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Planned Parenthood Center for Choice, et al. v. Greg Abbott, Governor of Texas, et al.

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 20-50264

GVR'd · January 25, 2021
Pre-decision estimate: 2% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

The Governor of Texas, in reliance on the COVID19 pandemic, issued an executive order that banned nearly all abortions in Texas for at least a month, and potentially far longer. A federal district court twice entered temporary restraining orders against the executive order as applied to certain previability abortion care. In so doing, it found that the executive order did not serve the state’s asserted goals of preserving personal protective equipment or hospital capacity and that petitioners were likely to prevail on their claim that the order imposed an undue burden on their patients’ constitutional right to obtain an abortion. Despite those well-supported findings, a divided panel of the U.S. Court of Appeals for the Fifth Circuit twice intervened in just over two weeks’ time, granting two writs of mandamus to dissolve the TROs. The day after the Fifth Circuit entered its second mandamus order, and before petitioners could seek this Court’s review, the Governor replaced the challenged executive order with a new one that permitted Texas abortion providers to resume services. At that time, petitioners’ claims for injunctive relief became moot. The question presented is whether, pursuant to United States v. Munsingwear, Inc., 340 U.S. 36 (1950), this Court should vacate the court of appeals’ judgments granting writs of mandamus.

Counsel of record

For petitioner
Julie Alyssa Murray
Planned Parenthood Federation of America

For respondent
Judd Edward Stone II
Stone | Hilton PLLC

Case

Conference history
Distributed for 3 conferences

Amicus briefs
1 cert-stage

Proceedings

  1. Feb 26 2021
    JUDGMENT ISSUED.
  2. Jan 27 2021
    Letter dated January 22, 2021 from counsel for petitioner received.
  3. Jan 25 2021
    Petition GRANTED. Judgment VACATED and case REMANDED with instructions to dismiss the case as moot. See United States v. Munsingwear, Inc., 340 U. S. 36 (1950).
  4. Jan 22 2021
    Supplemental brief of respondents Greg Abbott, Governor of Texas, et al. filed. (Received January 27, 2021)
  5. Jan 19 2021
    DISTRIBUTED for Conference of 1/22/2021.
  6. Jan 11 2021
    DISTRIBUTED for Conference of 1/15/2021.
  7. Dec 09 2020
    DISTRIBUTED for Conference of 1/8/2021.
  8. Dec 08 2020
    Reply of petitioners Planned Parenthood Center for Choice, et al. filed. (Distributed)
  9. Nov 13 2020
    Motion of petitioner to delay distribution of the petition for a writ of certiorari under Rule 15.5 from November 24, 2020 to December 9, 2020, submitted to The Clerk.
  10. Nov 13 2020
    Motion to delay distribution of the petition for a writ certiorari until December 9, 2020 granted.
  11. Nov 09 2020
    Brief of respondents Greg Abbott, Governor of Texas, et al. in opposition filed.
  12. Oct 09 2020
    Brief amici curiae of Constitutional and Health Law Scholars filed.
  13. Sep 22 2020
    Motion to extend the time to file a response is granted and the time is extended to and including November 9, 2020.
  14. Sep 21 2020
    Motion to extend the time to file a response from October 9, 2020 to November 9, 2020, submitted to The Clerk.
  15. Sep 03 2020
    Petition for a writ of certiorari filed. (Response due October 9, 2020)