Supreme Court of the United States · Official docket →
Scott Harris, in His Official Capacity as State Health Officer, et al. v. West Alabama Women's Center, et al.
Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 17-15208 · judgment August 22, 2018
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
Like several states, Alabama prohibits “dismemberment abortion.” In a “dismemberment abortion,” a doctor “dismember[s] a living unborn child and extract[s] him or her one piece at a time from the uterus through use of clamps, grasping forceps, tongs, scissors, or similar instruments that, through the convergence of two rigid levers, slice, crush, or grasp . . . a portion of the unborn child’s body to cut or rip it off.” Ala. Code § 26-23G-2(3). Dismemberment abortion is similar to partial birth abortion, which this Court has said the government can prohibit. Gonzales v. Carhart, 550 U.S. 124, 133 (2007). But the court of appeals below reluctantly concluded that Alabama is prohibited from banning dismemberment abortions under this Court’s more recent abortion decisions. The question presented is: Whether a state ban on dismemberment abortions is unconstitutional where there is a reasonable medical debate that alternatives to the banned procedure are safe?
Counsel of record
For petitioner
James William Davis
State of Alabama, Office of the Attorney General
For respondent
Andrew David Beck
American Civil Liberties Union Foundation
Argument & decision
Decided June 28, 2019.
Proceedings
- Jun 28 2019Petition DENIED. Justice Thomas, concurring in the denial of certiorari. (Detached Opinion)
- Jun 26 2019DISTRIBUTED for Conference of 6/27/2019.
- Jun 17 2019DISTRIBUTED for Conference of 6/20/2019.
- Jun 12 2019Rescheduled.
- Jun 10 2019DISTRIBUTED for Conference of 6/13/2019.
- Jun 05 2019Rescheduled.
- Jun 03 2019DISTRIBUTED for Conference of 6/6/2019.
- May 29 2019Rescheduled.
- May 28 2019DISTRIBUTED for Conference of 5/30/2019.
- May 21 2019Rescheduled.
- May 20 2019DISTRIBUTED for Conference of 5/23/2019.
- May 15 2019Rescheduled.
- May 13 2019DISTRIBUTED for Conference of 5/16/2019.
- May 08 2019Rescheduled.
- May 06 2019DISTRIBUTED for Conference of 5/9/2019.
- Apr 24 2019Rescheduled.
- Apr 22 2019DISTRIBUTED for Conference of 4/26/2019.
- Apr 16 2019Rescheduled.
- Apr 15 2019DISTRIBUTED for Conference of 4/18/2019.
- Apr 09 2019Rescheduled.
- Mar 20 2019DISTRIBUTED for Conference of 4/12/2019.
- Mar 15 2019Reply of petitioners Steven T. Marshall, et al. filed.
- Mar 04 2019Brief of respondents West Alabama Women's Center, et al. in opposition filed.
- Feb 04 2019Brief amicus curiae of Christian Medical & Dental Associations filed.
- Feb 04 2019Brief amicus curiae of American Center for Law and Justice filed.
- Feb 04 2019Brief amici curiae of Louisiana, et al. filed.
- Feb 01 2019Brief amicus curiae of Trinity Legal Center filed.
- Jan 30 2019Brief amici curiae of Foundation for Moral Law, et al. filed.
- Jan 18 2019Brief amici curiae of American Association of Pro-Life Obstetricians & Gynecologists, et al. filed.
- Jan 11 2019Motion to extend the time to file a response is granted and the time is extended to and including March 4, 2019.
- Jan 02 2019Motion to extend the time to file a response from February 4, 2019 to March 4, 2019, submitted to The Clerk.
- Dec 21 2018Application of West Alabama Women's Center, et al. for a further extension of time not accepted for filing. (December 28, 2018 - request submitted under the wrong docket number)
- Dec 20 2018Petition for a writ of certiorari filed. (Response due February 4, 2019)
- Nov 02 2018Application (18A472) granted by Justice Thomas extending the time to file until December 20, 2018.
- Oct 31 2018Application (18A472) to extend the time to file a petition for a writ of certiorari from November 20, 2018 to December 20, 2018, submitted to Justice Thomas.