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Whole Woman’s Health v. Jackson

Application for injunctive relief or to vacate stays denied on September 1, 2021
Docket No. Op. Below Argument Opinion Vote Author Term
21A24 5th Cir. N/A N/A N/A N/A OT 2021

Issues: Whether the Supreme Court should issue an injunction (pending appeal and disposition of a petition for certiorari) to prevent enforcement of Texas S.B. 8, which bans abortions if the physician detects a fetal heartbeat and allows private citizens to sue anyone who assists in providing an abortion that is prohibited by the law; (2) whether the Supreme Court should vacate the U.S. Court of Appeals for the 5th Circuit’s administrative stay of the district-court proceedings as to respondent Mark Lee Dickson; (3) whether the Supreme Court should vacate the district court’s stay of its own proceedings as to the remaining respondents; and (4) whether the Supreme Court should vacate the district court’s order denying the respondents’ motions to dismiss and remand the case to the 5th Circuit with instructions to dismiss the appeal from that order as moot.

DateProceedings and Orders (key to color coding)
Aug 30 2021Application (21A24) for injunctive relief, submitted to Justice Alito.
Aug 30 2021Response to application (21A24) requested by Justice Alito, due Tuesday, August 31, by 5 p.m. ET.
Aug 31 2021Response to application from respondents Judge Austin Reeve Jackson, et al. filed.
Aug 31 2021Response to application from respondent Mark Lee Dickson filed.
Aug 31 2021Reply of applicants Whole Woman's Health, et al. filed.
Sep 01 2021Application (21A24) referred to the Court.
Sep 01 2021Application (21A24) denied by the Court. (See Detached Opinion) CHIEF JUSTICE ROBERTS, with whom JUSTICE BREYER and JUSTICE KAGAN join, dissenting. (Detached Opinion) JUSTICE BREYER, with whom JUSTICE SOTOMAYOR and JUSTICE KAGAN join, dissenting. (Detached Opinion) JUSTICE SOTOMAYOR, with whom JUSTICE BREYER and JUSTICE KAGAN join, dissenting. (Detached Opinion) JUSTICE KAGAN, with whom JUSTICE BREYER and JUSTICE SOTOMAYOR join, dissenting. (Detached Opinion)