Whole Woman's Health v. Jackson, No. 21-463 (2021-Nov-01)
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:
The State of Texas adopted a law banning abortions at approximately six weeks of pregnancy, in clear violation of this Court's precedents holding that a State cannot prohibit abortion at a point before viability. To try to insulate this unconstitutional prohibition from a federal challenge, the legislature crafted the law to prohibit government officials from directly enforcing it and instead delegated enforcement to the general public via civil actions that "any person" can file in Texas state court. Petitioners Texas abortion providers and individuals and organizations that support abortion patients-brought suit in federal court against, among others, the clerks and judges of the courts where enforcement actions can be brought and the Texas attorney general. The district court denied Respondents' motions to dismiss on standing and sovereign-immunity grounds. Although Respondents' appeal is pending in the Fifth Circuit, that Court has now issued an order that effectively forecloses Petitioners' claims against the government officials.
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.
DateProceedings and Orders (key to color coding)
Sep 23 2021 | Petition for a writ of certiorari before judgment filed. (Response due October 28, 2021)
Sep 23 2021 | Motion to expedite consideration of the petition for a writ of certiorari before judgment filed by petitioners.
Oct 18 2021 | 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.
Oct 21 2021 | Brief of respondents in opposition filed.
Oct 21 2021 | Brief amicus curiae of Firearms Policy Coalition filed.
Oct 22 2021 | 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.
Oct 22 2021 | ARGUMENT SET FOR Monday, November 1, 2021.
Oct 23 2021 | Blanket Consent filed by Respondent, Austin Reeve Jackson, et al.
Oct 24 2021 | Blanket Consent filed by Petitioner, Whole Woman's Health, et al.
Oct 25 2021 | Motion for divided argument filed by respondents.
Oct 25 2021 | Brief amicus curiae of California ProLife Council filed. (Distributed)
Oct 26 2021 | Brief amicus curiae of The Becket Fund for Religious Liberty filed (also in 21-588). VIDED. (Distributed)
Oct 26 2021 | Brief amici curiae of Leading Medical Organizations filed (also in 21-588). VIDED. (Distributed)
Oct 26 2021 | Motion for divided argument filed by respondents DENIED.
Oct 26 2021 | 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]).
Oct 26 2021 | Brief amici curiae of Professors Adam Lamparello, Charles E. MacLean, and Brian Owsley filed. (Distributed)
Oct 27 2021 | Brief of petitioners Whole Woman's Health, et al. filed.
Oct 27 2021 | Consolidated brief of state respondents filed (also in 21-588). VIDED. (Distributed)
Oct 27 2021 | Brief of respondent Penny Clarkston filed. (Distributed)
Oct 27 2021 | Brief of respondent Mark Lee Dickson filed. (Distributed)
Oct 27 2021 | Brief amici curiae of Massachusetts, et al. filed (also in 21-588). VIDED. (Distributed)
Oct 27 2021 | Brief amicus curiae of Constitutional Accountability Center filed. (Distributed)
Oct 27 2021 | Brief amici curiae of Legal Scholars filed (also in 21-588). VIDED. (Distributed)
Oct 27 2021 | Brief amici curiae of Local Governments filed (also in 21-588). VIDED. (Distributed)
Oct 27 2021 | Amicus brief of Texas Medical Association not accepted for filing. (October 27, 2021--brief needs correction; resubmitted).
Oct 27 2021 | Amicus brief of Texas Medical Association not accepted for filing. (October 27, 2021--resubmitted brief needs correction)
Oct 27 2021 | Brief amici curiae of Constitutional Law, Federal Courts, Civil Rights, and Civil Procedure Scholars filed. (Distributed)
Oct 27 2021 | Brief amicus curiae of Firearms Policy Coalition filed. (Distributed)
Oct 27 2021 | Brief amici curiae of Lawyers' Committee for Civil Rights Under Law, et al. filed. (Distributed)
Oct 27 2021 | Brief amicus curiae of NAACP Legal Defense & Educational Fund, Inc. filed.
Oct 27 2021 | Brief amicus curiae of American Center for Law and Justice filed (also in 21-588). VIDED. (Distributed)
Oct 27 2021 | Brief amicus curiae of Life Legal Defense Foundation filed (also in 21-588). VIDED. (Distributed)
Oct 27 2021 | Brief amici curiae of 128 Current and Former Prosecutors and Law Enforcement Leaders, et al. filed (also in 21-588). VIDED. (Distributed)
Oct 27 2021 | Record on appeal available on PACER. The USDC, W. District of Texas - transcript of August 4, 2021 hearing electronically received.
Oct 29 2021 | Reply brief of petitioners Whole Woman's Health, et al. filed. (Distributed)
Oct 29 2021 | Consolidated reply brief of state respondents filed (also in 21-588). VIDED.(Distributed)
Oct 29 2021 | Reply brief of respondent Mark Lee Dickson filed. (Distributed)
Oct 29 2021 | Reply brief of respondent Penny Clarkston filed.(Distributed)
Nov 01 2021 | Argued. For petitioners: Marc A. Hearron, Washington, D. C. For respondents: Judd E. Stone, II, Solicitor General, Austin, Tex.
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The State of Texas adopted a law banning abortions at approximately six weeks of pregnancy, in clear violation of this Court's precedents holding that a State cannot prohibit abortion at a point before viability. To try to insulate this unconstitutional prohibition from a federal challenge, the legislature crafted the law to prohibit government officials from directly enforcing it and instead delegated enforcement to the general public via civil actions that "any person" can file in Texas state court. Petitioners Texas abortion providers and individuals and organizations that support abortion patients-brought suit in federal court against, among others, the clerks and judges of the courts where enforcement actions can be brought and the Texas attorney general. The district court denied Respondents' motions to dismiss on standing and sovereign-immunity grounds. Although Respondents' appeal is pending in the Fifth Circuit, that Court has now issued an order that effectively forecloses Petitioners' claims against the government officials.
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.
DateProceedings and Orders (key to color coding)
Sep 23 2021 | Petition for a writ of certiorari before judgment filed. (Response due October 28, 2021)
Sep 23 2021 | Motion to expedite consideration of the petition for a writ of certiorari before judgment filed by petitioners.
Oct 18 2021 | 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.
Oct 21 2021 | Brief of respondents in opposition filed.
Oct 21 2021 | Brief amicus curiae of Firearms Policy Coalition filed.
Oct 22 2021 | 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.
Oct 22 2021 | ARGUMENT SET FOR Monday, November 1, 2021.
Oct 23 2021 | Blanket Consent filed by Respondent, Austin Reeve Jackson, et al.
Oct 24 2021 | Blanket Consent filed by Petitioner, Whole Woman's Health, et al.
Oct 25 2021 | Motion for divided argument filed by respondents.
Oct 25 2021 | Brief amicus curiae of California ProLife Council filed. (Distributed)
Oct 26 2021 | Brief amicus curiae of The Becket Fund for Religious Liberty filed (also in 21-588). VIDED. (Distributed)
Oct 26 2021 | Brief amici curiae of Leading Medical Organizations filed (also in 21-588). VIDED. (Distributed)
Oct 26 2021 | Motion for divided argument filed by respondents DENIED.
Oct 26 2021 | 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]).
Oct 26 2021 | Brief amici curiae of Professors Adam Lamparello, Charles E. MacLean, and Brian Owsley filed. (Distributed)
Oct 27 2021 | Brief of petitioners Whole Woman's Health, et al. filed.
Oct 27 2021 | Consolidated brief of state respondents filed (also in 21-588). VIDED. (Distributed)
Oct 27 2021 | Brief of respondent Penny Clarkston filed. (Distributed)
Oct 27 2021 | Brief of respondent Mark Lee Dickson filed. (Distributed)
Oct 27 2021 | Brief amici curiae of Massachusetts, et al. filed (also in 21-588). VIDED. (Distributed)
Oct 27 2021 | Brief amicus curiae of Constitutional Accountability Center filed. (Distributed)
Oct 27 2021 | Brief amici curiae of Legal Scholars filed (also in 21-588). VIDED. (Distributed)
Oct 27 2021 | Brief amici curiae of Local Governments filed (also in 21-588). VIDED. (Distributed)
Oct 27 2021 | Amicus brief of Texas Medical Association not accepted for filing. (October 27, 2021--brief needs correction; resubmitted).
Oct 27 2021 | Amicus brief of Texas Medical Association not accepted for filing. (October 27, 2021--resubmitted brief needs correction)
Oct 27 2021 | Brief amici curiae of Constitutional Law, Federal Courts, Civil Rights, and Civil Procedure Scholars filed. (Distributed)
Oct 27 2021 | Brief amicus curiae of Firearms Policy Coalition filed. (Distributed)
Oct 27 2021 | Brief amici curiae of Lawyers' Committee for Civil Rights Under Law, et al. filed. (Distributed)
Oct 27 2021 | Brief amicus curiae of NAACP Legal Defense & Educational Fund, Inc. filed.
Oct 27 2021 | Brief amicus curiae of American Center for Law and Justice filed (also in 21-588). VIDED. (Distributed)
Oct 27 2021 | Brief amicus curiae of Life Legal Defense Foundation filed (also in 21-588). VIDED. (Distributed)
Oct 27 2021 | Brief amici curiae of 128 Current and Former Prosecutors and Law Enforcement Leaders, et al. filed (also in 21-588). VIDED. (Distributed)
Oct 27 2021 | Record on appeal available on PACER. The USDC, W. District of Texas - transcript of August 4, 2021 hearing electronically received.
Oct 29 2021 | Reply brief of petitioners Whole Woman's Health, et al. filed. (Distributed)
Oct 29 2021 | Consolidated reply brief of state respondents filed (also in 21-588). VIDED.(Distributed)
Oct 29 2021 | Reply brief of respondent Mark Lee Dickson filed. (Distributed)
Oct 29 2021 | Reply brief of respondent Penny Clarkston filed.(Distributed)
Nov 01 2021 | Argued. For petitioners: Marc A. Hearron, Washington, D. C. For respondents: Judd E. Stone, II, Solicitor General, Austin, Tex.
