cert petition was filed, however, the responded dismissed the underlying claims, leading the petitioner to claim the case was moot.

While a majority of the Court agreed that the case was moot and that the lower court opinion should be vacated, Justice Ketanji Brown Jackson disagreed. She authored a solo dissent from the Court's order suggesting her colleagues are too quick to invoke Munsingwear vacatur. Her brief opinion follows.

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