The Supreme Court on Monday erased a lower-court ruling that had held a county court clerk was liable for telling a teen seeking a judge’s permission to bypass a parental consent law before obtaining an abortion that her parent would be notified anyway.
The decision to vacate the ruling drew a rebuke from Justice Ketanji Brown Jackson, who argued that the high court is using what’s known as the “Munsingwear vacatur” procedure too often.
Justice Jackson said she’s seen “a sharp uptick” in Munsingwear vacaturs, which she said distorts the system of precedents and appeals that federal courts are supposed to rely on. Michelle Chapman, the clerk of the circuit court in Randolph County, had said she would still notify the girl’s parents. She had appealed to the justices, but before they could take up the case the parties agreed it had become moot and should be dismissed.For one thing, she said, Ms. Chapman was part of the reason the case became moot since she agreed to its dismissal in lower courts.
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