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ZIMMERMAN v. CITY OF AUSTIN

No. 21-0262.

658 S.W.3d 289 (2022)

Don ZIMMERMAN, Petitioner, v. CITY OF AUSTIN; and Spencer Cronk, in his Official Capacity as City Manager of the City of Austin, Respondents.

Supreme Court of Texas.

OPINION DELIVERED: December 30, 2022.

Attorney(s) appearing for the Case

Emily Kebodeaux Cook , for Amici Curiae Conservative Republicans of Texas, Assembly of Yahweh (7th Day) of Cisco, Texas, Mountain Top Church of Cisco, Texas, U.S. Pastor Council, West Texas for Life, Canopy Global Foundation, West Texans for Life, Young Conservatives of Texas at Texas Tech, Tea Party Patriots of Eastland County, Southern Baptists of Texas Convention, Project Destiny Lubbock, Raiders Defending Life at Texas Tech, Texas Eagle Forum, Human Defense Initiative, Students for Life Action, Christ Fellowship Church of Big Spring, Texas, Trandem, Karysse, Mark Lee Dickson, Texas Values, Rio Grande Valley Prolife Apostolate, Grassroots America — We The People, True Texas Project, Texas Young Republican Federation, Texas Family Defense Committee, Right to Life of East Texas, Students for Life of America.

Laurellen Ratliff , Anne L. Morgan , Austin, Hannah M. Vahl , Meghan L. Riley , for Respondents.

Heather Gebelin Hacker , Jay Alan Sekulow , Laura B. Hernandez , for Amici Curiae American Center for Law and Justice, American Association of Pro-Life Obstetricians and Gynecologists, University Faculty for Life, Charlotte Lozier Institute, National Right to Life, Family Research Council, American Values, Human Coalition, Americans United for Life, CatholicVote.org Education Fund, Susan B. Anthony List.

Thomas Brejcha , Charles W. Fillmore , Fort Worth, Jonathan F. Mitchell , H. Dustin Fillmore III , Fort Worth, Martin Whittaker, for Petitioner.

Jerri Lynn Ward , Lakeway, Gene P. Hamilton , for Amicus Curiae America First Legal Foundation.

LaDawn Nandrasy , Emily Kebodeaux Cook , for Amicus Curiae Texas Right to Life.

Chance Dean Weldon , Austin, Munera Al-Fuhaid , Autumn Patterson , Robert Earl Henneke , Kerrville, for Amicus Curiae Texas Public Policy Foundation.

Briscoe Cain III , Douglas Bryan Hughes , for Amicus Curiae Phelan, Dade.

In September 2019, the City of Austin approved a budget for its upcoming fiscal year that allocated $150,000 to fund entities "providing or facilitating logistical and support services for Austin residents seeking abortion care." The next day, Don Zimmerman, an Austin resident, sued the City and its City Manager,1

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