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Whole Woman’s Health v. Jackson
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 21-463 | 5th Cir. | Nov 1, 2021 | Dec 10, 2021 | 8-1 | Gorsuch | OT 2021 |
Holding: A pre-enforcement challenge under the federal Constitution to Texas Senate Bill 8 — the Texas Heartbeat Act — may proceed past the motion to dismiss stage against certain of the named defendants but not others; the order of the district court is affirmed in part and reversed in part, and the case is remanded.
Judgment: Affirmed in part, reversed in part, and remanded, 8-1, in an opinion by Justice Gorsuch on December 10, 2021. Justices Alito, Kavanaugh, and Barrett joined the opinion in full, and Justice Thomas joined except for Part II-C. Justice Thomas filed an opinion concurring in part and dissenting in part. Chief Justice Roberts filed an opinion concurring in the judgment in part and dissenting in part, in which Justices Breyer, Sotomayor, and Kagan joined. Justice Sotomayor filed an opinion concurring in the judgment in part and dissenting in part, in which Justices Breyer and Kagan joined.
SCOTUSblog Coverage
- Majority turns down request to send Texas abortion litigation back to federal district court (Amy Howe, January 20, 2022)
- Texas clinics ask justices to order 5th Circuit to send abortion case back to district court (Amy Howe, January 4, 2022)
- Court sends Texas abortion case back to 5th Circuit, rejecting challengers’ request to return case to district judge (Amy Howe, December 16, 2021)
- Court leaves Texas’ six-week abortion ban in effect and narrows abortion providers’ challenge (Amy Howe, December 10, 2021)
- Two cases. Three hours of arguments. Four sets of lawyers. Fifty mentions of abortion. One pair of red socks. (Mark Walsh, November 1, 2021)
- Court seems inclined to let abortion providers pursue their challenge to Texas law (Amy Howe, November 1, 2021)
- Supreme Court set to hear arguments in two challenges to Texas law that bans most abortions (Amy Howe, October 29, 2021)
- Supreme speed: The court puts abortion on the rocket docket (Mary Ziegler, October 25, 2021)
- Court won’t block Texas abortion ban but fast-tracks cases for argument on Nov. 1 (Amy Howe, October 22, 2021)
- Texas tells justices to leave abortion plan in place, but suggests overruling Roe and Casey (Amy Howe, October 21, 2021)
- Biden administration asks justices to block enforcement of Texas abortion law (Amy Howe, October 18, 2021)
- House voting, DNA testing, a coach’s praying, and abortion returning (Andrew Hamm, October 1, 2021)
- Texas abortion providers ask court to rule now on challenge to abortion ban (Amy Howe, September 23, 2021)
| Date | Proceedings and Orders |
|---|---|
| Sep 23 2021 | Petition for a writ of certiorari before judgment filed. (Response due October 28, 2021) |
| Sep 23 2021 | Motion to expedite consideration of the petition for a writ of certiorari before judgment filed by petitioners. |
| Oct 18 2021 | Petitioners’ motion to expedite consideration of the petition for a writ of certiorari before judgment is granted, and respondents are directed to file a response to the petition on or before noon on Thursday, October 21, 2021. |
| Oct 21 2021 | Brief of respondents in opposition filed. |
| Oct 21 2021 | Brief amicus curiae of Firearms Policy Coalition filed. |
| Oct 22 2021 | Petition for a writ of certiorari before judgment GRANTED. The briefs of the parties, limited to 13,000 words, are to be filed electronically on or before 5 p.m., Wednesday, October 27, 2021. Reply briefs, if any, limited to 6,000 words, are to be filed electronically on or before 5 p.m., Friday, October 29, 2021. Any amicus curiae briefs are to be filed electronically on or before 5 p.m., Wednesday, October 27, 2021. Booklet format briefs prepared in compliance with Rule 33.1 shall be submitted as soon as possible thereafter. The parties are not required to file a joint appendix. The case is set for oral argument on Monday, November 1, 2021. |
| Oct 22 2021 | ARGUMENT SET FOR Monday, November 1, 2021. |
| Oct 23 2021 | Blanket Consent filed by Respondent, Austin Reeve Jackson, et al. |
| Oct 24 2021 | Blanket Consent filed by Petitioner, Whole Woman's Health, et al. |
| Oct 25 2021 | Motion for divided argument filed by respondents. |
| Oct 25 2021 | Brief amicus curiae of California ProLife Council filed. (Distributed) |
| Oct 26 2021 | Brief amicus curiae of The Becket Fund for Religious Liberty filed (also in 21-588). VIDED. (Distributed) |
| Oct 26 2021 | Brief amici curiae of Leading Medical Organizations filed (also in 21-588). VIDED. (Distributed) |
| Oct 26 2021 | Motion for divided argument filed by respondents DENIED. |
| Oct 26 2021 | In lieu of filing separate briefs in both No. 21-463 and No. 21-588 (21A85), the state respondents may file a single opening brief, limited to 20,000 words, and a single reply brief, limited to 9,000 words. (Also in 21-588 [21A85]). |
| Oct 26 2021 | Brief amici curiae of Professors Adam Lamparello, Charles E. MacLean, and Brian Owsley filed. (Distributed) |
| Oct 27 2021 | Brief of petitioners Whole Woman's Health, et al. filed. (Distributed) |
| Oct 27 2021 | Consolidated brief of state respondents filed (also in 21-588). VIDED. (Distributed) |
| Oct 27 2021 | Brief of respondent Penny Clarkston filed. (Distributed) |
| Oct 27 2021 | Brief of respondent Mark Lee Dickson filed. (Distributed) |
| Oct 27 2021 | Brief amici curiae of Massachusetts, et al. filed (also in 21-588). VIDED. (Distributed) |
| Oct 27 2021 | Brief amicus curiae of Constitutional Accountability Center filed. (Distributed) |
| Oct 27 2021 | Brief amici curiae of Legal Scholars filed (also in 21-588). VIDED. (Distributed) |
| Oct 27 2021 | Brief amici curiae of Local Governments filed (also in 21-588). VIDED. (Distributed) |
| Oct 27 2021 | Amicus brief of Texas Medical Association not accepted for filing. (October 27, 2021--brief needs correction; resubmitted). |
| Oct 27 2021 | Amicus brief of Texas Medical Association not accepted for filing. (October 27, 2021--resubmitted brief needs correction) |
| Oct 27 2021 | Brief amici curiae of Constitutional Law, Federal Courts, Civil Rights, and Civil Procedure Scholars filed. (Distributed) |
| Oct 27 2021 | Brief amicus curiae of Firearms Policy Coalition filed. (Distributed) |
| Oct 27 2021 | Brief amici curiae of Lawyers' Committee for Civil Rights Under Law, et al. filed. (Distributed) |
| Oct 27 2021 | Brief amicus curiae of NAACP Legal Defense & Educational Fund, Inc. filed. |
| Oct 27 2021 | Brief amicus curiae of American Center for Law and Justice filed (also in 21-588). VIDED. (Distributed) |
| Oct 27 2021 | Brief amicus curiae of Life Legal Defense Foundation filed (also in 21-588). VIDED. (Distributed) |
| Oct 27 2021 | Brief amici curiae of 128 Current and Former Prosecutors and Law Enforcement Leaders, et al. filed (also in 21-588). VIDED. (Distributed) |
| Oct 27 2021 | Record on appeal available on PACER. The USDC, W. District of Texas - transcript of August 4, 2021 hearing electronically received. |
| Oct 29 2021 | Reply brief of petitioners Whole Woman's Health, et al. filed. (Distributed) |
| Oct 29 2021 | Consolidated reply brief of state respondents filed (also in 21-588). VIDED. (Distributed) |
| Oct 29 2021 | Reply brief of respondent Mark Lee Dickson filed. (Distributed) |
| Oct 29 2021 | Reply brief of respondent Penny Clarkston filed. (Distributed) |
| Nov 01 2021 | Argued. For petitioners: Marc A. Hearron, Washington, D. C. For respondents: Judd E. Stone, II, Solicitor General, Austin, Tex. |
| Dec 10 2021 | Adjudged to be AFFIRMED IN PART, REVERSED IN PART, and case REMANDED. Gorsuch, J., announced the judgment of the Court, and delivered the opinion of the Court except as to Part II–C. Alito, Kavanaugh, and Barrett, JJ., joined that opinion in full, and Thomas, J., joined except for Part II–C. Thomas, J., filed an opinion concurring in part and dissenting in part. Roberts, C. J., filed an opinion concurring in the judgment in part and dissenting in part, in which Breyer, Sotomayor, and Kagan, JJ., joined. Sotomayor, J., filed an opinion concurring in the judgment in part and dissenting in part, in which Breyer and Kagan, JJ., joined. |
| Dec 13 2021 | Application (21A220) to issue the judgment forthwith, submitted to Justice Gorsuch. |
| Dec 13 2021 | Response to application from respondents Stephen Carlton, et al. filed. |
| Dec 14 2021 | Reply of applicants Whole Woman's Health, et al. filed. |
| Dec 14 2021 | Letter from applicants regarding reply received. |
| Dec 14 2021 | Response to application from respondents Mark Lee Dickson, et al. filed. |
| Dec 16 2021 | JUDGMENT ISSUED. |
| Dec 16 2021 | Application (21A220) for an order to issue the judgment forthwith granted by Justice Gorsuch, and the judgment is issued to the United States Court of Appeals for the Fifth Circuit. |
