No. 20-305

Planned Parenthood Center for Choice, et al. v. Greg Abbott, Governor of Texas, et al.

Lower Court: Fifth Circuit
Docketed: 2020-09-09
Status: GVR
Type: Paid
Amici (1)Relisted (3)
Tags: abortion abortion-rights constitutional-rights covid-19 due-process executive-order judicial-review mandamus mootness
Key Terms:
AdministrativeLaw DueProcess JusticiabilityDoctri
Latest Conference: 2021-01-22 (distributed 3 times)
Question Presented (AI Summary)

Whether, pursuant to United States v. Munsingwear, Inc., 340 U.S. 36 (1950), this Court should vacate the court of appeals' judgments granting writs of mandamus

Question Presented (OCR Extract)

QUESTION PRESENTED The Governor of Texas, in reliance on the COVID19 pandemic, issued an executive order that banned nearly all abortions in Texas for at least a month, and potentially far longer. A federal district court twice entered temporary restraining orders against the executive order as applied to certain previability abortion care. In so doing, it found that the executive order did not serve the state’s asserted goals of preserving personal protective equipment or hospital capacity and that petitioners were likely to prevail on their claim that the order imposed an undue burden on their patients’ constitutional right to obtain an abortion. Despite those well-supported findings, a divided panel of the U.S. Court of Appeals for the Fifth Circuit twice intervened in just over two weeks’ time, granting two writs of mandamus to dissolve the TROs. The day after the Fifth Circuit entered its second mandamus order, and before petitioners could seek this Court’s review, the Governor replaced the challenged executive order with a new one that permitted Texas abortion providers to resume services. At that time, petitioners’ claims for injunctive relief became moot. The question presented is whether, pursuant to United States v. Munsingwear, Inc., 340 U.S. 36 (1950), this Court should vacate the court of appeals’ judgments granting writs of mandamus.

Docket Entries

2021-02-26
JUDGMENT ISSUED.
2021-01-27
Letter dated January 22, 2021 from counsel for petitioner received.
2021-01-25
Petition GRANTED. Judgment VACATED and case REMANDED with instructions to dismiss the case as moot. See <i>United States</i> v. <i>Munsingwear, Inc.</i>, 340 U. S. 36 (1950).
2021-01-22
Supplemental brief of respondents Greg Abbott, Governor of Texas, et al. filed. (Received January 27, 2021)
2021-01-19
DISTRIBUTED for Conference of 1/22/2021.
2021-01-11
DISTRIBUTED for Conference of 1/15/2021.
2020-12-09
DISTRIBUTED for Conference of 1/8/2021.
2020-12-08
Reply of petitioners Planned Parenthood Center for Choice, et al. filed. (Distributed)
2020-11-13
Motion of petitioner to delay distribution of the petition for a writ of certiorari under Rule 15.5 from November 24, 2020 to December 9, 2020, submitted to The Clerk.
2020-11-13
Motion to delay distribution of the petition for a writ certiorari until December 9, 2020 granted.
2020-11-09
Brief of respondents Greg Abbott, Governor of Texas, et al. in opposition filed.
2020-10-09
Brief amici curiae of Constitutional and Health Law Scholars filed.
2020-09-22
Motion to extend the time to file a response is granted and the time is extended to and including November 9, 2020.
2020-09-21
Motion to extend the time to file a response from October 9, 2020 to November 9, 2020, submitted to The Clerk.
2020-09-03
Petition for a writ of certiorari filed. (Response due October 9, 2020)

Attorneys

Constitutional and Health Law Scholars
Jessica Lynn EllsworthHogan Lovells US, LLP, Amicus
Jessica Lynn EllsworthHogan Lovells US, LLP, Amicus
Greg Abbott, Governor of Texas, et al.
Judd Edward Stone IITexas Attorney General's Office, Respondent
Judd Edward Stone IITexas Attorney General's Office, Respondent
Planned Parenthood Center for Choice, et al.
Julie Alyssa MurrayPlanned Parenthood Federation of America, Petitioner
Julie Alyssa MurrayPlanned Parenthood Federation of America, Petitioner