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Whole Woman's Health, et al. v. Austin Reeve Jackson, Judge, District Court of Texas, 114th District, et al.
Paid petition · United States Court of Appeals for the Fifth Circuit, No. 21-50792
Before the decision, about 4.8× the 4.1% base rate. The model weighted this up for a Fifth Circuit decision below and a circuit split argued in the petition.
Question presented
The State of Texas adopted a law banning abortions at approximately six weeks of pregnancy, in clear violation of this Court's precedents holding that a State cannot prohibit abortion at a point before viability. To try to insulate this unconstitutional prohibition from a federal challenge, the legislature crafted the law to prohibit government officials from directly enforcing it and instead delegated enforcement to the general public via civil actions that "any person" can file in Texas state court. Petitioners- Texas abortion providers and individuals and organizations that support abortion patients-brought suit in federal court against, among others, the clerks and judges of the courts where enforcement actions can be brought and the Texas attorney general. The district court denied Respondents' motions to dismiss on standing and sovereign-immunity grounds. Although Respondents' appeal is pending in the Fifth Circuit, that Court has now issued an order that effectively forecloses Petitioners' claims against the government officials. The question presented is whether a State can insulate from federal-court review a law that prohibits the exercise of a constitutional right by delegating to the general public the authority to enforce that prohibition through civil actions. EXPEDITED BRIEFING.
Counsel of record
For petitioner
Marc Andrew Hearron
Center for Reproductive Rights
For respondent
Heather Gebelin Hacker
Hacker Stephens LLP
Argument & decision
Argued November 1, 2021 — Marc A. Hearron · Judd E. Stone. Audio and transcript
Decided December 10, 2021. Opinion by Gorsuch.
Proceedings
- Dec 16 2021JUDGMENT ISSUED.
- Dec 16 2021Application (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.
- Dec 14 2021Reply of applicants Whole Woman's Health, et al. filed.
- Dec 14 2021Letter from applicants regarding reply received.
- Dec 14 2021Response to application from respondents Mark Lee Dickson, et al. filed.
- Dec 13 2021Application (21A220) to issue the judgment forthwith, submitted to Justice Gorsuch.
- Dec 13 2021Response to application from respondents Stephen Carlton, et al. filed.
- Dec 10 2021Adjudged 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.
- Nov 01 2021Argued. For petitioners: Marc A. Hearron, Washington, D. C. For respondents: Judd E. Stone, II, Solicitor General, Austin, Tex.
- Oct 29 2021Reply brief of petitioners Whole Woman's Health, et al. filed. (Distributed)
- Oct 29 2021Consolidated reply brief of state respondents filed (also in 21-588). VIDED. (Distributed)
- Oct 29 2021Reply brief of respondent Mark Lee Dickson filed. (Distributed)
- Oct 29 2021Reply brief of respondent Penny Clarkston filed. (Distributed)
- Oct 27 2021Brief of petitioners Whole Woman's Health, et al. filed. (Distributed)
- Oct 27 2021Consolidated brief of state respondents filed (also in 21-588). VIDED. (Distributed)
- Oct 27 2021Brief of respondent Penny Clarkston filed. (Distributed)
- Oct 27 2021Brief of respondent Mark Lee Dickson filed. (Distributed)
- Oct 27 2021Brief amici curiae of Massachusetts, et al. filed (also in 21-588). VIDED. (Distributed)
- Oct 27 2021Brief amicus curiae of Constitutional Accountability Center filed. (Distributed)
- Oct 27 2021Brief amici curiae of Legal Scholars filed (also in 21-588). VIDED. (Distributed)
- Oct 27 2021Brief amici curiae of Local Governments filed (also in 21-588). VIDED. (Distributed)
- Oct 27 2021Amicus brief of Texas Medical Association not accepted for filing. (October 27, 2021--brief needs correction; resubmitted).
- Oct 27 2021Amicus brief of Texas Medical Association not accepted for filing. (October 27, 2021--resubmitted brief needs correction)
- Oct 27 2021Brief amici curiae of Constitutional Law, Federal Courts, Civil Rights, and Civil Procedure Scholars filed. (Distributed)
- Oct 27 2021Brief amicus curiae of Firearms Policy Coalition filed. (Distributed)
- Oct 27 2021Brief amici curiae of Lawyers' Committee for Civil Rights Under Law, et al. filed. (Distributed)
- Oct 27 2021Brief amicus curiae of NAACP Legal Defense & Educational Fund, Inc. filed.
- Oct 27 2021Brief amicus curiae of American Center for Law and Justice filed (also in 21-588). VIDED. (Distributed)
- Oct 27 2021Brief amicus curiae of Life Legal Defense Foundation filed (also in 21-588). VIDED. (Distributed)
- Oct 27 2021Brief amici curiae of 128 Current and Former Prosecutors and Law Enforcement Leaders, et al. filed (also in 21-588). VIDED. (Distributed)
- Oct 27 2021Record on appeal available on PACER. The USDC, W. District of Texas - transcript of August 4, 2021 hearing electronically received.
- Oct 26 2021Brief amicus curiae of The Becket Fund for Religious Liberty filed (also in 21-588). VIDED. (Distributed)
- Oct 26 2021Brief amici curiae of Leading Medical Organizations filed (also in 21-588). VIDED. (Distributed)
- Oct 26 2021Motion for divided argument filed by respondents DENIED.
- Oct 26 2021In 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 2021Brief amici curiae of Professors Adam Lamparello, Charles E. MacLean, and Brian Owsley filed. (Distributed)
- Oct 25 2021Motion for divided argument filed by respondents.
- Oct 25 2021Brief amicus curiae of California ProLife Council filed. (Distributed)
- Oct 24 2021Blanket Consent filed by Petitioner, Whole Woman's Health, et al.
- Oct 23 2021Blanket Consent filed by Respondent, Austin Reeve Jackson, et al.
- Oct 22 2021Petition 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 2021ARGUMENT SET FOR Monday, November 1, 2021.
- Oct 21 2021Brief of respondents in opposition filed.
- Oct 21 2021Brief amicus curiae of Firearms Policy Coalition filed.
- Oct 18 2021Petitioners’ 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.
- Sep 23 2021Petition for a writ of certiorari before judgment filed. (Response due October 28, 2021)
- Sep 23 2021Motion to expedite consideration of the petition for a writ of certiorari before judgment filed by petitioners.