Whole Woman’s Health v. Hellerstedt

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

Academic highlight: Greenhouse and Siegel on the right to abortion after Whole Woman's Health (Amanda Frost, September 30, 2016)
What effect will the Court’s abortion ruling have on laws in other states? (Jennifer Prohov, September 19, 2016)
Symposium: “Overlay of regulations” and the abortion industry (Misha Tseytlin, June 29, 2016)
Symposium: Is Hellerstedt this generation’s Roe? (Erika Bachiochi, June 28, 2016)
Symposium: The constitutional law of abortion after Whole Woman’s Health – What comes next? (Kevin Walsh, June 28, 2016)
Symposium: Abortion rights come out of the shadow (Jessica Pieklo, June 27, 2016)
A view from outside the Court on June 27 (Jennifer Prohov, June 27, 2016)
Symposium: No more rubber-stamping state regulation of abortion (David Gans, June 27, 2016)
Symposium: The wages of guerrilla warfare against abortion (Michael Dorf, June 27, 2016)
A “view” from the Courtroom: A final bite at the apple (Mark Walsh, June 27, 2016)
Opinion analysis: Abortion rights reemerge strongly (Lyle Denniston, June 27, 2016)
Symposium: The Court once again makes the “undue-burden” test a referendum on the facts (Mary Ziegler, June 27, 2016)
Symposium: Supreme Court disavows precedent, refusing to protect women from abortion industry abuses (Denise Burke, June 27, 2016)
A “view” from the Courtroom: Extra time to weigh a divisive issue (Mark Walsh, March 2, 2016)
Argument analysis: Two options on abortion law? (Lyle Denniston, March 2, 2016)
Argument preview: New look at abortion after nine years (UPDATED) (Lyle Denniston, February 24, 2016)
Symposium: Health-justified abortion restrictions are not exempt from Casey’s heightened scrutiny (Dawn Johnsen, January 7, 2016)
Symposium: Ensuring abortion safety in a declining market for abortion services (Teresa Stanton Collett, January 7, 2016)
Symposium: Abortion providers are not entitled to special judicial immunity from health-and-safety regulations (Misha Tseytlin, January 6, 2016)
Symposium: Hanging in the balance (Gillian Metzger, January 6, 2016)
Symposium: Kermit Gosnell, Planned Parenthood, and severability doctrine – A fresh look at Whole Woman's Health v. Cole (Kevin Walsh, January 5, 2016)
Symposium: When “protecting health” obstructs choice (Reva Siegel and Linda Greenhouse, January 5, 2016)
Symposium: Will the Supreme Court deliver a decisive victory for women’s health and safety? (Mailee Smith, January 4, 2016)
Symposium: Abortion is still a fundamental right (Michael Dorf, January 4, 2016)
Court to rule on abortion clinic restrictions (Lyle Denniston, November 13, 2015)
Justices enter the fray with grant in Texas abortion case: In Plain English (Amy Howe, November 13, 2015)

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

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