WHOLE WOMAN'S HEALTH v. JACKSON

No. 21-50792.

13 F.4th 434 (2021)

WHOLE WOMAN'S HEALTH, on behalf of itself, its staff, physicians, nurses, and patients; Alamo City Surgery Center, P.L.L.C., on behalf of itself, its staff, physicians, nurses, and patients, doing business as Alamo Women's Reproductive Services; Brookside Women's Medical Center, P.A., on behalf of itself, its staff, physicians, nurses, and patients, doing business as Brookside Women's Health Center and Austin Women's Health Center; Houston Women's Clinic, on behalf of itself, its staff, physicians, nurses, and patients; Houston Women's Reproductive Services, on behalf of itself, its staff, physicians, nurses, and patients; Planned Parenthood Center for Choice, on behalf of itself, its staff, physicians, nurses, and patients; Planned Parenthood of Greater Texas Surgical Health Services, on behalf of itself, its staff, physicians, nurses, and patients; Planned Parenthood South Texas Surgical Center, on behalf of itself, its staff, physicians, nurses, and patients; Southwestern Women's Surgery Center, on behalf of itself, its staff, physicians, nurses, and patients; Whole Women's Health Alliance, on behalf of itself, its staff, physicians, nurses, and patients; Medical Doctor Allison Gilbert, on behalf of herself and her patients; Medical Doctor Bhavik Kumar, on behalf of himself and his patients; The Afiya Center, on behalf of itself and its staff; Frontera Fund, on behalf of itself and its staff; Fund Texas Choice, on behalf of itself and its staff; Jane's Due Process, on behalf of itself and its staff; Lilith Fund, Incorporated, on behalf of itself and its staff; North Texas Equal Access Fund, on behalf of itself and its staff; Reverend Erika Forbes; Reverend Daniel Kanter; Marva Sadler, Plaintiffs-Appellees, v. Judge Austin Reeve JACKSON; Penny Clarkston; Mark Lee Dickson; Stephen Brint Carlton; Katherine A. Thomas; Cecile Erwin Young; Allison Vordenbaumen Benz; Ken Paxton, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

FILED September 10, 2021.


Attorney(s) appearing for the Case

Marc A. Hearron , Center for Reproductive Rights, Washington, DC, Molly Rose Duane , Center for Reproductive Rights, U.S. Legal Program, New York, NY, Joseph Alexander Lawrence, Esq. , Jamie A. Levitt, Esq. , Morrison & Foerster, L.L.P., New York, NY, Stephanie Toti, Esq. , Staff Attorney, Lawyering Project, Brooklyn, NY, for Plaintiffs-Appellees Whole Woman's Health, Alamo City Surgery Center, P.L.L.C., Brookside Women's Medical Center, P.A., Houston Women's Reproductive Services, Southwestern Women's Surgery Center, Whole Women's Health Alliance, Afiya Center, Frontera Fund, Fund Texas Choice, Jane's Due Process, Lilith Fund, North Texas Equal Access Fund, Erika Forbes, Daniel Kanter, Marva Sadler, and Allison Gilbert.

Brigitte Adrienne Amiri , Senior Attorney, Julia Kaye , American Civil Liberties Union Foundation, New York, NY, Lorie Ann Chaiten , American Civil Liberties Union, Chicago, IL, Andre Segura , American Civil Liberties Union of Texas, Houston, TX, for Plaintiff-Appellee Houston Women's Clinic.

Richard Muniz , Julie A. Murray , Planned Parenthood Federation of America, Washington, DC, for Plaintiffs-Appellees Planned Parenthood Center for Choice, Planned Parenthood of Greater Texas Surgical Health Services, Planned Parenthood South Texas Surgical Center, and Bhavik Kumar.

Judd Edward Stone, II , Beth Ellen Klusmann, Esq. , Natalie Deyo Thompson , Benjamin Walton , Office of the Attorney General for the State of Texas, Austin, TX, for Defendants-Appellants Austin Reeve Jackson, Stephen Brint Carlton, Katherine A. Thomas, Cecile Erwin Young, Allison Vordenbaumen Benz, and Ken Paxton.

Heather Gebelin Hacker , Andrew Bowman Stephens , Assistant Attorney General, Hacker Stephens, L.L.P., Austin, TX, for Defendant-Appellant Penny Clarkston.

Jonathan F. Mitchell , Austin, TX, for Defendant-Appellant Mark Lee Dickson.

Before Jones, Duncan, and Engelhardt, Circuit Judges.


This case presents a challenge to a recently enacted Texas law, S.B. 8, which authorizes private civil actions against persons who abort an unborn child with a detectable fetal heartbeat. The plaintiffs, a coalition of Texas abortion providers, principally seek an injunction against the Texas court system—judges, clerks, and a hypothetical...

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