Whole Woman’s Health v. Smith (Texas)

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.

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.

Executive Commissioner of the Texas Health and Human Services Commission, in his official capacity

Center for Reproductive Rights; Morrison & Foerster LLP; Patrick J. O’Connell

Plaintiffs file Complaint

District court enters Preliminary Injunction

Defendant files Answer to Complaint

Plaintiffs file First Amended Complaint

Defendant files Answer to First Amended Complaint

District court enters second Preliminary Injunction

Trial

District court enters Permanent Injunction

Defendant files Notice of Appeal

Court of appeals hears oral argument

Case stayed pending the Supreme Court’s disposition of June Medical Services v. Russo

Plaintiffs file supplemental briefing on June Medical Services v. Russo