SMITH v. PRESIDENT UNITED STATES OF AMERICA (2023)

United States Court of Appeals, Third Circuit.

Erich SMITH; Frank E. Garwood, Jr.; Maribel Lorenzo; Dr. Daniel Donofrio, Appellants v. PRESIDENT UNITED STATES OF AMERICA

No. 21-3091

Decided: August 10, 2023

Before: HARDIMAN, PORTER, and MATEY, Circuit Judges

Dana Wefer, Esq., Englewood Cliffs, NJ, for Appellants. Sarah W. Carroll, Esq., United States Department of Justice, Civil Division, Appellate Staff, Washington, DC, Angela Juneau, Esq., Office of United States Attorney, Newark, NJ, Casen Ross, Abby C. Wright, Esqs., United States Department of Justice, Civil Division, Washington, DC, J. Andrew Ruymann, Esq., Office of United States Attorney, Trenton, NJ, Charles W. Scarborough, Esq., United States Department of Justice, Appellate Section, Washington, DC, for President United States of America.

JUDGMENT ORDER

On May 17, 2023, Appellee moved to dismiss this appeal as moot. Having considered the parties' arguments, we conclude that the appeal is moot and dismissal is appropriate. We express no opinion on whether the case itself is moot, and leave that question for the District Court to consider on remand. Our decision is limited solely to the appeal of the denial of a preliminary injunction. It is accordingly hereby ORDERED that the appeal is dismissed and the matter REMANDED to the District Court for further proceedings.

Paul B. Matey, Circuit Judge

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