Decided

No. 21-463

<span>Docketed:</span><span>September 28, 2021</span> v. Austin Reeve Jackson, Judge, District Court of Texas, 114th District, et al.

from the United States Court of Appeals for the Fifth Circuit

See other cases from the Fifth Circuit.

Docket Entries

JUDGMENT ISSUED.

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.

Response to application from respondents Mark Lee Dickson, et al. filed.

Letter from applicants regarding reply received.

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

Application (21A220) to issue the judgment forthwith, submitted to Justice Gorsuch.

Response to application from respondents Stephen Carlton, et al. filed.

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.

Argued. For petitioners: Marc A. Hearron, Washington, D. C. For respondents: Judd E. Stone, II, Solicitor General, Austin, Tex.

Reply brief of respondent Penny Clarkston filed. (Distributed)

Consolidated reply brief of state respondents filed (also in 21-588). VIDED. (Distributed)

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

Reply brief of respondent Mark Lee Dickson filed. (Distributed)

Brief amicus curiae of American Center for Law and Justice filed (also in 21-588). VIDED. (Distributed)

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

Brief amici curiae of Lawyers' Committee for Civil Rights Under Law, et al. filed. (Distributed)

Brief amici curiae of 128 Current and Former Prosecutors and Law Enforcement Leaders, et al. filed (also in 21-588). VIDED. (Distributed)

Brief amici curiae of Constitutional Law, Federal Courts, Civil Rights, and Civil Procedure Scholars filed. (Distributed)

Brief amici curiae of Local Governments filed (also in 21-588). VIDED. (Distributed)

Brief amici curiae of Legal Scholars filed (also in 21-588). VIDED. (Distributed)

Brief amicus curiae of Constitutional Accountability Center filed. (Distributed)

Brief amici curiae of Massachusetts, et al. filed (also in 21-588). VIDED. (Distributed)

Brief of respondent Penny Clarkston filed. (Distributed)

Consolidated brief of state respondents filed (also in 21-588). VIDED. (Distributed)

Brief of respondent Mark Lee Dickson filed. (Distributed)

Record on appeal available on PACER. The USDC, W. District of Texas - transcript of August 4, 2021 hearing electronically received.

Brief amicus curiae of Life Legal Defense Foundation filed (also in 21-588). VIDED. (Distributed)

Brief amicus curiae of Firearms Policy Coalition filed. (Distributed)

Amicus brief of Texas Medical Association not accepted for filing. (October 27, 2021--resubmitted brief needs correction)

Amicus brief of Texas Medical Association not accepted for filing. (October 27, 2021--brief needs correction; resubmitted).

Brief amicus curiae of NAACP Legal Defense & Educational Fund, Inc. filed.

Motion for divided argument filed by respondents DENIED.

Brief amici curiae of Leading Medical Organizations filed (also in 21-588). VIDED. (Distributed)

Brief amicus curiae of The Becket Fund for Religious Liberty filed (also in 21-588). VIDED. (Distributed)

Brief amici curiae of Professors Adam Lamparello, Charles E. MacLean, and Brian Owsley filed. (Distributed)

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]).

Motion for divided argument filed by respondents.

Brief amicus curiae of California ProLife Council filed. (Distributed)

Blanket Consent filed by Petitioner, Whole Woman's Health, et al.

Blanket Consent filed by Respondent, Austin Reeve Jackson, et al.

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.

ARGUMENT SET FOR Monday, November 1, 2021.

Brief amicus curiae of Firearms Policy Coalition filed.

Brief of respondents in opposition filed.

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.

Petition for a writ of certiorari before judgment filed. (Response due October 28, 2021)

Motion to expedite consideration of the petition for a writ of certiorari before judgment filed by petitioners.

Parties

Whole Woman's Health, et al., Petitioner, represented by Marc Andrew Hearron

Austin Reeve Jackson, et al., Respondent, represented by Judd Edward Stone II

Mark Lee Dickson, Respondent, represented by Jonathan F. Mitchell

Penny Clarkston, Respondent, represented by Heather Gebelin Hacker

Amici Curiae

128 Current and Former Prosecutors and Law Enforcement Leaders, et al., Amicus Curiae, represented by John P. Mastando III

American Center for Law and Justice, Amicus Curiae, represented by Jay Alan Sekulow

California ProLife Council, Amicus Curiae, represented by Sheila Ann Green

Constitutional Accountability Center, Amicus Curiae, represented by Brianne Jenna Gorod

Constitutional Law, Federal Courts, Civil Rights, and Civil Procedure Scholars, Amicus Curiae, represented by Kathleen Roberta Hartnett

Firearms Policy Coalition, Amicus Curiae, represented by Erik S. Jaffe

Lawyers' Committee for Civil Rights Under Law, et al., Amicus Curiae, represented by Claudia Lesley Hammerman

Leading Medical Organizations, Amicus Curiae, represented by Shannon Rose Selden

Legal Scholars, Amicus Curiae, represented by Alison Beth Miller

Life Legal Defense Foundation, Amicus Curiae, represented by Catherine Wynne Short

Local Governments, Amicus Curiae, represented by Jonathan B. Miller

Massachusetts, et al., Amicus Curiae, represented by Amanda Stephanie Hainsworth

NAACP Legal Defense & Educational Fund, Inc., Amicus Curiae, represented by Samuel Spital

Professors Adam Lamparello, Charles E. MacLean, and Brian Owsley, Amicus Curiae, represented by Adam Lamparello

Texas Medical Association, Amicus Curiae, represented by Donald P. Wilcox

The Becket Fund for Religious Liberty, Amicus Curiae, represented by Mark Leonard Rienzi

 
Last updated: October 11, 2024