Anderson v. Green, 513 U.S. 557, 4 (1995) (per curiam)

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560

ANDERSON v. GREEN

Per Curiam

In view of the impediment to dispositive adjudication, we direct the vacation of prior judgments in this case. As we explained earlier this Term, in deciding whether to disturb prior judgments in a case rendered nonjusticiable, we have inquired, pivotally, "whether the party seeking relief from the judgment below caused the [nonjusticiability] by voluntary action." U. S. Bancorp Mortgage Co. v. Bonner Mall Partnership, ante, at 25. Unlike settlement, see ibid., or a losing party's decision to forgo appeal, see Karcher v. May, 484 U. S. 72, 83 (1987), California's loss of the federal approval necessary to implement its program was not voluntary. Vacatur is appropriate, therefore, to "clea[r] the path for future relitigation of the issues between the parties and [to] eliminat[e] a judgment, review of which was prevented through happenstance." United States v. Munsingwear, Inc., 340 U. S. 36, 40 (1950).

Accordingly, the judgment of the United States Court of Appeals is vacated, and the case is remanded to that court with directions to order the vacation of the District Court's judgment and the dismissal of the case.

It is so ordered.

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