Benjamin B. Johnson
Article
A History of Vacatur
This Article traces vacatur from English and early American practice to the Supreme Court’s modern uses. Historically used for docket management, remedy after reversal, or judgment for procedural defects, modern vacatur (including GVRs, Munsingwear, and vacating without judgment) expands the Court’s policymaking powers in ways that test Article III’s limits.
Jan 31, 2026