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.https://leagle.com/images/logo.png
Filed: January 17, 2022.
Filed: January 17, 2022.
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 , Jamie A. Levitt, Esqs. , Morrison & Foerster, L.L.P., New York, 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, Reverend Erika Forbes, Reverend Daniel Kanter, and Medical Doctor Allison Gilbert.
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 Medical Doctor Bhavik Kumar.
Marc A. Hearron , Center for Reproductive Rights, Washington, DC, Rupali Sharma , Lawyering Project, South Portland, ME, Stephanie Toti, Esq. , Staff Attorney, Lawyering Project, Brooklyn, NY, for Plaintiffs-Appellees Afiya Center, Frontera Fund, Fund Texas Choice, Jane's Due Process, Lilith Fund, and North Texas Equal Access Fund.
Judd Edward Stone, II , Office of the Attorney General, Office of the Solicitor General, Austin, TX, Beth Ellen Klusmann, Esq. , Office of the Attorney General for the State of Texas, Austin, TX, Natalie Deyo Thompson , Office of the Attorney General of Texas, Office of the Solicitor General, Austin, TX, Benjamin Walton , Office of the Attorney General, General Litigation Division, Austin, TX for Defendants-Appellants Judge Austin Reeve Jackson, Stephen Brint Carlton, Katherine A. Thomas, Cecile Erwin Young, Allison Vordenbaumen Benz, and Ken Paxton.
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 Louisiana, State of Alabama, State of Alaska, State of Arizona, State of Arkansas, State of Idaho, State of Indiana, State of Kansas, State of Kentucky, State of Mississippi, State of Missouri, State of Montana, State of Oklahoma, State of South Carolina, State of South Dakota, State of Utah, and State of West Virginia.
Before Jones, Higginson, and Duncan, Circuit Judges.
Edith H. Jones, Circuit Judge.
A Texas judge recently commenced his interlocutory opinion, which found some portions of Senate Bill 8, 87th Leg., Reg. Sess. (Tex. 2021) (codified at TEX. HEALTH & SAFETY CODE § 171.201, et seq.) ("S.B. 8") incompatible with the Texas Constitution, as follows: "This case is about the Texas Heartbeat...
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