No. 21-463
Whole Woman's Health, et al. v. Austin Reeve Jackson, Judge, District Court of Texas, 114th District, et al.
Amici (9)
Tags: abortion abortion-law civil-enforcement civil-rights constitutional-rights due-process federal-court-review sovereign-immunity standing state-legislation
Latest Conference:
N/A
Question Presented (from Petition)
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.
Question Presented (AI Summary)
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
Docket Entries
2021-12-16
Application (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.
2021-12-16
JUDGMENT ISSUED.
2021-12-14
Response to application from respondents Mark Lee Dickson, et al. filed.
2021-12-14
Letter from applicants regarding reply received.
2021-12-14
Reply of applicants Whole Woman's Health, et al. filed.
2021-12-13
Response to application from respondents Stephen Carlton, et al. filed.
2021-12-13
Application (21A220) to issue the judgment forthwith, submitted to Justice Gorsuch.
2021-12-10
Adjudged 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.
2021-11-01
Argued. For petitioners: Marc A. Hearron, Washington, D. C. For respondents: Judd E. Stone, II, Solicitor General, Austin, Tex.
2021-10-29
Reply brief of petitioners Whole Woman's Health, et al. filed. (Distributed)
2021-10-29
Reply brief of respondent Mark Lee Dickson filed. (Distributed)
2021-10-29
Reply brief of respondent Penny Clarkston filed. (Distributed)
2021-10-27
Record on appeal available on PACER. The USDC, W. District of Texas - transcript of August 4, 2021 hearing electronically received.
2021-10-27
Brief amicus curiae of NAACP Legal Defense & Educational Fund, Inc. filed.
2021-10-27
Brief amici curiae of Lawyers' Committee for Civil Rights Under Law, et al. filed. (Distributed)
2021-10-27
Brief amicus curiae of Firearms Policy Coalition filed. (Distributed)
2021-10-27
Brief amici curiae of Constitutional Law, Federal Courts, Civil Rights, and Civil Procedure Scholars filed. (Distributed)
2021-10-27
Brief amicus curiae of Constitutional Accountability Center filed. (Distributed)
2021-10-27
Brief of respondent Mark Lee Dickson filed. (Distributed)
2021-10-27
Brief of respondent Penny Clarkston filed. (Distributed)
2021-10-27
Brief of petitioners Whole Woman's Health, et al. filed. (Distributed)
2021-10-26
Motion for divided argument filed by respondents DENIED.
2021-10-26
In 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]).
2021-10-26
Brief amici curiae of Professors Adam Lamparello, Charles E. MacLean, and Brian Owsley filed. (Distributed)
2021-10-25
Brief amicus curiae of California ProLife Council filed. (Distributed)
2021-10-25
Motion for divided argument filed by respondents.
2021-10-24
Blanket Consent filed by Petitioner, Whole Woman's Health, et al.
2021-10-23
Blanket Consent filed by Respondent, Austin Reeve Jackson, et al.
2021-10-22
ARGUMENT SET FOR Monday, November 1, 2021.
2021-10-22
Petition 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.
2021-10-21
Brief amicus curiae of Firearms Policy Coalition filed.
2021-10-21
Brief of respondents in opposition filed.
2021-10-18
Petitioners’ 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.
2021-09-23
Petition for a writ of certiorari before judgment filed. (Response due October 28, 2021)
2021-09-23
Motion to expedite consideration of the petition for a writ of certiorari before judgment filed by petitioners.
Attorneys
128 Current and Former Prosecutors and Law Enforcement Leaders, et al.
American Center for Law and Justice
Jay Alan Sekulow — Amicus
Austin Reeve Jackson, et al.
Judd Edward Stone II — Texas Attorney General's Office, Respondent
California ProLife Council
Sheila Ann Green — Shelia Green, Esq, Amicus
Constitutional Accountability Center
Constitutional Law, Federal Courts, Civil Rights, and Civil Procedure Scholars
Kathleen Roberta Hartnett — Cooley LLP, Amicus
Firearms Policy Coalition
Erik S. Jaffe — Schaerr | Jaffe LLP, Amicus
Lawyers' Committee for Civil Rights Under Law, et al.
Leading Medical Organizations
Shannon Rose Selden — Debevoise & Plimpton LLP, Amicus
Legal Scholars
Life Legal Defense Foundation
Local Governments
Jonathan B. Miller — Public Rights Project, Amicus
Mark Lee Dickson
Jonathan F. Mitchell — Mitchell Law PLLC, Respondent
Massachusetts, et al.
NAACP Legal Defense & Educational Fund, Inc.
Penny Clarkston
Heather Gebelin Hacker — Hacker Stephens LLP, Respondent
Professors Adam Lamparello, Charles E. MacLean, and Brian Owsley
Texas Medical Association
Donald P. Wilcox — Texas Medical Assoc., Amicus
The Becket Fund for Religious Liberty
Whole Woman's Health, et al.
Marc Andrew Hearron — Center for Reproductive Rights, Petitioner