Whole Woman’s Health v. Young (Texas)

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.

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 her official capacity

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

District court enters Order dismissing the case without prejudice

Parties file a Joint Stipulation of Dismissal Without Prejudice

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

Court of appeals enters Order holding the case in abeyance until the Supreme Court decides June Medical Services v. Russo

Court of appeals hears oral argument

Defendant files Notice of Appeal

District court enters Opinion declaring the challenged laws unconstitutional and permanently enjoining their enforcement

District court conducts trial

District court enters second Preliminary Injunction

Defendant files Answer to First Amended Complaint

Plaintiffs file First Amended Complaint

Court of appeals enters Order dismissing appeal

Defendant files Motion to voluntarily dismiss appeal

Texas enacts a new statutory scheme governing the disposition of embryonic and fetal tissue to take effect on February 1, 2018

Defendant files Answer

Defendant files Notice of Appeal

District court enters Preliminary Injunction

Plaintiffs file Complaint