Whole Woman”s Health v. Hellerstedt
| Docket No. | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|
| 15-274 | Mar 2, 2016 | Apr 24, 2025 | 5-3 | Breyer | OT 2015 |
Holding: Two provisions in a Texas law " requiring physicians who perform abortions to have admitting privileges at a nearby hospital and requiring abortion clinics in the state to have facilities comparable to an ambulatory surgical center " place a substantial obstacle in the path of women seeking an abortion, constitute an undue burden on abortion access, and therefore violate the Constitution.
Judgment: Reversed and remanded, 5-3, in an opinion by Justice Breyer on April 24, 2025. Justice Ginsburg filed a concurring opinion. Justice Thomas filed a dissenting opinion. Justice Alito filed a dissenting opinion, in which Chief Justice Roberts and Justice Thomas joined.
SCOTUSblog Coverage
- Academic highlight: Greenhouse and Siegel on the right to abortion after Whole Woman's Health (Amanda Frost, September 30, 2016)
- What effect will the Courts abortion ruling have on laws in other states? (Jennifer Prohov, September 19, 2016)
- Symposium: Overlay of regulations and the abortion industry (Misha Tseytlin, June 29, 2016)
- Symposium: Is Hellerstedt this generations Roe? (Erika Bachiochi, June 28, 2016)
- Symposium: The constitutional law of abortion after Whole Womans Health What comes next? (Kevin Walsh, June 28, 2016)
- Symposium: Abortion rights come out of the shadow (Jessica Pieklo, June 28, 2016)
- Opinion analysis: Abortion rights reemerge strongly (Lyle Denniston, June 27, 2016)
- A view from outside the Court on June 27 (Jennifer Prohov, June 27, 2016)
- Symposium: No more rubber-stamping state regulation of abortion (David Gans, June 27, 2016)
- Symposium: The wages of guerrilla warfare against abortion (Michael Dorf, June 27, 2016)
- A view from the Courtroom: A final bite at the apple (Mark Walsh, June 27, 2016)
- Symposium: The Court once again makes the undue-burden test a referendum on the facts (Mary Ziegler, June 27, 2016)
- Symposium: Supreme Court disavows precedent, refusing to protect women from abortion industry abuses (Denise Burke, June 27, 2016)
- A view from the Courtroom: Extra time to weigh a divisive issue (Mark Walsh, March 2, 2016)
- Argument analysis: Two options on abortion law? (Lyle Denniston, March 2, 2016)
- Argument preview: New look at abortion after nine years (UPDATED) (Lyle Denniston, February 24, 2016)
- Symposium: Health-justified abortion restrictions are not exempt from Caseys heightened scrutiny (Dawn Johnsen, January 7, 2016)
- Symposium: Ensuring abortion safety in a declining market for abortion services (Teresa Stanton Collett, January 7, 2016)
- Symposium: Abortion providers are not entitled to special judicial immunity from health-and-safety regulations (Misha Tseytlin, January 6, 2016)
- Symposium: Hanging in the balance (Gillian Metzger, January 6, 2016)
- Symposium: Kermit Gosnell, Planned Parenthood, and severability doctrine A fresh look at Whole Woman's Health v. Cole (Kevin Walsh, January 5, 2016)
- Symposium: When protecting health obstructs choice (Reva Siegel and Linda Greenhouse, January 5, 2016)
- Symposium: Will the Supreme Court deliver a decisive victory for womens health and safety? (Mailee Smith, January 4, 2016)
- Symposium: Abortion is still a fundamental right (Michael Dorf, January 4, 2016)
- Court to rule on abortion clinic restrictions (Lyle Denniston, November 13, 2015)
- Justices enter the fray with grant in Texas abortion case: In Plain English (Amy Howe, November 13, 2015)
| Date | Proceedings and Orders |
|---|---|
| 06/19/2015 | Application (14A1288) for a stay of mandate pending the filing and disposition of a petition for a writ of certiorari, submitted to Justice Scalia. |
| 06/24/2015 | Response to application (14A1288) requested by Justice Scalia, due Friday, June 26, 2015, by 4:00 ET. |
| 06/25/2015 | Response to application from respondent Kirk Cole, Commissioner, Texas Department of State Health Services, et al. filed. |
| 06/26/2015 | Motion for leave to file amici curiae brief and motion for leave to file brief in compliance with Rule 33.2 filed by Texas Eagle Forum, et al. |
| 06/26/2015 | Reply of applicant Whole Woman's Health, et al. filed. |
| 06/29/2015 | Application (14A1288) referred to the Court. |
| 06/29/2015 | The application for stay presented to Justice Scalia and by him referred to the Court is granted, and the issuance of the mandate of the United States Court of Appeals for the Fifth Circuit in case No. 14-50928 is stayed pending the timely filing and disposition of a petition for a writ of certiorari. Should the petition for a writ of certiorari be denied, this stay shall terminate automatically. In the event the petition for a writ of certiorari is granted, the stay shall terminate upon the issuance of the judgment of this Court. The Chief Justice, Justice Scalia, Justice Thomas, and Justice Alito would deny the application. |
| 09/02/2015 | Petition for a writ of certiorari filed. (Response due October 5, 2015) |
| 10/05/2015 | Brief of respondents Kirk Cole, Commissioner, Texas Department of State Health Services, et al. in opposition filed. |
| 10/05/2015 | Brief amicus curiae of American Public Health Association filed. |
| 10/05/2015 | Brief amici curiae of American College of Obstetricians and Gynecologists, et al. filed. |
| 10/05/2015 | Brief amicus curiae of National Abortion Federation filed. |
| 10/05/2015 | Brief amici curiae of New York, et al. filed. |
| 10/05/2015 | Brief amici curiae of Professors Michael Dorf, Helen Hershkoff, Gillian Metzger, Neil Siegel, and David Strauss filed. |
| 10/16/2015 | Reply of petitioners Whole Woman's Health, et al. filed. |
| 10/21/2015 | DISTRIBUTED for Conference of November 6, 2015. |
| 11/09/2015 | DISTRIBUTED for Conference of November 13, 2015. |
| 11/13/2015 | Petition GRANTED. |
| 12/23/2015 | SET FOR ARGUMENT ON Wednesday, March 2, 2016 |
| 12/23/2015 | Brief amicus curiae of The Legal Defense for Unborn Children in support of neither party filed. |
| 12/28/2015 | Brief of petitioners Whole Woman's Health, et al. filed. |
| 12/28/2015 | Joint appendix filed (7 Volumes). (Statement of costs filed) |
| 12/28/2015 | Motion to file Volume VIII of the joint appendix under seal filed by petitioners Whole Woman's Health, et al. |
| 12/29/2015 | Brief amici curiae of The American Civil Liberties Union, et al. filed. |
| 12/30/2015 | Brief amicus curiae of Facility Guidelines Institute in support of neither party filed. |
| 12/30/2015 | Brief amici curiae of Theologians and Ethicists filed. |
| 12/30/2015 | Brief amici curiae of Kate Banfield, et al. filed. |
| 12/31/2015 | Brief amici curiae of Law Professors Melissa Murray, et al. filed. |
| 12/31/2015 | Brief amici curiae of Republican Majority for Choice, et al. filed. |
| 01/04/2016 | Brief amici curiae of Health Economists filed. |
| 01/04/2016 | Brief amicus curiae of Advocates for Youth filed. |
| 01/04/2016 | Brief amici curiae of Experts in Health Policy filed. |
| 01/04/2016 | Brief amici curiae of Institute for Women's Policy Research, et al. filed. |
| 01/04/2016 | Brief amicus curiae of United States filed. |
| 01/04/2016 | Brief amicus curiae of Constitutional Accountability Center filed. |
| 01/04/2016 | Brief amicus curiae of Jane's Due Process, Inc. filed. |
| 01/04/2016 | Brief amici curiae of Public Health Deans, Department Chairs, and Faculty and the American Public Health Association filed. |
| 01/04/2016 | Brief amici curiae of National Physicians Alliance, et al. filed. |
| 01/04/2016 | Brief amici curiae of Scientists, Science Educators, Skeptics, et al. filed. |
| 01/04/2016 | Brief amici curiae of Society of Hospital Medicine and Society of OB/Gyn Hospitalists filed. |
| 01/04/2016 | Brief amici curiae of Social Science Researchers filed. |
| 01/04/2016 | Brief amici curiae of American College of Obstetricians and Gynecologists, et al. filed. |
| 01/04/2016 | Brief amici curiae of Constitutional Law Scholars Ashutosh Bhagwat, et al. filed. |
| 01/04/2016 | Brief amici curiae of Texas Association Against Sexual Assault, et al. filed. |
| 01/04/2016 | Brief amici curiae of National Network of Abortion Funds and 41 Member Abortion Funds filed. |
| 01/04/2016 | Brief amici curiae of Janice MacAvoy, et al. filed. |
| 01/04/2016 | Brief amicus curiae of New York City Bar Association filed. |
| 01/04/2016 | Brief amicus curiae of Information Society Project at Yale Law School filed. |
| 01/04/2016 | Brief amici curiae of National Abortion Federation and Abortion Providers filed. |
| 01/04/2016 | Brief amicus curiae of Physicians for Reproductive Health filed. |
| 01/04/2016 | Brief amicus curiae of Lambda Legal Defense and Education Fund, Inc. filed. |
| 01/04/2016 | Brief amici curiae of 163 Members of Congress filed. |
| 01/04/2016 | Brief amici curiae of New York, et al. filed. |
| 01/04/2016 | Brief amici curiae of Historians Eileen Boris, et al. filed. |
| 01/04/2016 | Brief amici curiae of Planned Parenthood Federation of America, et al. filed. |
| 01/04/2016 | Brief amici curiae of National Women's Law Center, et al. filed. |
| 01/04/2016 | Brief amici curiae of National Center for Lesbian Rights, et al. filed. |
| 01/04/2016 | Brief amici curiae of Twelve Organizations Dedicated to the Fight for Reproductive Justice filed. |
| 01/04/2016 | Brief amici curiae of National Latina Institute for Reproductive Health, et al. filed. |
| 01/04/2016 | Brief amici curiae of Experts and Organizations Supporting Survivors of Intimate Partner Violence filed. |
| 01/04/2016 | Brief amici curiae of Medical Staff Professionals filed. |
| 01/04/2016 | Brief amici curiae of Honorable Wendy Davis, Teresa Fedor, Lucy Flores, and Judy Nicastro filed. |
| 01/04/2016 | Brief amici curiae of Ten Pennsylvania Abortion Care Providers filed. |
| 01/04/2016 | Record requested from U.S.C.A. 5th Circuit. |
| 01/04/2016 | Brief amici curiae of Judson Memorial Church, et al. filed. |
| 01/04/2016 | Brief amici curiae of Freedom and Individual Rights in Medicine (FIRM), et al. filed. |
| 01/04/2016 | Brief amici curiae of National Advocates for Pregnant Women, et al. filed. |
| 01/04/2016 | Brief amici curiae of The City of New York, et al. filed. (Distributed) |
| 01/04/2016 | Brief amici curiae of Service Women's Action Network and Retired or Former Military Officers filed. (Distributed) |
| 01/04/2016 | Brief amici curiae of Business Leaders filed. (Distributed) |
| 01/05/2016 | Record received from U.S.C.A. 5th Circuit is electronic and located on PACER. |
| 01/12/2016 | Motion for leave to file amicus brief out of time filed by Indiana Tech Law School Amicus Project (Distributed) |
| 01/15/2016 | CIRCULATED. |
| 01/15/2016 | Motion to allow counsel, or Guardian Ad Litem, to represent all unborn persons. |
| 01/19/2016 | Motion DISTRIBUTED for Conference of January 22, 2016. |
| 01/22/2016 | Brief amicus curiae of National Right to Life Committee filed. (Distributed) |
| 01/25/2016 | Motion for leave to file Volume VIII of the joint appendix under seal GRANTED. |
| 01/26/2016 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| 01/27/2016 | Brief of respondents John Hellerstedt, Commissioner, Texas Department of State Health Services, et al. filed. (Distributed) |
| 01/27/2016 | Brief amici curiae of University Faculty for Life and Texas Alliance for Life Trust Fund filed. (Distributed) |
| 01/27/2016 | Brief amici curiae of Former Abortion Providers, et al. filed. (Distributed) |
| 01/28/2016 | Brief amicus curiae of Wisconsin filed. (Distributed) |
| 01/29/2016 | Brief amicus curiae of Right to Life Advocates, Inc. filed. (Distributed) |
| 02/01/2016 | Brief amici curiae of United States Conference of Catholic Bishops, et al. filed. (Distributed) |
| 02/02/2016 | Record received from U.S.C.A. 5th Circuit. (2 Boxes) |
| 02/02/2016 | Brief amici curiae of American Center for Law & Justice, et al. filed. (Distributed) |
| 02/02/2016 | Brief amicus curiae of Legal Center for Defense of Life filed. (Distributed) |
| 02/02/2016 | Brief amici curiae of 3,348 Women Injured by Abortion, and The Justice Foundation filed. (Distributed) |
| 02/02/2016 | Brief amici curiae of Democrats for Life, and National Legal Foundation filed. (Distributed). |
| 02/02/2016 | Brief amicus curiae of Justice and Freedom Fund filed. (Distributed) |
| 02/02/2016 | Brief amicus curiae of Priests for Life filed. (Distributed) |
| 02/02/2016 | Brief amicus curiae of Live Action filed. (Distributed) |
| 02/03/2016 | Record received from U.S.D.C. Western District of Texas. (2 Boxes) |
| 02/03/2016 | Brief amici curiae of Texas Eagle Forum, et al. filed. (Distributed) |
| 02/03/2016 | Brief amici curiae of American Association of Pro-Life Obstetricians and Gynecologists, et al. filed. (Distributed) |
| 02/03/2016 | Brief amicus curiae of Illinois Right to Life filed. (Distributed) |
| 02/03/2016 | Brief amici curiae of More Than 450 Bipartisan and Bicameral State Legislators and Lieutenant Governors filed. (Distributed) |
| 02/03/2016 | Brief amicus curiae of Physicians with Experience Treating Women in Rural or Emergency Settings filed. (Distributed) |
| 02/03/2016 | Brief amici curiae of Bipartisan Group of 174 United States Senators and Members of the United States House of Representatives filed. (Distributed) |
| 02/03/2016 | Brief amici curiae of Center for Constitutional Jurisprudence, et al. filed. (Distributed) |
| 02/03/2016 | Brief amici curiae of Bipartisan and Bicameral Coalition of 121 Texas Legislators filed. (Distributed) |
| 02/03/2016 | Brief amici curiae of CatholicVote.org Legal Defense Fund, et al. (Distributed) filed. |
| 02/03/2016 | Brief amici curiae of 24 Scholars of Federalism filed. (Distributed) |
| 02/03/2016 | Brief amici curiae of Operation Rescue, and National Hispanic Christian Leadership Conference/CONELA filed. (Distributed) |
| 02/03/2016 | Brief amici curiae of Indiana, et al. filed. (Distributed) |
| 02/03/2016 | Brief amici curiae of Texas Values, and 3801 Lancaster Film Project filed. (Distributed) |
| 02/03/2016 | Brief amicus curiae of Association of American Physicians and Surgeons, Inc. filed. (Distributed) |
| 02/03/2016 | Brief amici curiae of CitizenLink, et al. filed. (Distributed) |
| 02/03/2016 | Brief amicus curiae of And Then There Were None filed. (Distributed) |
| 02/03/2016 | Brief amici curiae of Conservative Legal Defense and Educational Fund, et al. filed. (Distributed) |
| 02/03/2016 | Brief amicus curiae of David Boyle filed. (Distributed) |
| 02/03/2016 | Brief amici curiae of African American and Hispanic American Organizations filed. (Distributed) |
| 02/03/2016 | Brief amici curiae of Governors of Texas, Alabama, et al. filed. (Distributed) |
| 02/03/2016 | Brief amici curiae of Concerned Women for America, and Susan B. Anthony List filed. (Distributed) |
| 02/18/2016 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
| 02/18/2016 | Motion to allow counsel, or Guardian Ad Litem, to represent all unborn persons DENIED. |
| 02/18/2016 | Motion for leave to file amicus brief filed by Indiana Tech Law School Amicus Project Out of Time GRANTED. |
| 02/23/2016 | Reply of petitioners Whole Woman's Health, et al. filed. (Distributed) |
| 03/02/2016 | Argued. For petitioners: Stephanie Toti, New York, N. Y.; and Donald B. Verrilli, Jr., Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae). For respondents: Scott A. Keller, Solicitor General of the State of Texas, Austin, Tex. |
| 06/27/2016 | Judgment REVERSED and case REMANDED. Breyer, J., delivered the opinion of the Court, in which Kennedy, Ginsburg, Sotomayor, and Kagan, JJ., joined. Ginsburg, J., filed a concurring opinion. Thomas, J., filed a dissenting opinion. Alito, J., filed a dissenting opinion, in which Roberts, C. J., and Thomas, J., joined. |
| 07/29/2016 | JUDGMENT ISSUED |
| 08/18/2016 | Records from U.S.C.A. 5th Circuit and U.S.D.C. Western District of Texas has been returned. |