Justice Ketanji Brown Jackson dissents in abortion case

[In It to Win It]

POLITICO

Justice Ketanji Brown Jackson dissented Monday as the Supreme Court wiped out a federal appeals court ruling that upheld the right of a minor to go to court to obtain permission to seek an abortion without parental notification.

That lower court decision, issued last April by the St. Louis-based 8th U.S. Circuit Court of Appeals, seems moot as a result of the Supreme Court’s momentous Dobbs ruling last June that overturned Roe v. Wade and ended the federal constitutional right to abortion.

The high court’s order Monday directed the appeals court to vacate the judgment in the case out of Missouri and declare it moot.

The Supreme Court issued no opinion or detailed explanation for its action. However, Jackson penned a solo, four-page dissent arguing that the justices have become too liberal in granting requests from parties to nullify rulings issued by lower courts.

“This case presents absolutely no ‘extraordinary’ circumstances” justifying vacating the lower court’s decision, wrote Jackson, President Joe Biden’s only appointee on the high court.

“In my view, it is crucial that we hold the line and limit the availability of Munsingwear vacatur to truly exceptional cases,” she added, referring to a key precedent on when such action is appropriate.

Link to tweet

Mark Joseph Stern
@mjs_DC

In today's Supreme Court orders, Justice Jackson has a solo dissent expressing concern about the "sharp uptick" in "Munsingwear vacaturs"—when SCOTUS vacates a lower court decision that became moot on appeal. Many law profs have raised this concern, too. https://supremecourt.gov/orders/courtorders/032023zor_8nk0.pdf

SCOTUS used Munsingwear vacatur to clear away a number of controversial lower court decisions in the Trump era—including a travel ban ruling and the Jane Doe abortion ruling. Looked like a compromise: A liberal decision gets wiped off the books, but no precedent gets established.

Justice Jackson was concerned about overuse of Munsingwear vacatur during her stint on the D.C. Circuit, too. (h/t @MikeSacksEsq) https://fingfx.thomsonreuters.com/gfx/legaldocs/dwvkrldzypm/cadc-kbj-2022.pdf

There was also a really good NYT piece in November warning about SCOTUS' abuse of Munsingwear vacatur:

Opinion | How the Supreme Court Is Erasing Consequential Decisions in the Lower Courts

[Yo_Mama_Been_Loggin]

1. K&R

[Polybius]

2. Can someone explain in simple English for dummies?

I don't know what "Munsingwear vacatur" even means.

[ChazII]

3. Thank you for asking your question.

I don't know what the term means.

[Polybius]

4. A shame no one responded

I'm still curious.