Whole Woman's Health v. Jackson
U.S. Supreme Court · decided December 10, 2021 · Supreme Court Database (Spaeth)
- Decided
- December 10, 2021
- Term
- October Term 2021
- Vote
- 5–4
- Majority author
- Justice Gorsuch
- Issue area
- Judicial Power
- Disposition
- Affirmed and reversed (or vacated) in part and remanded
- Outcome
- Petitioning party lost
- Ideological direction
- Conservative
Opinion excerpt
(Slip Opinion) OCTOBER TERM, 2021 1 Syllabus NOTE: Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit Timber & Lumber Co., 200 U. S. 321 , 337. SUPREME COURT OF THE UNITED STATES Syllabus WHOLE WOMAN’S HEALTH ET AL. v. JACKSON, JUDGE, DISTRICT COURT OF TEXAS, 114TH DISTRICT, ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 21–463. Argued November 1, 2021—Decided December 10, 2021 The Court granted certiorari before judgment in this case to determine whether the petitioners may pursue a pre-enforcement challenge to Texas Senate Bill 8—the Texas Heartbeat Act—a Texas statute en- acted in 2021 that prohibits physicians from performing or inducing an abortion if the physician detected a fetal heartbeat. S. B. 8 does not allow state officials to bring criminal prosecutions or civil actions to enforce the law but instead directs enforcement through “private civil actions” culminating in injunctions and statutory damages awards against those who perform or assist with prohibited abortions. Tex. Health & Safety Code Ann. §§171.204 (a), 171.207(a), 171.208(a)(2), (3). Tracking language…
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