Whole Woman’s Health v. Jackson
Holding
A pre-enforcement challenge under the federal Constitution to Texas Senate Bill 8, the Texas Heartbeat Act, may proceed past the motion to dismiss stage against certain of the named defendants but not others; the order of the district court is affirmed in part and reversed in part, and the case is remanded.
Judgment
Affirmed in part, reversed in part, and remanded, 8-1, in an opinion by Neil Gorsuch on Dec 10, 2021. Justices Alito, Kavanaugh, and Barrett joined the opinion in full, and Justice Thomas joined except for Part II-C. Justice Thomas filed an opinion concurring in part and dissenting in part. Chief Justice Roberts filed an opinion concurring in the judgment in part and dissenting in part, in which Justices Breyer, Sotomayor, and Kagan joined. Justice Sotomayor filed an opinion concurring in the judgment in part and dissenting in part, in which Justices Breyer and Kagan joined.
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.
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.
Oct 21, 2021Brief of respondents in opposition filed.Oct 21, 2021Brief amicus curiae of Firearms Policy Coalition filed.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 23, 2021Blanket Consent filed by Respondent, Austin Reeve Jackson, et al.Oct 24, 2021Blanket Consent filed by Petitioner, Whole Woman's Health, et al.Oct 25, 2021Motion for divided argument filed by respondents.Oct 25, 2021Brief amicus curiae of California ProLife Council filed. (Distributed)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 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 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)Nov 1, 2021Argued. For petitioners: Marc A. Hearron, Washington, D. C. For respondents: Judd E. Stone, II, Solicitor General, Austin, Tex.
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.
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 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 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.
Recommended Citation: Whole Woman’s Health v. Jackson, SCOTUSblog, https://www.scotusblog.com/cases/whole-womans-health-v-jackson/