Whether a writ of mandamus should issue directing the court of appeals to remand the case to the district court without delay

QUESTION PRESENTED When this case was before the Court on a writ of certiorari before judgment, this Court “effectively [stood] in the shoes of the Court of Appeals” and “review[ed] the defendants’ appeals challenging the District Court’s order denying their motions to dismiss.” Whole Woman’s Health v. Jackson, No. 21463, slip op. 4 (Dec. 10, 2021). This Court held that Petitioners’ lawsuit challenging a Texas statute “is permissible against some of the named defendants but not others.” Jd. at 1. Accordingly, the Court’s judgment affirmed in part and reversed in part the district court’s order and remanded to the Fifth Circuit for proceedings consistent with the opinion. Rather than remanding the case to the district court, a divided panel of the court of appeals has scheduled oral argument for January 7, 2022, to consider whether to certify to the Texas Supreme Court the question whether the remaining defendants have enforcement authority and, alternatively, to set a briefing schedule on _ purportedly remaining justiciability issues. The question presented is whether a writ of mandamus should issue directing the court of appeals to remand the case to the district court without delay.