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Douglas B. Moylan, Attorney General of Guam v. Guam Society of Obstetrician and Gynecologists, et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 23-15602 · judgment April 28, 2025


2%
estimated cert probability
(petition-stage, structural)

Well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

For more than thirty years, a federal injunction has prohibited enforcement of Guam Public Law 20-134 based solely on Roe v. Wade, 410 U.S. 113 (1973). In Dobbs v. Jackson Women’s Health Org., this Court overruled Roe and held that the Constitution does not confer a right to abortion. 597 U.S. 215, 292 (2022). Following Dobbs, Guam’s Attorney General moved under Federal Rule of Civil Procedure 60(b)(5) to vacate the injunction. The district court denied relief, but the court of appeals dismissed the appeal as moot. The question presented is: Whether a federal court may dismiss as moot a Rule 60(b)(5) challenge to an ongoing permanent injunction resting entirely upon constitutional precedent that this Court has expressly overruled.

Counsel of record

For petitioner
Gonzalo Alberto Gayoso
Office of the Attorney General of Guam

For respondent
Anita P. Arriola
Arriola Law Firm

Case

Conference history
Distributed for 1 conference

Linked docket
25A1247

Proceedings

  1. Sep 18 2026
    Motion to extend the time to file a response is granted and the time is extended to and including November 24, 2026, for all respondents.
  2. Sep 17 2026
    Motion of Governor Lourdes A. Leon Guerrero to extend the time to file a response from September 25, 2026 to November 24, 2026, submitted to The Clerk.
  3. Sep 16 2026
    Motion to extend the time to file a response is granted and the time is extended to and including November 24, 2026.
  4. Sep 14 2026
    Motion to extend the time to file a response from September 25, 2026 to November 24, 2026, submitted to The Clerk.
  5. Aug 26 2026
    Response Requested. (Due September 25, 2026)
  6. Aug 19 2026
    DISTRIBUTED for Conference of 9/28/2026.
  7. Jul 29 2026
    Waiver of right of respondent Dr. William Freeman to respond filed.
  8. Jul 01 2026
    Petition for a writ of certiorari filed. (Response due August 6, 2026)
  9. May 13 2026
    Application (25A1247) granted by Justice Kagan extending the time to file until July 3, 2026.
  10. Apr 24 2026
    Application (25A1247) to extend the time to file a petition for a writ of certiorari from May 4, 2026 to July 3, 2026, submitted to Justice Kagan.