No. 21-463
Vide 21-582, 21-583, 21-587
 
Title: Whole Woman's Health, et al., Petitioners
v.
Austin Reeve Jackson, Judge, District Court of Texas, 114th District, et al.
Docketed: September 28, 2021
Linked with: 21A220
Lower Ct: United States Court of Appeals for the Fifth Circuit
   Case Numbers: (21-50792)
Questions Presented
 
Proceedings and Orders
Sep 23 2021 Petition for a writ of certiorari before judgment filed. (Response due October 28, 2021)
Petition Appendix Certificate of Word Count Proof of Service
Sep 23 2021 Motion to expedite consideration of the petition for a writ of certiorari before judgment filed by petitioners.
Main Document
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.
Main Document Certificate of Word Count Proof of Service
Oct 21 2021 Brief amicus curiae of Firearms Policy Coalition filed.
Main Document Certificate of Word Count Proof of Service
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.
Blanket Consent
Oct 24 2021 Blanket Consent filed by Petitioner, Whole Woman's Health, et al.
Blanket Consent
Oct 25 2021 Motion for divided argument filed by respondents.
Main Document Proof of Service
Oct 25 2021 Brief amicus curiae of California ProLife Council filed. (Distributed)
Main Document Certificate of Word Count Proof of Service
Oct 26 2021 Brief amicus curiae of The Becket Fund for Religious Liberty filed (also in 21-588). VIDED. (Distributed)
Main Document Certificate of Word Count Proof of Service
Oct 26 2021 Brief amici curiae of Leading Medical Organizations filed (also in 21-588). VIDED. (Distributed)
Main Document Certificate of Word Count Proof of Service
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)
Main Document Certificate of Word Count Proof of Service
Oct 27 2021 Brief of petitioners Whole Woman's Health, et al. filed. (Distributed)
Main Document Proof of Service Certificate of Word Count Proof of Service
Oct 27 2021 Consolidated brief of state respondents filed (also in 21-588). VIDED. (Distributed)
Main Document Certificate of Word Count Proof of Service
Oct 27 2021 Brief of respondent Penny Clarkston filed. (Distributed)
Main Document Certificate of Word Count Proof of Service
Oct 27 2021 Brief of respondent Mark Lee Dickson filed. (Distributed)
Main Document Certificate of Word Count Proof of Service
Oct 27 2021 Brief amici curiae of Massachusetts, et al. filed (also in 21-588). VIDED. (Distributed)
Main Document Certificate of Word Count Proof of Service
Oct 27 2021 Brief amicus curiae of Constitutional Accountability Center filed. (Distributed)
Main Document Proof of Service Certificate of Word Count
Oct 27 2021 Brief amici curiae of Legal Scholars filed (also in 21-588). VIDED. (Distributed)
Main Document Certificate of Word Count Proof of Service
Oct 27 2021 Brief amici curiae of Local Governments filed (also in 21-588). VIDED. (Distributed)
Main Document Certificate of Word Count Proof of Service
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)
Main Document Certificate of Word Count Proof of Service
Oct 27 2021 Brief amicus curiae of Firearms Policy Coalition filed. (Distributed)
Main Document Certificate of Word Count
Oct 27 2021 Brief amici curiae of Lawyers' Committee for Civil Rights Under Law, et al. filed. (Distributed)
Main Document Certificate of Word Count Proof of Service
Oct 27 2021 Brief amicus curiae of NAACP Legal Defense & Educational Fund, Inc. filed.
Main Document Certificate of Word Count Proof of Service
Oct 27 2021 Brief amicus curiae of American Center for Law and Justice filed (also in 21-588). VIDED. (Distributed)
Main Document Proof of Service Certificate of Word Count
Oct 27 2021 Brief amicus curiae of Life Legal Defense Foundation filed (also in 21-588). VIDED. (Distributed)
Main Document Certificate of Word Count Proof of Service
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)
Main Document Proof of Service Certificate of Word Count
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)
Main Document Certificate of Word Count Proof of Service
Oct 29 2021 Consolidated reply brief of state respondents filed (also in 21-588). VIDED. (Distributed)
Main Document Certificate of Word Count Proof of Service
Oct 29 2021 Reply brief of respondent Mark Lee Dickson filed. (Distributed)
Main Document Certificate of Word Count
Oct 29 2021 Reply brief of respondent Penny Clarkston filed. (Distributed)
Main Document Certificate of Word Count Proof of Service
Nov 01 2021 Argued. For petitioners: Marc A. Hearron, Washington, D. C. For respondents: Judd E. Stone, II, Solicitor General, Austin, Tex.
Dec 10 2021 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.
Dec 13 2021 Application (21A220) to issue the judgment forthwith, submitted to Justice Gorsuch.
Main Document Proof of Service
Dec 13 2021 Response to application from respondents Stephen Carlton, et al. filed.
Main Document Proof of Service
Dec 14 2021 Reply of applicants Whole Woman's Health, et al. filed.
Reply Proof of Service
Dec 14 2021 Letter from applicants regarding reply received.
Main Document
Dec 14 2021 Response to application from respondents Mark Lee Dickson, et al. filed.
Main Document Proof of Service
Dec 16 2021 JUDGMENT ISSUED.
Dec 16 2021 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.
Attorneys
Attorneys for Petitioners
Marc Andrew Hearron
Counsel of Record
Center for Reproductive Rights
1634 Eye St NW
Suite 600
Washington, DC 20006

mhearron@reprorights.org
Ph: 202-524-5539
Party name: Whole Woman's Health, et al.


Attorneys for Respondents
Heather Gebelin Hacker
Counsel of Record
Hacker Stephens LLP
108 Wild Basin Rd
Suite 250
Austin, TX 78746

heather@hackerstephens.com
Ph: 512-399-3022
Party name: Penny Clarkston


Jonathan F. Mitchell
Counsel of Record
Mitchell Law PLLC
111 Congress Avenue
Suite 400
Austin, TX 78701

jonathan@mitchell.law
Ph: (512) 686-3940
Party name: Mark Lee Dickson


Judd Edward Stone II
Counsel of Record
Texas Attorney General's Office
P.O. Box 12548 (MC 059)
Austin, TX 78711-2548

judd.stone@oag.texas.gov
Ph: 512-936-1700
Party name: Austin Reeve Jackson, et al.


Other Attorneys
Brianne Jenna Gorod
Counsel of Record
Constitutional Accountability Center
1200 18th Street, NW
Suite 501
Washington, DC 20036

brianne@theusconstitution.org
Ph: 202-296-6889
Party name: Constitutional Accountability Center


Sheila Ann Green
Counsel of Record
Shelia Green, Esq
P.O. Box 1434
Columbia, CA 95310-1434

sheilaanngreen@gmail.com
Ph: 2093807108
Party name: California ProLife Council


Amanda Stephanie Hainsworth
Counsel of Record
Office of the Massachusetts Attorney General
1 Ashburton Place
Boston, MA 02108

amanda.hainsworth@mass.gov
Ph: 617-963-2618
Party name: Massachusetts, et al.


Claudia Lesley Hammerman
Counsel of Record
Paul, Weiss, Rifkind, Wharton & Garrison LLP
1285 Avenue of the Americas
New York, NY 10019-6064

chammerman@paulweiss.com
Ph: 212-373-3000
Party name: Lawyers' Committee for Civil Rights Under Law, et al.


Kathleen Roberta Hartnett
Counsel of Record
Cooley LLP
3 Embarcadero Center
20th Floor
San Francisco, CA 94111

khartnett@cooley.com
Ph: (415) 693-2071
Party name: Constitutional Law, Federal Courts, Civil Rights, and Civil Procedure Scholars


Erik S. Jaffe
Counsel of Record
Schaerr | Jaffe LLP
1717 K Street, N.W., Suite 900
Washington, DC 20006

ejaffe@schaerr-jaffe.com
Ph: 202-787-1060
Party name: Firearms Policy Coalition


Adam Lamparello
Counsel of Record
Georgia College and State University
231 W. Hancock Street
Milledgeville, GA 31061

adamlamparello@yahoo.com
Ph: (478) 445-5004
Party name: Professors Adam Lamparello, Charles E. MacLean, and Brian Owsley


John P. Mastando III
Counsel of Record
Weil, Gotshal & Manges LLP
767 Fifth Avenue
New York, NY 10153

john.mastando@weil.com
Ph: (212) 310-8000
Party name: 128 Current and Former Prosecutors and Law Enforcement Leaders, et al.


Alison Beth Miller
Counsel of Record
Holwell Shuster and Goldberg
425 Lexington Avenue, 14th Floor
New York, NY 10017

amiller@hsgllp.com
Ph: (646) 837-8559
Party name: Legal Scholars


Jonathan B. Miller
Counsel of Record
Public Rights Project
4096 Piedmont Avenue, #149
Oakland, CA 94611

jon@publicrightsproject.org
Ph: 6468316113
Party name: Local Governments


Mark Leonard Rienzi
Counsel of Record
The Becket Fund for Religious Liberty
1919 Pennsylvania Avenue NW
Suite 400
Washington, DC 20006

mrienzi@becketlaw.org
Ph: (202) 955-0095
Party name: The Becket Fund for Religious Liberty


Jay Alan Sekulow
Counsel of Record
American Center for Law and Justice
201 Maryland Avenue, N.E.
Washington, DC 20002

sekulow@aclj.org
Ph: 2025468890
Party name: American Center for Law and Justice


Shannon Rose Selden
Counsel of Record
Debevoise & Plimpton LLP
919 3rd Avenue
New York, NY 10022

srselden@debevoise.com
Ph: 212-909-6000
Party name: Leading Medical Organizations


Catherine Wynne Short
Counsel of Record
Life Legal Defense Foundation
P.O. Box 2105
Napa, CA 94558

kshort@lldf.org
Ph: (707) 224-6675
Party name: Life Legal Defense Foundation


Samuel Spital
Counsel of Record
NAACP Legal Defense & Educational Fund, Inc.
40 Rector Street
Fifth Floor
New York, NY 10006

sspital@naacpldf.org
Ph: 212-965-2205
Party name: NAACP Legal Defense & Educational Fund, Inc.


Donald P. Wilcox
Counsel of Record
Texas Medical Assoc.
401 West 15th Street
10th Floor
Austin, TX 78701

rocky.wilcox@texmed.org
Ph: 5123701336
Party name: Texas Medical Association