IN RE: Greg ABBOTT, in his official capacity as Governor of Texas; Ken Paxton, in his official capacity as Attorney General of Texas; Phil Wilson, in his official capacity as Acting Executive Commissioner of the Texas Health and Human Services Commission; Stephen Brint Carlton, in his official capacity as Executive Director of the Texas Medical Board; Katherine A. Thomas, in her official capacity as the Executive Director of the Texas Board of Nursing, Petitioners.
United States Court of Appeals, Fifth Circuit.https://leagle.com/images/logo.png
Elizabeth Baker Murrill, Esq. , Assistant Attorney General, Office of the Attorney General for the State of Louisiana, Baton Rouge, LA, for Amici Curiae State of Alabama, State of Arkansas, State of Idaho, State of Indiana, State of Kentucky, State of Louisiana, State of Mississippi, State of Missouri, State of Nebraska, State of Ohio, State of Oklahoma, State of South Carolina, State of South Dakota, State of Tennessee, State of Utah, State of West Virginia.
Julie A. Murray , Richard Muniz , Hannah Swanson , Washington, DC, Jennifer Sandman , New York, NY, Planned Parenthood Federation of America, for Respondents Planned Parenthood Center for Choice, Planned Parenthood of Greater Texas Surgical Health Services, Planned Parenthood South Texas Surgical Center.
Patrick J. O'Connell , Law Offices of Patrick J. O'Connell, P.L.L.C., Austin, TX, for Respondents.
Rupali Sharma , Portland, ME, Stephanie Toti, Esq. , Staff Attorney, New York, NY, Lawyering Project, for Respondents Whole Woman's Health, Whole Woman's Health Alliance.
Molly Rose Duane , Center for Reproductive Rights, U.S. Legal Program, New York, NY, for Respondents Southwestern Women's Surgery Center, Brookside Women's Medical Center, P.A., doing business as Brookside Women's Health Center and Austin Women's Health Center, Robin Wallace, M.D., M.A.S.
Edward Lawrence White , American Center for Law & Justice, Ann Arbor, MI, for Amicus Curiae AMERICAN Center for Law and Justice.
Jonathan F. Mitchell , Austin, TX, for Amici Curiae American Association of Pro-Life Obstetricians & Gynecologists, Texas Values, Indiana Family Institute, Family Heritage Alliance Action, South Dakota, Minnesota Family Council, Wisconsin Family Action, Alaska Family Action, California Family Council, Ohio Citizens for Community Values, Nebraska Family Alliance, Family Policy Institute of Washington, Family Foundation (Kentucky), Louisiana Family Forum.
Nicole A. Saharsky , Mayer Brown, L.L.P., Washington, DC, for Amici Curiae American College of Obstetricians and Gynecologists, American Medical Association, American Academy of Family Physicians, American Academy of Nursing, American Academy of Pediatrics, AAGL, American College of Nurse-Midwives, American College of Osteopathic Obstetricians and Gynecologists, American Osteopathic Association, American Psychiatric Association, American Society of Reproductive Medicine, American Urogynecologic Society, North American Society for Pediatric and Adolescent Gynecology, National Association of Nurse Practitioners in Womens Health, Society of Family Planning, Society for Maternal-Fetal Medicine, Society of Gynecologic Oncology, Society of Gynecologic Surgeons, Society of Gynecologic Surgeons, Society of OB/Gyn Hospitalists.
Anisha Sasheen Dasgupta , Deputy Solicitor General, Office of the Attorney General for the State of New York, New York, NY, for Amid Curiae State of New York, State of California, State of Colorado, State of Connecticut, State of Delaware, State of Hawaii, State of Illinois, State of Maine, Commonwealth of Massachusetts, State of Minnesota, State of Nevada, State of New Mexico, State of Oregon, Commonwealth of Pennsylvania, State of Rhode Island, State of Vermont, Commonwealth of Virginia, State of Washington, District of Columbia.
Before DENNIS, ELROD, and DUNCAN, Circuit Judges.
STUART KYLE DUNCAN, Circuit Judge:
To preserve critical medical resources during the escalating COVID-19 pandemic, on March 22, 2020, the Governor of Texas issued executive order GA-09, which postpones non-essential surgeries and procedures until 11:59 p.m. on April 21, 2020. Reading GA-09 as an "outright ban" on
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