Whole Woman’s Health v. Young (Texas)
(W.D. Tex. No. 1:16-cv-1300 / 5th Cir. Nos. 17-50154, 18-50730)
This case challenged 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.
A federal district court declared these laws unconstitutional and permanently enjoined their enforcement in September 2018, and the State appealed. While the appeal was pending, the Supreme Court decided Dobbs v. Jackson Woman’s Health Organization, which overruled nearly fifty years of precedent holding that the Constitution protects abortion access as a fundamental right. Because the plaintiffs’ claims were based on the right to abortion, they agreed to dismiss the case without prejudice.
“Without prejudice” means that the plaintiffs can bring a new case challenging these laws in the future, and they can assert other legal rights.
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.
Defendants:
Executive Commissioner of the Texas Health and Human Services Commission, in her official capacity
Co-counsel:
Center for Reproductive Rights; Morrison & Foerster LLP; Patrick J. O’Connell
Timeline and Key Documents:
August 23, 2022
District court enters Order dismissing the case without prejudice
August 17, 2022
Parties file a Joint Stipulation of Dismissal Without Prejudice
June 28, 2022
Court of appeals enters Opinion vacating the district court’s judgment and remanding the case for further proceedings consistent with Dobbs v. Jackson Women’s Health Organization
October 7, 2019
Court of appeals enters Order holding the case in abeyance until the Supreme Court decides June Medical Services v. Russo
September 5, 2018
Court of appeals hears oral argument
September 5, 2018
Defendant files Notice of Appeal
September 5, 2018
District court enters Opinion declaring the challenged laws unconstitutional and permanently enjoining their enforcement
July 16-20, 2018
District court conducts trial
January 29, 2018
District court enters second Preliminary Injunction
January 5, 2018
Defendant files Answer to First Amended Complaint
December 22, 2017
Plaintiffs file First Amended Complaint
December 6, 2017
Court of appeals enters Order dismissing appeal
December 5, 2017
Defendant files Motion to voluntarily dismiss appeal
June 6, 2017
Texas enacts a new statutory scheme governing the disposition of embryonic and fetal tissue to take effect on February 1, 2018
March 13, 2017
Defendant files Answer
February 23, 2017
Defendant files Notice of Appeal
January 27, 2017
District court enters Preliminary Injunction
December 12, 2016
Plaintiffs file Complaint
FIFTH CIRCUIT BRIEFS
Appellant’s Brief (Executive Commissioner of Texas Health & Human Services Commission)
Appellees’ Brief (Whole Woman’s Health, et al.)
Appellant’s Supplemental Brief
Amicus Briefs Supporting Appellant
- None
Amicus Briefs Supporting Appellee