SB 8: federalism issues

SB 8 AT THE SUPREME COURT: CERT BEFORE JUDGMENT TIMES TWO

Whole Woman’s Health v. Jackson, No. 1:21-cv-616 (W.D. Tex.), No. 21-50792 (5th Cir.), Supreme Court No. 21-463

Order, October 22, 2021
 

U.S. v. Texas, No. 1:21-cv-796 (W.D. Tex.), No. 21-50949, Supreme Court No. 21-578

Order, October 22, 2021
 
 
Respondents’ motion for divided argument in Whole Woman’s Health, October 25, 2021
 
 
Texas motion for divided argument in U.S. v. Texas, October 25, 2021
 
 
 
BRIEFING — PARTIES’ BRIEFS
 
Clarkston opening brief in Whole Woman’s Health, October 27, 2021
 
 
Dickson opening brief in Whole Woman’s Health, October 27, 2021
 
 
Intervenor-respondents’ opening brief in U.S. v. Texas, October 27, 2021
 
 
Texas and Texas officials’ opening brief in both cases, October 27, 2021
 
 
Clarkston reply brief in Whole Woman’s Health, October 29, 2021
 
 
Dickson reply brief in Whole Woman’s Health, October 29, 2021
 
 
Texas and Texas officials’ reply brief in both cases, October 29, 2021
 
 
US opening brief in U.S. v. Texas, October 27, 2021
 
 
Whole Woman’s Health opening brief in Whole Woman’s Health, October 27, 2021
 
 
US reply brief in U.S. v. Texas, October 29, 2021
 
 
Whole Woman’s Health reply brief in Whole Woman’s Health, October 29, 2021
 
 
 
 
BRIEFING — AMICUS BRIEFS
 
In Whole Woman’s Health
 
California ProLife Council amicus, 10/25
 
 
Constitutional Accountability Center amicus, 10/27
 
 
Constitutional Law Scholars amicus, 10/27
 
 
Firearms Policy Coalition amicus, 10/27
 
 
Lamporello amicus, 10/26
 
 
Lawyers’ Committee for Civil Rights Under Law amicus, 10/27
 
 
NAACP Legal & Ed. Defense Fund amicus, 10/27
 
 
 
 
In U.S. v. Texas
 
American Bar Ass’n amicus, 10/27
 
 
Blanca Telephone Co. amicus, 10/27
 
 
Boyle amicus, 10/27
 
 
Constitutional Accountability Center amicus, 10/27
 
 
410 Texas Women Injured by Abortion amicus, 10/27
 
 
Indiana et al amicus, 10/27
 
 
Litman amicus, 10/27
 
 
Planned Parenthood amicus, 10/27
 
 
 
 
In both cases
 
American Center for Law and Justice amicus, 10/27
 
 
Becket Fund amicus, 10/26
 
 
Leading Medical Organizations amicus, 10/26
 
 
Legal Scholars amicus, 10/27
 
 
Life Legal Defense Fund amicus, 10/27
 
 
 
 
 

xxxxx

Before Cert Before Judgment Day, there were the private enforcement case and the U.S. enforcement case.

THE TEXAS ABORTION PRIVATE ENFORCEMENT CASE
 
Whole Woman’s Health v. Jackson, No. 1:21-cv-616 (W.D. Tex., filed July 13, 2021)
 
Complaint, and exhibit
 
 
 
Memorandum in support of motion for summary judgment, July 13, 2021
 
 
[Exhibits]
 
Motion to certify defendant classes, July 16, 2021
 
 
Motion re status conference, July 23, 2021
 
 
Defendants’ motion to stay summary judgment and class certification, July 27, 2021
 
 
Plaintiffs’ opposition to stay, July 28, 2021
 
 
Order for August 4 conference, July 28, 2021
 
 
Defendant Clarkson’s opposed request for extension, July 30, 2021
 
 
Defendants’ reply supporting stay, July 30, 2021
 
 
Plaintiffs’ opposition to defendant Clarkston’s extension request, August 3, 2021
 
 
Scheduling order, August 3, 2021
 
 
State agency motion to dismiss, August 4, 2021
 
 
Jackson motion to dismiss, August 4, 2021
 
 
Dickson motion to dismiss, August 5, 2021
 
 
Clarkston motion to dismiss, August 5, 2021
 
 
Motion for reconsideration of scheduling order, August 6, 2021
 
 
Plaintiffs’ motion for preliminary injunction, August 7, 2021
 
 
Defendants’ motion to expedite reconsideration, August 8, 2021
 
 
Plaintiffs’ opposition to motion for reconsideration, August 8, 2021
 
 
Plaintiffs’ opposition to state agency defendants’ motion to dismiss, August 11, 2021
 
 
Plaintiffs’ opposition to Dickson motion to dismiss, August 11, 2021
 
 
Amended scheduling order, August 11, 2021
 
 
08/12/2021   Text Order MOOTING 52 Motion for Reconsideration entered by Judge Robert Pitman. In light of the revised scheduling order, Dkt. 60, and State Defendants’ notice, Dkt. 58, that they “intend to follow the revised briefing schedule,” IT IS ORDERED that this motion is MOOT. (This is a text-only entry generated by the court. There is no document associated with this entry.) (sh) (Entered: 08/12/2021)
Order for 8/30 preliminary injunction hearing, August 12, 2021
 
 
Plaintiffs’ opposition to Jackson/Clarkston motion to dismiss, August 12, 2021
 
 
State agency defendants’ reply supporting dismissal, August 13, 2021
 
 
Dickson reply supporting dismissal, August 13, 2021
 
 
Clarkston motion for excess pages and reply supporting dismissal, August 13, 2021
 
 
Jackson reply supporting dismissal, August 13, 2021
 
 
Clarkston dismissal reply as filed, August 16, 2021
 
 
Dickson opposition to preliminary injunction, August 16, 2021
 
 
Dickson motion to strike motion for preliminary injunction, August 16, 2021
 
 
Defendants’ motion for in person hearing, August 18, 2021
 
 
Clarkston opposition, August 18, 2021
 
 
State defendants’ opposition, August 18, 2021
 
 
Plaintiffs’ reply supporting injunction, including motion to exceed page limits, August 19, 2021
 
 
Order for in-person hearing, August 20, 2021
 
 
Plaintiffs’ opposition to motion to strike, August 23, 2021
 
 
Jackson opposition to class certification, August 25, 2021
 
 
Clarkston opposition to class certification, August 25, 2021
 
 
Order denying motions to dismiss, August 25, 2021
 
 
Notice of appeal, August 25, 2021
 
 
Defendants’ motion to stay, August 26, 2021
 
 
Defendants’ notice to the court, August 26, 2021
 
 
Plaintiffs’ opposition to stay, August 26, 2021
 
 
Defendants’ reply supporting stay, August 26, 2021
 
 
Order on stay motions, August 27, 2021
 
 
Scheduling order, August 27, 2021
 
 
Fifth Circuit # 21-50792
 
Not clear which got filed first: here is a set of Fifth Circuit pleadings and orders from 8/27
 
Emergency motion for stay, with appendix, No. 21-5, August 27, 2021
 
 
 
Plaintiffs’ letter, August 27, 2021
 
 
Plaintiffs’ emergency motion to expedite appeal, with appendix, August 27, 2021
 
 
 
Defendants’ letter re district court partial stay, August 27, 2021
 
 
Plaintiffs’ letter updating Circuit, August 27, 2021
 
 
Defendants’ opposition to expediting appeal, August 27, 2021
 
 
Plaintiffs’ motion to dismiss Dickson appeal and opposition to stay, with appendix, August 27, 2021
 
 
 
Plaintiffs’ reply supporting expediting appeal, August 27, 2021
 
 
Dickson letter, August 27, 2021
 
 
Second Dickson letter, August 27, 2021
 
 
Order, August 27, 2021
 
 
Plaintiffs’ motion for injunction pending appeal, August 29, 2021
 
 
Plaintiffs’ motion to lift stay, with appendix, August 29, 2021
 
 
 
Order, August 29, 2021
 
 
Order cancelling preliminary injunction hearing, August 29, 2021
 
 
Plaintiffs’ application for writ or order vacating stays, No. 21A24, August 30, 2021
 
 
Aug 30 2021 Response to application (21A24) requested by Justice Alito, due Tuesday, August 31, by 5 p.m. ET.
Defendants’ opposition to dismissing Dickson appeal, reply supporting stay, August 31, 2021
 
 
Defendants’ Supreme Court opposition, August 31, 2021
 
 
Defendant Dickson’s Supreme Court opposition, August 31, 2021
 
 
Plaintiffs’ Supreme Court reply, August 31, 2021
 
 
Supreme Court opinions, September 1, 2021
 
 
Fifth Circuit order, September 10, 2021
 
 
Plaintiffs’ petition for certiorari before judgment, with appendix, September 23, 2021
 
 
 
Plaintiffs’ motion to expedite, September 23, 2021
 
 
No. 21-463
 
Oct 18 2021 Petitioners’ motion to expedite consideration of the petition for a writ of certiorari before judgment is granted, and respondents are directed to file a response to the petition on or before noon on Thursday, October 21, 2021.
Defendants’ opposition to cert before judgment, October 21, 2021
 
 
Firearms Policy Coalition amicus, October 21, 2021
 
 
Conditional cross-petitions, filed October 21 and 22, 2021
 
Texas:
 
 
Dickson:
 
 
Clarkston:
 
 
Order, October 22, 2021
 
 
Order, October 22, 2021
 
 
 
 
======
 
U.S. v. TEXAS
 
U.S. v. Texas, No. 1:21-cv-796 (W.D. Tex., filed Sept. 9, 2021)
 
Complaint
 
 
09/09/2021   Remark: The original random judge assignment to Judge Yeakel was voided due to clerical error. Based on the related case information provided in the civil cover sheet, the case has been directly assigned to Judge Pitman. (kc). (Entered: 09/09/2021)
US motion for TRO, preceded by leave to exceed page limits request, September 14, 2021
 
 
Massachusetts and other states’ amicus, September 15, 2021
 
 
Scheduling order, September 15, 2021
 
 
Plaintiff’s proposed schedule, September 15, 2021
 
 
Order denying US motion to expedite and keeping hearing at 10/1, September 16, 2021
 
 
Texas motion for expedited discovery, September 20, 2021
 
 
Texas motion for expedited consideration of its discovery motion, September 20, 2021
 
 
Order partly granting expedited consideration, September 21, 2021
 
 
US opposition to expedited discovery, September 22, 2021
 
 
Order cancelling discovery hearing, September 22, 2021
 
 
Graham and others motion to intervene, September 22, 2021
 
 
Graham and others motion to expedite, September 23, 2021
 
 
Stilley motion to intervene, September 24, 2021
 
 
Order partly granting motion to expedite re intervention, September 24, 2021
 
 
Withdrawal of motion to expedite discovery, September 24, 2021
 
 
Stilley motion to expedite, September 27, 2021
 
 
Texas motion for in-person hearing, September 27, 2021
 
 
US response to motions to intervene, September 28, 2021
 
 
US response to motion for in-person hearing, September 28, 2021
 
 
Order granting motions to intervene, September 28, 2021
 
 
Order denying in-person hearing, September 28, 2021
 
 
Texas response to preliminary injunction motion, with appendix, September 29, 2021
 
 
 
Intervenors’ response to preliminary injunction motion, September 29, 2021
 
 
Court’s deficiency notice to Texas, September 29, 2021
 
 
Intervenors’ motion for reconsideration, September 29, 2021
 
 
US opposition to reconsideration, September 30, 2021
 
 
Intervenors’ reply supporting reconsideration, with e-mail exchanges, September 30, 2021
 
 
Order denying motion for reconsideration, September 30, 2021
 
 
Texas motion to dismiss, September 30, 2021
 
 
Texas’ objections to US exhibits, September 30, 2021
 
 
US reply supporting preliminary injunction, October 1, 2021
 
 
Preliminary injunction opinion, October 6, 2021
 
 
Texas notice of appeal, October 6, 2021
 
 
Intervenors’ notice of appeal, October 6. 2021
 
 
Fifth Circuit # 21-50949
 
Texas notice re notice of injunction, October 7, 2021
 
 
10/08/2021   Text Order GRANTING 74 Defendant’s Notice/Motion Regarding Compliance with the Preliminary Injunction Order 68 entered by Judge Robert Pitman. Given the State’s representation that the Office of Court Administration “has used this method to notify state courts and clerks of emergency orders relating to court administration[,]” (Dkt. 74, at 1), the Court approves of the method of dissemination proposed by the State, and trusts that the State will continue to comply with all aspects of its Order Granting Preliminary Injunction 68 . (This is a text-only entry generated by the court. There is no document associated with this entry.) (mplc) (Entered: 10/08/2021)
 
Texas motion for stay, etc., October 8, 2021
 
 
 
 
 
Intervenors’ motion for stay, etc., October 8, 2021
 
 
Fifth Circuit administrative stay, October 8, 2021
 
 
Constitutional Accountability Center amicus, October 11, 2021
 
 
Leading Medical Organizations amicus, October 11, 2021
 
 
Law Professors’ amicus, October 11, 2021
 
 
Planned Parenthood amicus, October 11, 2021
 
 
US oppostion to stay, October 11, 2021
 
 
Court’s request that Texas file reply by 10/14 noon CDT, October 12, 2021
 
 
Texas Medical Ass’n amicus, October 13, 2021
 
 
Indiana et al amicus, October 13, 2021

5C Indiana amicus

Texas reply supporting stay, October 14, 2021
 
 
Intervenors’ reply supporting stay, October 14, 2021
 
 
Stay order, October 14, 2021
 
 
US application to vacate stay, No. 21A85, October 18, 2021
 
 
Oct 18 2021 Response to application (21A85) requested by Justice Alito, due Thursday, October 21, by noon ET.
Massachusetts et al amicus, October 18, 2021
 
 
Planned Parenthood amicus, October 18, 2021
 
 
Leading Medical Organizations amicus, October 19, 2021
 
 
Ad Law, Con Law, and Civ Pro Scholars amicus, October 19, 2021
 
 
Constitutional Accountability Center amicus, October 19, 2021
 
 
Current and Former Prosecutors amicus, October 19, 2021
 
 
Texas Medical Ass’n amicus, October 19, 2021
 
 
Litman et al amicus, October 19, 2021
 
 
Human Coalition amicus, October 20, 2021
 
 
Texas opposition, October 21, 2021
 
 
Indiana et al amicus, October 21, 2021
 
 
Intervenors’ opposition, October 21, 2021
 
 
US reply, October 22, 2021
 
 
Order, October 22, 2021
 
 
Order, October 22, 2021