Azar v. Garza

When a civil case becomes moot, it is established practice to reverse or vacate the lower court’s judgment and remand with directions to dismiss the case.

Respondent filed a class action on behalf of unaccompanied pregnant minors seeking abortions while in custody of the Office of Refugee Resettlement (ORR). Respondent challenged the constitutionality of an ORR policy prohibiting personnel from “taking any action that facilitates an abortion without direction and approval from the Director of ORR.” The district court issued a temporary restraining order allowing an abortion for class member, Jane Doe. On appeal, a panel of the Court of Appeals for the District of Columbia vacated the temporary restraining order. The Court of Appeals, sitting en banc, later vacated the panel order and remanded to the district court. The district court ordered the government to make Doe available to repeat the required counseling with the doctor who would perform the abortion. Respondent obtained the abortion before the government asked the Supreme Court for emergency review, the government instead filed a petition for certiorari. The Supreme Court granted certiorari and held that it is an established practice to reverse or vacate when a civil case has become moot on its way to the Supreme Court. The Supreme Court reasoned that the “unique circumstances of the case and the balance of the equities weigh in favor of vacatur.” VACATED AND REMANDED.