South Wind Women's Center v. Stitt

Summary

In an interlocutory appeal challenging a preliminary injunction that blocked Oklahoma's COVID-19 executive order restricting abortions, the Tenth Circuit held the appeal was moot after the order expired and declined to vacate the injunction. Following the usual practice for interlocutory appeals, the court dismissed the appeal as moot without vacating the district court's order, even though the mootness was not caused by the appellant's intentional evasion. The decision preserves the preliminary injunction and leaves further proceedings, including potential claims for permanent relief and attorneys' fees, for the district court to determine.

Holdings

1. The appeal is moot because the Executive Order's abortion restrictions expired, so a decision on the merits would have no real-world effect.
2. The court should follow the usual practice in interlocutory appeals and dismiss the appeal as moot without vacating the injunction order.

Questions Presented

1. Whether the appeal is moot because the Executive Order's abortion restrictions expired.
2. Whether to vacate the preliminary injunction upon dismissal of the moot appeal.

Disposition

dismissed