Whole Woman's Health v. Jackson | Case No. 21-463 | Date Argued: 11/1/2021 | Date Decided: 12/10/2021

Background: The State of Texas adopted a law banning abortions at approximately six weeks of pregnancy, in clear violation of this Court's precedent. Rather than forthrightly defending the constitutionality of the law, or even the propriety of a state court enforcement proceeding, Texas crafted an unprecedented enforcement scheme that was designed to evade judicial review and shield this unconstitutional statute from the normal mechanisms by which state officials would otherwise have to enforce it. This state of affairs should not be tolerated in our federal system, especially where the rights at issue are explicitly protected by the Federal Constitution.

Question Presented: Whether a State can insulate from federal-court review a law that prohibits the exercise of a constitutional right by delegating to the general public the authority to enforce that prohibition through civil actions.

Holding: The order of the District Court is affirmed in part and reversed in part, and the case is remanded. ___F. Supp. 3d ___, affirmed in part, reversed in part, and remanded. JUSTICE GORSUCH announced the judgment of the Court, and delivered the opinion of the Court except as to Part II–C, concluding that a pre-enforcement challenge to S. B. 8 under the Federal Constitution may proceed past the motion to dismiss stage against certain of the named defendants but not others.

Result: Adjudged to be AFFIRMED IN PART, REVERSED IN PART, and case REMANDED.

Voting Breakdown: 9-0. Justice Gorsuch, announced the judgment of the Court and delivered the opinion of the Court except as to Part IIâC. Justices Alito, Kavanaugh and Barrett joined that opinion in full and Justice Thomas joined except for Part IIâC. Justice Thomas filed an opinion concurring in part and dissenting in part. Chief Justice Roberts filed an opinion concurring in the judgment in part and dissenting in part, in which Justices Breyer, Sotomayor and Kagan joined. Justice Sotomayor filed an opinion concurring in the judgment in part and dissenting in part, in which Justices Breyer and Kagan joined.

Link to Opinion: Here.

Oral Advocates:

For Petitioners: Marc A. Hearron, Washington, D.C. For Respondents: Judd E. Stone, II, Solicitor General, Austin, Tex.