bancorp mortg bonner mall argued october decided november granted petition writ certiorari received briefing merits parties entered settlement agreed case thereby mooted petitioner however also requested exercise power vacate judgment appeals respondent opposed motion held lack power entertain petitioner motion vacate section supplies vacatur power respondent suggestion rejected article iii case controversy requirement prohibits exercise power live dispute exists due settlement mooted case although article iii prevents considering merits judgment become moot awaiting review may nevertheless make disposition whole case justice may require walling reuter pp mootness reason settlement justify vacatur federal civil judgment review munsingwear subsequent cases distinguished equitable principles always implicit exercise vacatur power principal equitable factor looked whether party seeking vacatur caused mootness voluntary action mootness results settlement losing party voluntarily forfeited legal remedy ordinary processes appeal certiorari thereby surrendering claim extraordinary equitable remedy vacatur irrelevant party also agreed settlement page ii since losing party burden demonstrating equitable entitlement vacatur result supported public interest orderly operation federal judicial system petitioner countervailing policy arguments persuasive although exceptional circumstances may conceivably justify vacatur mootness results settlement circumstances include mere fact settlement agreement provides vacatur pp scalia delivered opinion unanimous bancorp mortg bonner mall justice scalia delivered opinion question case whether appellate courts federal system vacate civil judgments subordinate courts cases settled appeal filed certiorari sought day sale bonner filed petition chapter bankruptcy code et bankruptcy district idaho filed reorganization plan depended new value exception absolute priority rule bancorp moved suspend automatic bancorp mortg bonner mall stay foreclosure imposed arguing bonner plan unconfirmable matter law number reasons including unavailability new value exception bankruptcy eventually granted motion concluding new value exception survived enactment bankruptcy code stayed order pending appeal bonner district district idaho reversed bonner mall partnership bancorp took appeal turn appeals ninth circuit affirmed bonner mall partnership bancorp petitioned writ certiorari granted petition received briefing merits bancorp bonner stipulated consensual plan reorganization received approval bankruptcy parties agreed confirmation plan constituted settlement mooted case bancorp however also requested exercise power vacate judgment appeals bonner opposed motion set vacatur question briefing argument ii bancorp mortg bonner mall statute supplies power vacatur provides appellate jurisdiction may affirm modify vacate set aside reverse judgment decree order lawfully brought review may remand cause direct entry appropriate judgment decree order require proceedings may circumstances article iii prescribe paralysis judgment become moot awaiting review may consider merits may make disposition whole case justice may require walling reuter bancorp mortg bonner mall matters judicial administration practice reasonably ancillary primary function federal courts chandler judicial council tenth circuit harlan concurring denial writ congress may authorize us enter orders necessary appropriate final disposition suit us review see mistretta see also scalia dissenting iii leading case vacatur munsingwear sought injunctive monetary relief violation price control regulation damages claim held abeyance pending decision injunction district held respondent prices complied regulations dismissed complaint appeal pending commodity issue decontrolled respondent request case dismissed moot disposition acquiesced respondent obtained dismissal damages action ground res judicata took case review ruling protested unfairness according preclusive effect decision tried appeal saw unfairness reasoning asked appeals vacate district decision appeal dismissed stated established practice dealing civil case federal system become moot way pending decision merits reverse vacate judgment remand direction dismiss explained vacatur bancorp mortg bonner mall clears path future relitigation issues parties eliminates judgment review prevented happenstance finding slept rights affirmed parties present case agree vacatur must decreed judgments whose review words munsingwear prevented happenstance say controversy presented review become moot due circumstances unattributable parties karcher may also agree vacatur must granted mootness results unilateral action party prevailed lower contested question whether courts vacate mootness results settlement centerpiece petitioner argument munsingwear procedure already held apply cases munsingwear description established practice argument runs drew distinctions categories moot cases opinions later cases granting vacatur reiterated breadth rule see great western sugar nelson per curiam least cases specifically involved mootness reason settlement see lake coal roberts schaeffer per curiam munsingwear practice bear weight present case begin portion justice douglas opinion munsingwear describing established practice vacatur dictum needful decision proposition vacatur sought necessarily granted moreover munsingwear acknowledged see established practice addition unconsidered entirely uniform bancorp mortg bonner mall least three cases dismissed mootness without vacatur within four terms preceding munsingwear see schenley distilling anderson per curiam practice uniform petitioner claims see allen pacific dunlop holdings minnesota newspaper postmaster general luke federation nurses health professionals lukes medical center course decisions granting vacatur denying per curiam single exception karcher may supra declined vacate seems us prime occasion invoking customary refusal bound dicta mccray illinois customary skepticism towards per curiam dispositions lack reasoned consideration full opinion see edelman jordan today examine vacatur light shed adversary presentation principles always implicit treatment moot cases counsel extending munsingwear settlement beginning disposed moot cases manner consonant justice view nature character conditions caused case become moot quoting south bancorp mortg bonner mall spring hill gold mining amador medean gold mining principal condition looked whether party seeking relief judgment caused mootness voluntary action see supra remanding moot case dismissal ends justice exact judgment permitted stand without fault petitioner power review upon merits heitmuller stokes remanding dismissal without fault plaintiff error defendant error proceedings caus ed case become moot reference happenstance munsingwear must understood allusion equitable tradition vacatur party seeks review merits adverse ruling frustrated vagaries circumstance fairness forced acquiesce judgment see supra true mootness results unilateral action party prevailed see walling heitmuller supra mootness results settlement however losing party voluntarily forfeited legal remedy ordinary processes appeal certiorari thereby surrendering claim equitable bancorp mortg bonner mall remedy vacatur judgment unreviewable simply unreviewed choice denial vacatur merely one application principle suitor conduct relation matter hand may disentitle relief seeks sanders citing fay noia respects case stands differently jurisdiction lacking losing party failed appeal karcher may two state legislators acting capacities presiding officers legislature appealed federal judgment invalidated state statute constitutional grounds jurisdictional statement filed legislators lost posts successors office withdrew appeal holding lacked jurisdiction want proper appellant dismissed legislators argued judgments vacated munsingwear denied request noting controversy become moot due circumstances unattributable parties controversy ended losing party state legislature declined pursue appeal accordingly munsingwear procedure inapplicable case karcher true course respondent agreed settlement caused mootness petitioner argues vacatur therefore fair respondent seeks distinguish prior cases ground misconceives emphasis fault decisions parties jointly responsible settling may sense put even footing petitioner case needs respondent petitioner burden party seeking relief status quo appellate judgment demonstrate merely equivalent responsibility mootness bancorp mortg bonner mall equitable entitlement extraordinary remedy vacatur petitioner voluntary forfeiture review constitutes failure equity makes burden decisive whatever respondent share mooting case might always federal courts contemplate equitable relief holding must also take account public interest judicial precedents presumptively correct valuable legal community whole merely property private litigants stand unless concludes public interest served vacatur izumi seimitsu kogyo kabushiki kaisha phillips slip stevens dissenting congress prescribed primary route appeal right certiorari parties may seek relief legal consequences judicial judgments allow party steps statutory path employ secondary remedy vacatur refined form collateral attack judgment quite apart considerations fairness parties disturb orderly operation federal judicial system munsingwear establishes public interest best served granting relief demands orderly procedure honored think conversely public interest requires demands honored petitioner advances two arguments meant justify vacatur systemic grounds first appellate judgments cases consented review writ certiorari reversed often affirmed therefore suspect vacated sort prophylactic legal error seems us inappropriate however vacate mooted cases constitutional power decide merits basis assumptions merits second bancorp mortg bonner mall petitioner suggests acating moot decision thereby leaving issue temporarily unresolved circuit facilitate ultimate resolution issue encouraging continued examination debate brief petitioner found however debate among courts appeal sufficiently illuminates questions come us review value additional debate seems us far outweighed benefits flow litigants public resolution legal questions final policy justification urged petitioner facilitation settlement resulting economies federal courts availability vacatur may facilitate settlement judgment review rendered certiorari granted appeal filed may deter settlement earlier stage litigants least may think worthwhile roll dice rather settle district appeals unfavorable outcome washed away vacatur judicial economies achieved settlement level ordinarily much extensive achieved settlement appeal find quite impossible assess effect holding either way upon frequency systemic value settlement although case us involves motion vacate reason settlement judgment appeals course consequential vacation underlying judgment district appropriate discuss relevance holding motions appeals level vacatur judgments opinions suggested vacatur motions level freely granted since judgments subject review right see manufacturers hanover bancorp mortg bonner mall trust yanakas obviously factor affect primary basis denying vacatur whether appellate seizure case consequence appellant right petitioner good luck bearing upon lack equity litigant voluntarily abandoned review point proposed distinction judgments subject review right likely overturned hence presumptively less valid assert inappropriateness disposing cases whose merits beyond judicial power consider basis judicial estimates regarding merits moreover petitioner argument described two paragraphs points reversal rate cases grants certiorari precondition vacatur double reversal rate appeals courts appeal see jill fisch rewriting history propriety eradicating prior decisional law settlement vacatur cornell rev citing studies hold mootness reason settlement justify vacatur judgment review say vacatur never granted mootness produced fashion described determination equitable one exceptional circumstances may conceivably counsel favor course clear discussion however exceptional circumstances include mere fact settlement agreement provides vacatur neither diminishes voluntariness abandonment review alters policy considerations discussed course even absence considering existence extraordinary circumstances appeals presented request vacatur bancorp mortg bonner mall judgment may remand case instructions district consider request may pursuant federal rule civil procedure ordered footnotes bancorp mortg bonner mall solicitor general filed amicus brief support petitioner apparently distinguish unvacated cases ground dismissal pursuant rule predecessor provides dismissal parties agre exception vacatur mootness mentioned munsingwear may add see reason policy commend thus stand munsingwear dictum mootness happenstance provides sufficient reason vacate whether principle correctly applied circumstances case another matter suit injunctive relief munsingwear became moot appeal regulations sought enforced annulled executive order see fleming munsingwear express view munsingwear implicit conclusion repeal administrative regulations fairly attributed executive branch litigates name page