No. 25-830

Adam Kanuszewski, et al. v. Sandip Shah, et al.

Lower Court: Sixth Circuit
Docketed: 2026-01-13
Status: Pending
Type: Paid
Response Waived
Tags: article-iii fourth-amendment genetic-privacy informed-consent merits-precedent mootness
Key Terms:
SocialSecurity FourthAmendment Privacy JusticiabilityDoctri
Latest Conference: N/A
Question Presented (from Petition)

Article III confines federal courts to live cases or controversies. When claims become moot on appeal, this Court has long required vacatur —not a merits decision. United States v. Munsingwear, Inc., 340 U.S. 36 (1950). The Sixth Circuit defied that rule. The departure clashes with Article III.

The decision below also approves a regime allowing state officials and their partners to indefinitely retain and exploit the genetic and medical data of nearly every newborn without informed consent in perhaps the largest compulsory genetic database ever assembled. That holding cannot be reconciled with this Court's Fourth Amendment jurisprudence recognizing profound privacy interests in such data.

The questions presented are:

1. Whether a court of appeals may issue binding merits precedent on constitutional claims after those claims have become moot during appeal as a result of the government's compliance with a permanent injunction, contrary to Article III and United States v. Munsingwear, Inc., 340 U.S. 36 (1950).

2. Whether the Fourth Amendment permits a State, without informed parental consent, to indefinitely retain and use newborns' highly-private genetic and medical data after the screening for which the samples were involuntarily compelled has concluded.

Question Presented (AI Summary)

Whether a court of appeals may issue binding merits precedent on constitutional claims after those claims have become moot during appeal, and whether the Fourth Amendment permits a State to indefinitely retain and use newborns' highly-private genetic and medical data without informed parental consent

Docket Entries

2026-02-09
Waiver of right of respondents Michigan Neonatal Biobank and Christopher Krause to respond filed.
2026-02-03
Waiver of right of respondents Sandip Shah, Sarah Lyon-Callo, Mary Kleyn, and Elizabeth Hertel to respond filed.
2026-01-09
Petition for a writ of certiorari filed. (Response due February 12, 2026)
2025-10-15
Application (25A424) granted by Justice Kavanaugh extending the time to file until January 9, 2026.
2025-10-09
Application (25A424) to extend the time to file a petition for a writ of certiorari from November 10, 2025 to January 9, 2026, submitted to Justice Kavanaugh.

Attorneys

Adam Kanuszewski, et al.
Philip Lee EllisonOutside Legal Counsel PLC, Petitioner
Michigan Neonatal Biobank and Christopher Krause
Jeremy C. KennedyPear Sperling Eggan & Daniels, P.C., Respondent
Sandip Shah, Sarah Lyon-Callo, Mary Kleyn, and Elizabeth Hertel
Ann Maurine ShermanMichigan Department of Attorney General, Respondent