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Whole Woman's Health, et al. v. Texas Catholic Conference of Bishops, et al.

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 18-50484 · judgment July 15, 2018

Certiorari denied · February 19, 2019
Pre-decision estimate: 6% cert probability (95% interval 4%–8%)

Before the decision, modestly above the 4.1% base rate. The model weighted this up for a Fifth Circuit decision below, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition).

Question presented

  1. Whether the court of appeals’ decision to exercise jurisdiction over an interlocutory appeal from a discovery order rejecting a claim of privilege conflicts with this Court’s decision in Mohawk Industries, Inc. v. Carpenter, 558 U.S. 100 (2009).

  2. Whether this Court should exercise its supervisory power to vacate the court of appeals’ decision given that it contains significant legal errors; opines at length about constitutional issues that do not form the basis of its decision; comments on the merits of Plaintiffs’ underlying claims, which were still being litigated in the district court; and makes unfounded allegations of religious bias and witness intimidation against the district judge and Plaintiffs’ counsel.

Counsel of record

For petitioner
Stephanie Toti
Lawyering Project

For respondent
Kyle Douglas Hawkins
Lehotsky Keller Cohn LLP

Case

Conference history
Distributed for 1 conference

Amicus briefs
1 cert-stage

Proceedings

  1. Feb 19 2019
    Petition DENIED.
  2. Jan 30 2019
    DISTRIBUTED for Conference of 2/15/2019.
  3. Jan 28 2019
    Reply of petitioners Whole Woman's Health, et al. filed.
  4. Jan 11 2019
    Brief of respondent Texas Catholic Conference of Bishops in opposition filed.
  5. Dec 14 2018
    Brief amici curiae of Law Professors filed.
  6. Dec 06 2018
    Motion to extend the time to file a response is granted and the time is extended to and including January 11, 2019.
  7. Nov 30 2018
    Motion to extend the time to file a response from December 14, 2018 to January 11, 2019, submitted to The Clerk.
  8. Nov 29 2018
    Waiver of right of respondent Charles Smith to respond filed.
  9. Nov 12 2018
    Petition for a writ of certiorari filed. (Response due December 14, 2018)