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

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.