Whole Woman’s Health v. Hellerstedt

Docket No. Op. Below Argument Opinion Vote Author Term
15-274 5th Cir. Mar 2, 2016
Tr.Aud.
Jun 27, 2016 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 June 27, 2016. 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

DateProceedings and Orders
Jun 19 2015Application (14A1288) for a stay of mandate pending the filing and disposition of a petition for a writ of certiorari, submitted to Justice Scalia.
Jun 24 2015Response to application (14A1288) requested by Justice Scalia, due Friday, June 26, 2015, by 4:00 ET.
Jun 25 2015Response to application from respondent Kirk Cole, Commissioner, Texas Department of State Health Services, et al. filed.
Jun 26 2015Motion 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.
Jun 26 2015Reply of applicant Whole Woman's Health, et al. filed.
Jun 29 2015Application (14A1288) referred to the Court.
Jun 29 2015The 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.
Sep 2 2015Petition for a writ of certiorari filed. (Response due October 5, 2015)
Oct 5 2015Brief of respondents Kirk Cole, Commissioner, Texas Department of State Health Services, et al. in opposition filed.
Oct 5 2015Brief amicus curiae of American Public Health Association filed.
Oct 5 2015Brief amici curiae of American College of Obstetricians and Gynecologists, et al. filed.
Oct 5 2015Brief amicus curiae of National Abortion Federation filed.
Oct 5 2015Brief amici curiae of New York, et al. filed.
Oct 5 2015Brief amici curiae of Professors Michael Dorf, Helen Hershkoff, Gillian Metzger, Neil Siegel, and David Strauss filed.
Oct 16 2015Reply of petitioners Whole Woman's Health, et al. filed.
Oct 21 2015DISTRIBUTED for Conference of November 6, 2015.
Nov 9 2015DISTRIBUTED for Conference of November 13, 2015.
Nov 13 2015Petition GRANTED.
Dec 23 2015SET FOR ARGUMENT ON Wednesday, March 2, 2016
Dec 23 2015Brief amicus curiae of The Legal Defense for Unborn Children in support of neither party filed.
Dec 28 2015Brief of petitioners Whole Woman's Health, et al. filed.
Dec 28 2015Joint appendix filed (7 Volumes). (Statement of costs filed)
Dec 28 2015Motion to file Volume VIII of the joint appendix under seal filed by petitioners Whole Woman's Health, et al.
Dec 29 2015Brief amici curiae of The American Civil Liberties Union, et al. filed.
Dec 30 2015Brief amicus curiae of Facility Guidelines Institute in support of neither party filed.
Dec 30 2015Brief amici curiae of Theologians and Ethicists filed.
Dec 30 2015Brief amici curiae of Kate Banfield, et al. filed.
Dec 31 2015Brief amici curiae of Law Professors Melissa Murray, et al. filed.
Dec 31 2015Brief amici curiae of Republican Majority for Choice, et al. filed.
Jan 4 2016Brief amici curiae of Health Economists filed.
Jan 4 2016Brief amicus curiae of Advocates for Youth filed.
Jan 4 2016Brief amici curiae of Experts in Health Policy filed.
Jan 4 2016Brief amici curiae of Institute for Women's Policy Research, et al. filed.
Jan 4 2016Brief amicus curiae of United States filed.
Jan 4 2016Brief amicus curiae of Constitutional Accountability Center filed.
Jan 4 2016Brief amicus curiae of Jane's Due Process, Inc. filed.
Jan 4 2016Brief amici curiae of Public Health Deans, Department Chairs, and Faculty and the American Public Health Association filed.
Jan 4 2016Brief amici curiae of National Physicians Alliance, et al. filed.
Jan 4 2016Brief amici curiae of Scientists, Science Educators, Skeptics, et al. filed.
Jan 4 2016Brief amici curiae of Society of Hospital Medicine and Society of OB/Gyn Hospitalists filed.
Jan 4 2016Brief amici curiae of Social Science Researchers filed.
Jan 4 2016Brief amici curiae of American College of Obstetricians and Gynecologists, et al. filed.
Jan 4 2016Brief amici curiae of Constitutional Law Scholars Ashutosh Bhagwat, et al. filed.
Jan 4 2016Brief amici curiae of Texas Association Against Sexual Assault, et al. filed.
Jan 4 2016Brief amici curiae of National Network of Abortion Funds and 41 Member Abortion Funds filed.
Jan 4 2016Brief amici curiae of Janice MacAvoy, et al. filed.
Jan 4 2016Brief amicus curiae of New York City Bar Association filed.
Jan 4 2016Brief amicus curiae of Information Society Project at Yale Law School filed.
Jan 4 2016Brief amici curiae of National Abortion Federation and Abortion Providers filed.
Jan 4 2016Brief amicus curiae of Physicians for Reproductive Health filed.
Jan 4 2016Brief amicus curiae of Lambda Legal Defense and Education Fund, Inc. filed.
Jan 4 2016Brief amici curiae of 163 Members of Congress filed.
Jan 4 2016Brief amici curiae of New York, et al. filed.
Jan 4 2016Brief amici curiae of Historians Eileen Boris, et al. filed.
Jan 4 2016Brief amici curiae of Planned Parenthood Federation of America, et al. filed.
Jan 4 2016Brief amici curiae of National Women's Law Center, et al. filed.
Jan 4 2016Brief amici curiae of National Center for Lesbian Rights, et al. filed.
Jan 4 2016Brief amici curiae of Twelve Organizations Dedicated to the Fight for Reproductive Justice filed.
Jan 4 2016Brief amici curiae of National Latina Institute for Reproductive Health, et al. filed.
Jan 4 2016Brief amici curiae of Experts and Organizations Supporting Survivors of Intimate Partner Violence filed.
Jan 4 2016Brief amici curiae of Medical Staff Professionals filed.
Jan 4 2016Brief amici curiae of Honorable Wendy Davis, Teresa Fedor, Lucy Flores, and Judy Nicastro filed.
Jan 4 2016Brief amici curiae of Ten Pennsylvania Abortion Care Providers filed.
Jan 4 2016Record requested from U.S.C.A. 5th Circuit.
Jan 4 2016Brief amici curiae of Judson Memorial Church, et al. filed.
Jan 4 2016Brief amici curiae of Freedom and Individual Rights in Medicine (FIRM), et al. filed.
Jan 4 2016Brief amici curiae of National Advocates for Pregnant Women, et al. filed.
Jan 4 2016Brief amici curiae of The City of New York, et al. filed. (Distributed)
Jan 4 2016Brief amici curiae of Service Women's Action Network and Retired or Former Military Officers filed. (Distributed)
Jan 4 2016Brief amici curiae of Business Leaders filed. (Distributed)
Jan 5 2016Record received from U.S.C.A. 5th Circuit is electronic and located on PACER.
Jan 12 2016Motion for leave to file amicus brief out of time filed by Indiana Tech Law School Amicus Project (Distributed)
Jan 15 2016CIRCULATED.
Jan 15 2016Motion to allow counsel, or Guardian Ad Litem, to represent all unborn persons.
Jan 19 2016Motion DISTRIBUTED for Conference of January 22, 2016.
Jan 22 2016Brief amicus curiae of National Right to Life Committee filed. (Distributed)
Jan 25 2016Motion for leave to file Volume VIII of the joint appendix under seal GRANTED.
Jan 26 2016Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Jan 27 2016Brief of respondents John Hellerstedt, Commissioner, Texas Department of State Health Services, et al. filed. (Distributed)
Jan 27 2016Brief amici curiae of University Faculty for Life and Texas Alliance for Life Trust Fund filed. (Distributed)
Jan 27 2016Brief amici curiae of Former Abortion Providers, et al. filed. (Distributed)
Jan 28 2016Brief amicus curiae of Wisconsin filed. (Distributed)
Jan 29 2016Brief amicus curiae of Right to Life Advocates, Inc. filed. (Distributed)
Feb 1 2016Brief amici curiae of United States Conference of Catholic Bishops, et al. filed. (Distributed)
Feb 2 2016Record received from U.S.C.A. 5th Circuit. (2 Boxes)
Feb 2 2016Brief amici curiae of American Center for Law & Justice, et al. filed. (Distributed)
Feb 2 2016Brief amicus curiae of Legal Center for Defense of Life filed. (Distributed)
Feb 2 2016Brief amici curiae of 3,348 Women Injured by Abortion, and The Justice Foundation filed. (Distributed)
Feb 2 2016Brief amici curiae of Democrats for Life, and National Legal Foundation filed. (Distributed).
Feb 2 2016Brief amicus curiae of Justice and Freedom Fund filed. (Distributed)
Feb 2 2016Brief amicus curiae of Priests for Life filed. (Distributed)
Feb 2 2016Brief amicus curiae of Live Action filed. (Distributed)
Feb 3 2016Record received from U.S.D.C. Western District of Texas. (2 Boxes)
Feb 3 2016Brief amici curiae of Texas Eagle Forum, et al. filed. (Distributed)
Feb 3 2016Brief amici curiae of American Association of Pro-Life Obstetricians and Gynecologists, et al. filed. (Distributed)
Feb 3 2016Brief amicus curiae of Illinois Right to Life filed. (Distributed)
Feb 3 2016Brief amici curiae of More Than 450 Bipartisan and Bicameral State Legislators and Lieutenant Governors filed. (Distributed)
Feb 3 2016Brief amicus curiae of Physicians with Experience Treating Women in Rural or Emergency Settings filed. (Distributed)
Feb 3 2016Brief amici curiae of Bipartisan Group of 174 United States Senators and Members of the United States House of Representatives filed. (Distributed)
Feb 3 2016Brief amici curiae of Center for Constitutional Jurisprudence, et al. filed. (Distributed)
Feb 3 2016Brief amici curiae of Bipartisan and Bicameral Coalition of 121 Texas Legislators filed. (Distributed)
Feb 3 2016Brief amici curiae of CatholicVote.org Legal Defense Fund, et al. (Distributed) filed.
Feb 3 2016Brief amici curiae of 24 Scholars of Federalism filed. (Distributed)
Feb 3 2016Brief amici curiae of Operation Rescue, and National Hispanic Christian Leadership Conference/CONELA filed. (Distributed)
Feb 3 2016Brief amici curiae of Indiana, et al. filed. (Distributed)
Feb 3 2016Brief amici curiae of Texas Values, and 3801 Lancaster Film Project filed. (Distributed)
Feb 3 2016Brief amicus curiae of Association of American Physicians and Surgeons, Inc. filed. (Distributed)
Feb 3 2016Brief amici curiae of CitizenLink, et al. filed. (Distributed)
Feb 3 2016Brief amicus curiae of And Then There Were None filed. (Distributed)
Feb 3 2016Brief amici curiae of Conservative Legal Defense and Educational Fund, et al. filed. (Distributed)
Feb 3 2016Brief amicus curiae of David Boyle filed. (Distributed)
Feb 3 2016Brief amici curiae of African American and Hispanic American Organizations filed. (Distributed)
Feb 3 2016Brief amici curiae of Governors of Texas, Alabama, et al. filed. (Distributed)
Feb 3 2016Brief amici curiae of Concerned Women for America, and Susan B. Anthony List filed. (Distributed)
Feb 18 2016Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Feb 18 2016Motion to allow counsel, or Guardian Ad Litem, to represent all unborn persons DENIED.
Feb 18 2016Motion for leave to file amicus brief filed by Indiana Tech Law School Amicus Project Out of Time GRANTED.
Feb 23 2016Reply of petitioners Whole Woman's Health, et al. filed. (Distributed)
Mar 2 2016Argued. 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.
Jun 27 2016Judgment 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.
 
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