Whole Woman’s Health v. Smith (Texas)
(W.D. Tex. No. 1:16-CV-1300 / 5th Cir. Nos. 18-50484; 18-50730 / Sup. Ct. No. 18-622)
This case challenges a set of Texas laws that require healthcare providers to bury or cremate embryonic and fetal tissue following an abortion or miscarriage, regardless of their patients’ wishes. These laws violate the Constitution’s guarantee of personal liberty to act in accordance with one’s own beliefs about developing human life. Prior to their enactment, Texas law permitted a variety of disposition options sufficient to accommodate the wide range of beliefs—informed by diverse religious convictions, cultural traditions, and personal experiences—held by individuals who have abortions and miscarriages. If permitted to take effect, the challenged laws would force all Texans to act in accordance with a State-sanctioned belief system.
A federal district court permanently enjoined enforcement of these laws in September 2018. The case is now on appeal.
Plaintiffs:
Whole Woman’s Health; Alamo City Surgery Center; Brookside Women’s Medical Center; Whole Woman’s Health Alliance; Lendol L. Davis, M.D.; Bhavik Kumar, M.D.
Defendant:
Executive Commissioner of the Texas Health and Human Services Commission, in his official capacity
Co-counsel:
Center for Reproductive Rights; Morrison & Foerster LLP; Patrick J. O’Connell
Timeline and Key Documents:
December 12, 2016
Plaintiffs file Complaint
January 27, 2017
District court enters Preliminary Injunction
March 13, 2017
Defendant files Answer to Complaint
December 22, 2017
Plaintiffs file First Amended Complaint
January 5, 2018
Defendant files Answer to First Amended Complaint
January 29, 2018
District court enters second Preliminary Injunction
July 16-20, 2018
Trial
September 5, 2018
District court enters Permanent Injunction
September 5, 2018
Defendant files Notice of Appeal
September 5, 2018
Court of appeals hears oral argument
October 7, 2019
Case stayed pending the Supreme Court’s disposition of June Medical Services v. Russo
July 10, 2020
Plaintiffs file supplemental briefing on June Medical Services v. Russo
WWH V. SMITH—FIFTH CIRCUIT BRIEFS
Brief for Appellant (Executive Commissioner, Texas Health & Human Services Commission)
Brief for Appellees (Whole Woman’s Health, et al.)
Amici Curiae Brief for Organizations Dedicated to the Fight for Reproductive Justice
Amici Curiae Brief for Biomedical Ethicists
Amici Curiae Brief for Catholics for Choice and Other Faith-Based Organizations