Decided

No. 15-274

Whole Woman's Health, et al. v. John Hellerstedt, Commissioner, Texas Department of State Health Services, et al.

from the United States Court of Appeals for the Fifth Circuit

See other cases from the Fifth Circuit.

Docket Entries

Records from U.S.C.A. 5th Circuit and U.S.D.C. Western District of Texas has been returned.

JUDGMENT ISSUED

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.

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.

Reply of petitioners Whole Woman's Health, et al. filed. (Distributed)

Motion for leave to file amicus brief filed by Indiana Tech Law School Amicus Project Out of Time GRANTED.

Motion to allow counsel, or Guardian Ad Litem, to represent all unborn persons DENIED.

Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.

Brief amici curiae of Center for Constitutional Jurisprudence, et al. filed. (Distributed)

Brief amicus curiae of Physicians with Experience Treating Women in Rural or Emergency Settings filed. (Distributed)

Brief amicus curiae of Illinois Right to Life filed. (Distributed)

Brief amicus curiae of And Then There Were None filed. (Distributed)

Brief amici curiae of American Association of Pro-Life Obstetricians and Gynecologists, et al. filed. (Distributed)

Brief amici curiae of Texas Eagle Forum, et al. filed. (Distributed)

Record received from U.S.D.C. Western District of Texas. (2 Boxes)

Brief amici curiae of CitizenLink, et al. filed. (Distributed)

Brief amicus curiae of Association of American Physicians and Surgeons, Inc. filed. (Distributed)

Brief amici curiae of Indiana, et al. filed. (Distributed)

Brief amici curiae of Operation Rescue, and National Hispanic Christian Leadership Conference/CONELA filed. (Distributed)

Brief amici curiae of 24 Scholars of Federalism filed. (Distributed)

Brief amici curiae of CatholicVote.org Legal Defense Fund, et al. (Distributed) filed.

Brief amici curiae of Bipartisan and Bicameral Coalition of 121 Texas Legislators filed. (Distributed)

Brief amici curiae of Governors of Texas, Alabama, et al. filed. (Distributed)

Brief amici curiae of Concerned Women for America, and Susan B. Anthony List filed. (Distributed)

Brief amici curiae of African American and Hispanic American Organizations filed. (Distributed)

Brief amicus curiae of David Boyle filed. (Distributed)

Brief amici curiae of Conservative Legal Defense and Educational Fund, et al. filed. (Distributed)

Brief amici curiae of Texas Values, and 3801 Lancaster Film Project filed. (Distributed)

Brief amici curiae of Bipartisan Group of 174 United States Senators and Members of the United States House of Representatives filed. (Distributed)

Brief amici curiae of More Than 450 Bipartisan and Bicameral State Legislators and Lieutenant Governors filed. (Distributed)

Brief amici curiae of Democrats for Life, and National Legal Foundation filed. (Distributed).

Brief amici curiae of American Center for Law & Justice, et al. filed. (Distributed)

Record received from U.S.C.A. 5th Circuit. (2 Boxes)

Brief amicus curiae of Justice and Freedom Fund filed. (Distributed)

Brief amicus curiae of Priests for Life filed. (Distributed)

Brief amici curiae of 3,348 Women Injured by Abortion, and The Justice Foundation filed. (Distributed)

Brief amicus curiae of Legal Center for Defense of Life filed. (Distributed)

Brief amicus curiae of Live Action filed. (Distributed)

Brief amici curiae of United States Conference of Catholic Bishops, et al. filed. (Distributed)

Brief amicus curiae of Right to Life Advocates, Inc. filed. (Distributed)

Brief amicus curiae of Wisconsin filed. (Distributed)

Brief amici curiae of University Faculty for Life and Texas Alliance for Life Trust Fund filed. (Distributed)

Brief amici curiae of Former Abortion Providers, et al. filed. (Distributed)

Brief of respondents John Hellerstedt, Commissioner, Texas Department of State Health Services, et al. filed. (Distributed)

Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.

Motion for leave to file Volume VIII of the joint appendix under seal GRANTED.

Brief amicus curiae of National Right to Life Committee filed. (Distributed)

Motion DISTRIBUTED for Conference of January 22, 2016.

CIRCULATED.

Motion to allow counsel, or Guardian Ad Litem, to represent all unborn persons.

Motion for leave to file amicus brief out of time filed by Indiana Tech Law School Amicus Project (Distributed)

Record received from U.S.C.A. 5th Circuit is electronic and located on PACER.

Brief amici curiae of National Women's Law Center, et al. filed.

Brief amici curiae of Health Economists filed.

Brief amicus curiae of Advocates for Youth filed.

Brief amici curiae of Experts in Health Policy filed.

Brief amici curiae of Institute for Women's Policy Research, et al. filed.

Brief amicus curiae of United States filed.

Brief amicus curiae of Constitutional Accountability Center filed.

Brief amicus curiae of Jane's Due Process, Inc. filed.

Brief amici curiae of Public Health Deans, Department Chairs, and Faculty and the American Public Health Association filed.

Brief amici curiae of National Physicians Alliance, et al. filed.

Brief amici curiae of Social Science Researchers filed.

Brief amici curiae of American College of Obstetricians and Gynecologists, et al. filed.

Brief amici curiae of Scientists, Science Educators, Skeptics, et al. filed.

Brief amici curiae of Society of Hospital Medicine and Society of OB/Gyn Hospitalists filed.

Brief amici curiae of Texas Association Against Sexual Assault, et al. filed.

Brief amicus curiae of New York City Bar Association filed.

Brief amicus curiae of Information Society Project at Yale Law School filed.

Brief amici curiae of National Abortion Federation and Abortion Providers filed.

Brief amicus curiae of Physicians for Reproductive Health filed.

Brief amicus curiae of Lambda Legal Defense and Education Fund, Inc. filed.

Brief amici curiae of 163 Members of Congress filed.

Brief amici curiae of New York, et al. filed.

Brief amici curiae of Historians Eileen Boris, et al. filed.

Brief amici curiae of Planned Parenthood Federation of America, et al. filed.

Brief amici curiae of National Network of Abortion Funds and 41 Member Abortion Funds filed.

Brief amici curiae of Janice MacAvoy, et al. filed.

Brief amici curiae of National Center for Lesbian Rights, et al. filed.

Brief amici curiae of Twelve Organizations Dedicated to the Fight for Reproductive Justice filed.

Brief amici curiae of National Latina Institute for Reproductive Health, et al. filed.

Brief amici curiae of Experts and Organizations Supporting Survivors of Intimate Partner Violence filed.

Brief amici curiae of Medical Staff Professionals filed.

Brief amici curiae of Constitutional Law Scholars Ashutosh Bhagwat, et al. filed.

Brief amici curiae of Honorable Wendy Davis, Teresa Fedor, Lucy Flores, and Judy Nicastro filed.

Brief amici curiae of Ten Pennsylvania Abortion Care Providers filed.

Record requested from U.S.C.A. 5th Circuit.

Brief amici curiae of Judson Memorial Church, et al. filed.

Brief amici curiae of Freedom and Individual Rights in Medicine (FIRM), et al. filed.

Brief amici curiae of National Advocates for Pregnant Women, et al. filed.

Brief amici curiae of The City of New York, et al. filed. (Distributed)

Brief amici curiae of Service Women's Action Network and Retired or Former Military Officers filed. (Distributed)

Brief amici curiae of Business Leaders filed. (Distributed)

Brief amici curiae of Republican Majority for Choice, et al. filed.

Brief amici curiae of Law Professors Melissa Murray, et al. filed.

Brief amicus curiae of Facility Guidelines Institute in support of neither party filed.

Brief amici curiae of Kate Banfield, et al. filed.

Brief amici curiae of Theologians and Ethicists filed.

Brief amici curiae of The American Civil Liberties Union, et al. filed.

Brief of petitioners Whole Woman's Health, et al. filed.

Joint appendix filed (7 Volumes). (Statement of costs filed)

Motion to file Volume VIII of the joint appendix under seal filed by petitioners Whole Woman's Health, et al.

Brief amicus curiae of The Legal Defense for Unborn Children in support of neither party filed.

SET FOR ARGUMENT ON Wednesday, March 2, 2016

Petition GRANTED.

DISTRIBUTED for Conference of November 13, 2015.

DISTRIBUTED for Conference of November 6, 2015.

Reply of petitioners Whole Woman's Health, et al. filed.

Brief amici curiae of New York, et al. filed.

Brief amicus curiae of National Abortion Federation filed.

Brief amici curiae of American College of Obstetricians and Gynecologists, et al. filed.

Brief amicus curiae of American Public Health Association filed.

Brief of respondents Kirk Cole, Commissioner, Texas Department of State Health Services, et al. in opposition filed.

Brief amici curiae of Professors Michael Dorf, Helen Hershkoff, Gillian Metzger, Neil Siegel, and David Strauss filed.

Petition for a writ of certiorari filed. (Response due October 5, 2015)

Application (14A1288) referred to the Court.

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.

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.

Reply of applicant Whole Woman's Health, et al. filed.

Response to application from respondent Kirk Cole, Commissioner, Texas Department of State Health Services, et al. filed.

Response to application (14A1288) requested by Justice Scalia, due Friday, June 26, 2015, by 4:00 ET.

Application (14A1288) for a stay of mandate pending the filing and disposition of a petition for a writ of certiorari, submitted to Justice Scalia.

Parties

Whole Woman's Health, et al., Petitioner, represented by Stephanie Toti

John Hellerstedt, Commissioner, Texas Department of State Health Services, et al., Respondent, represented by Scott A. Keller

Amici Curiae

163 Members of Congress, Amicus Curiae, represented by Claude G. Szyfer

24 Scholars of Federalism, Amicus Curiae, represented by D. John Sauer

3,348 Women Injured by Abortion, and The Justice Foundation, Amicus Curiae, represented by Allan E. Parker Jr.

Advocates for Youth, Amicus Curiae, represented by Christopher J. Wright

African American and Hispanic American Organizations, Amicus Curiae, represented by Morse H. Tan

American Association of Pro-Life Obstetricians and Gynecologists, et al., Amicus Curiae, represented by Steven H. Aden

American Center for Law & Justice, et al., Amicus Curiae, represented by Jay Alan Sekulow

American College of Obstetricians and Gynecologists, et al., Amicus Curiae, represented by Kimberly A. Parker

American Public Health Association, Amicus Curiae, represented by Shannon Rose Selden

And Then There Were None, Amicus Curiae, represented by Stephen Casey

Association of American Physicians and Surgeons, Inc., Amicus Curiae, represented by S. Kyle Duncan

Bipartisan and Bicameral Coalition of 121 Texas Legislators, Amicus Curiae, represented by Craig Trively Enoch

Bipartisan Group of 174 United State Senators and Members of the United States House of Representatives, Amicus Curiae, represented by Charles J. Cooper

Business Leaders, Amicus Curiae, represented by Alan S. Gilbert

CatholicVote.org Legal Defense Fund, et al., Amicus Curiae, represented by Stephen G. Gilles Jr.

Center for Constitutional Jurisprudence, et al., Amicus Curiae, represented by John C. Eastman

CitizenLink, et al., Amicus Curiae, represented by Randall L. Wenger

Concerned Women for America, and Susan B. Anthony List, Amicus Curiae, represented by Lawrence J. Joseph

Conservative Legal Defense and Educational Fund, et al., Amicus Curiae, represented by William J. Olson

Constitutional Accountability Center, Amicus Curiae, represented by Elizabeth B. Wydra

Constitutional Law Scholars Ashutosh Bhagwat, et al., Amicus Curiae, represented by Gillian Elizabeth Metzger

David Boyle, Amicus Curiae, represented by David C. Boyle

Democrats for Life, and National Legal Foundation, Amicus Curiae, represented by Steven W. Fitschen

Experts and Organizations Supporting Survivors of Intimate Partner Violence, Amicus Curiae, represented by Sara Ainsworth

Experts in Health Policy, Amicus Curiae, represented by Justin G. Florence

Facility Guidelines Institute in support of neither party, Amicus Curiae, represented by Charles S. Sims

Former Abortion Providers, et al., Amicus Curiae, represented by Linda Boston Schlueter

Freedom and Individual Rights in Medicine (FIRM), et al., Amicus Curiae, represented by Atara Miller

Health Economists, Amicus Curiae, represented by Asim M. Bhansali

Historians, Amicus Curiae, represented by Kevin Murray Fong

Honorable Wendy Davis, Teresa Fedor, Lucy Flores, and Judy Nicastro, Amicus Curiae, represented by Linda Ceilia Goldstein

Illinois Right to Life, Amicus Curiae, represented by Thomas Brejcha Jr.

Indiana, et al., Amicus Curiae, represented by Thomas M. Fisher

Indiana Tech Law School Amicus Project, Amicus Curiae, represented by Adam Lamparello

Information Society Project at Yale Law School, Amicus Curiae, represented by Priscilla J. Smith

Institute for Women's Policy Research, et al., Amicus Curiae, represented by Susan J. Kohlmann

Jane's Due Process, Inc., Amicus Curiae, represented by Susan Hays

Janice MacAvoy, et al., Amicus Curiae, represented by Allan J. Arffa

Judson Memorial Church, et al., Amicus Curiae, represented by Eugene Martin Gelernter

Justice and Freedom Fund, Amicus Curiae, represented by James L. Hirsen

Kate Banfield, et al., Amicus Curiae, represented by Michael J. Dell

Lambda Legal Defense and Education Fund, Inc., Amicus Curiae, represented by Susan L. Sommer

Law Professors Melissa Murray, et al., Amicus Curiae, represented by Daralyn Jeannine Durie

Legal Center for Defense of Life, Amicus Curiae, represented by Andrew L. Schlafly

Live Action, Amicus Curiae, represented by Stephen L. Braga

Medical Staff Professionals, Amicus Curiae, represented by Philip Henry Lebowitz

More Than 450 Bipartisan and Bicameral State Legislators and Lieutenant Governors, Amicus Curiae, represented by Mailee R. Smith

National Abortion Federation and Abortion Providers, Amicus Curiae, represented by Janice Marie MacAvoy

National Advocates for Pregnant Women, et al., Amicus Curiae, represented by Lynn Mara Paltrow

National Center for Lesbian Rights, et al., Amicus Curiae, represented by Sanford Jay Rosen

, National Latina Institute for Reproductive Health, et al., Amicus Curiae, represented by Cynthia Soohoo

National Network of Abortion Funds and 41 Member Abortion Funds, Amicus Curiae, represented by Matthew Scott Trokenheim

National Physicians Alliance, et al., Amicus Curiae, represented by Boris Bershteyn

National Right to Life Committee, Amicus Curiae, represented by James Bopp Jr.

National Women's Law Center, et al., Amicus Curiae, represented by Gretchen Ranley Borchelt

New York City Bar Association, Amicus Curiae, represented by Katharine Elizabeth Sinclair Bodde

New York, et al., Amicus Curiae, represented by Barbara D. Underwood

Operation Rescue, and National Hispanic Christian Leadership Conference/CONELA, Amicus Curiae, represented by Mathew D. Staver

Physicians for Reproductive Health, Amicus Curiae, represented by E. Joshua Rosenkranz

Physicians with Experience Treating Women in Rural or Emergency Settings, Amicus Curiae, represented by Teresa Stanton Collett

Planned Parenthood Federation of America, et al., Amicus Curiae, represented by Carrie Y. Flaxman

Priests for Life, Amicus Curiae, represented by Robert Joseph Muise

Professors Michael Dorf, Helen Hershkoff, Gillian Metzger, Neil Siegel, and David Strauss, Amicus Curiae, represented by Robert Michael Yablon

Public Health Deans, Department Chairs, and Faculty and the American Public Health Association, Amicus Curiae, represented by Shannon Rose Selden

Republican Majority for Choice, et al., Amicus Curiae, represented by Catherine M. Foti

Right to Life Advocates, Inc., Amicus Curiae, represented by Richard W. Schmude

Scientists, Science Educators, Skeptics, et al., Amicus Curiae, represented by Edward Tabash

Service Women's Action Network and Retired or Former Military Officers, Amicus Curiae, represented by Agnes Dunogue

Social Science Researchers, Amicus Curiae, represented by Walter Dellinger

Society of Hospital Medicine and Society of OB/Gyn Hospitalists, Amicus Curiae, represented by Clifton S. Elgarten

Ten Pennsylvania Abortion Care Providers, Amicus Curiae, represented by Susan J. Frietsche

Texas Association Against Sexual Assault, et al., Amicus Curiae, represented by Lisa Hill Fenning

Texas Eagle Forum, et al., Amicus Curiae, represented by Lawrence J. Joseph

Texas Values, and 3891 Lancaster Film Project, Amicus Curiae, represented by Cleta Mitchell

The American Civil Liberties Union, et al., Amicus Curiae, represented by Andrew David Beck

The City of New York, et al., Amicus Curiae, represented by Zachary W. Carter

The Governors of Texas, Alabama, et al., Amicus Curiae, represented by James D. Blacklock

The Legal Defense for Unborn Children in support of neither party, Amicus Curiae, represented by Alan Ernest

Theologians and Ethicists, Amicus Curiae, represented by Craig E. Countryman

Twelve Organizations Dedicated to the Fight for Reproductive Justice, Amicus Curiae, represented by Wesley R. Powell

United States, Amicus Curiae, represented by Donald B. Verrilli Jr.

United States Conference of Catholic Bishops, et al., Amicus Curiae, represented by Anthony R. Picarello Jr.

University Faculty for Life and Texas Alliance for Life Trust Fund, Amicus Curiae, represented by Jonathan F. Mitchell

Wisconsin, Amicus Curiae, represented by Misha Tseytlin

 
Last updated: March 24, 2017