| 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 | |
| Date | Proceedings and Orders |
| Sep 23 2021 | Petition for a writ of certiorari before judgment filed. (Response due October 28, 2021) |
| PetitionAppendixCertificate of Word CountProof 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 DocumentCertificate of Word CountProof of Service | |
| Oct 21 2021 | Brief amicus curiae of Firearms Policy Coalition filed. |
| Main DocumentCertificate of Word CountProof 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 DocumentProof of Service | |
| Oct 25 2021 | Brief amicus curiae of California ProLife Council filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 26 2021 | Brief amicus curiae of The Becket Fund for Religious Liberty filed (also in 21-588). VIDED. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 26 2021 | Brief amici curiae of Leading Medical Organizations filed (also in 21-588). VIDED. (Distributed) |
| Main DocumentCertificate of Word CountProof 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 DocumentCertificate of Word CountProof of Service | |
| Oct 27 2021 | Brief of petitioners Whole Woman's Health, et al. filed. (Distributed) |
| Main DocumentProof of ServiceCertificate of Word CountProof of Service | |
| Oct 27 2021 | Consolidated brief of state respondents filed (also in 21-588). VIDED. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 27 2021 | Brief of respondent Penny Clarkston filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 27 2021 | Brief of respondent Mark Lee Dickson filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 27 2021 | Brief amici curiae of Massachusetts, et al. filed (also in 21-588). VIDED. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 27 2021 | Brief amicus curiae of Constitutional Accountability Center filed. (Distributed) |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Oct 27 2021 | Brief amici curiae of Legal Scholars filed (also in 21-588). VIDED. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 27 2021 | Brief amici curiae of Local Governments filed (also in 21-588). VIDED. (Distributed) |
| Main DocumentCertificate of Word CountProof 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 DocumentCertificate of Word CountProof of Service | |
| Oct 27 2021 | Brief amicus curiae of Firearms Policy Coalition filed. (Distributed) |
| Main DocumentCertificate of Word Count | |
| Oct 27 2021 | Brief amici curiae of Lawyers' Committee for Civil Rights Under Law, et al. filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 27 2021 | Brief amicus curiae of NAACP Legal Defense & Educational Fund, Inc. filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 27 2021 | Brief amicus curiae of American Center for Law and Justice filed (also in 21-588). VIDED. (Distributed) |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Oct 27 2021 | Brief amicus curiae of Life Legal Defense Foundation filed (also in 21-588). VIDED. (Distributed) |
| Main DocumentCertificate of Word CountProof 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 DocumentProof of ServiceCertificate 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 DocumentCertificate of Word CountProof of Service | |
| Oct 29 2021 | Consolidated reply brief of state respondents filed (also in 21-588). VIDED. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 29 2021 | Reply brief of respondent Mark Lee Dickson filed. (Distributed) |
| Main DocumentCertificate of Word Count | |
| Oct 29 2021 | Reply brief of respondent Penny Clarkston filed. (Distributed) |
| Main DocumentCertificate of Word CountProof 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 DocumentProof of Service | |
| Dec 13 2021 | Response to application from respondents Stephen Carlton, et al. filed. |
| Main DocumentProof of Service | |
| Dec 14 2021 | Reply of applicants Whole Woman's Health, et al. filed. |
| ReplyProof 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 DocumentProof 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. |
| NAME | ADDRESS | PHONE |
| 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 | 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 | 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 | (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 | 512-936-1700 |
| Party name: Austin Reeve Jackson, et al. | ||
| Other | ||
| Brianne Jenna Gorod Counsel of Record | Constitutional Accountability Center 1200 18th Street, NW Suite 501 Washington, DC 20036 brianne@theusconstitution.org | 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 | 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 | 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 | 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 | (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 | 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 | (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 | (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 | (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 | 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 | (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 | 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 | 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 | (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 | 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 | 5123701336 |
| Party name: Texas Medical Association | ||