A dissent from Justice Jackson criticized the Court's growing use of summary orders to wipe away lower-court rulings after appeals become moot. If anything, she understated the problems.
I am still having trouble wrapping my mind around what exactly a Munsingwear Vacautr DOES. Could you create some hypotheticals (perhaps along the lines of Joyce Vance's Chicken explanation of conspiracy law) that show its use in a) situations where the equities demand it) and b) situations where the equities don't really?
What action in your example of A and B ends up mooting the appeal? When a higher court vacates the lower court decision, does that allow the parties to litigate again, thus preserving rights to appeal?
20. "Munsingwear Vacaturs"
I am still having trouble wrapping my mind around what exactly a Munsingwear Vacautr DOES. Could you create some hypotheticals (perhaps along the lines of Joyce Vance's Chicken explanation of conspiracy law) that show its use in a) situations where the equities demand it) and b) situations where the equities don't really?
I’m with Susan Linehan, more examples please.
What action in your example of A and B ends up mooting the appeal? When a higher court vacates the lower court decision, does that allow the parties to litigate again, thus preserving rights to appeal?