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Injunctive Relief – Texas Heartbeat Act

By: Derek Hawkins//March 2, 2022//

Injunctive Relief – Texas Heartbeat Act

By: Derek Hawkins//March 2, 2022//

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United States Supreme Court

Case Name: Whole Woman’s Health, et al., Austin Reeve Jackson, et al.,

Case No.: 21-463

Focus: Injunctive Relief – Texas Heartbeat Act

The Court granted certiorari before judgment in this case to determine whether, under our precedents, certain abortion providers can pursue a pre-enforcement challenge to a recently enacted Texas statute. We conclude that such an action is permissible against some of the named defendants but not others.

Affirmed in part and reversed in part, and the case is remanded.

Dissenting: THOMAS, J., filed an opinion concurring in part and dissenting in part. ROBERTS, C. J., filed an opinion concurring in the judgment in part and dissenting in part, in which BREYER, SOTOMAYOR, and KAGAN, JJ., joined. SOTOMAYOR, J., filed an opinion concurring in the judgment in part and dissenting in part, in which BREYER and KAGAN, JJ., joined.

Concurring: THOMAS, J., filed an opinion concurring in part and dissenting in part. ROBERTS, C. J., filed an opinion concurring in the judgment in part and dissenting in part, in which BREYER, SOTOMAYOR, and KAGAN, JJ., joined. SOTOMAYOR, J., filed an opinion concurring in the judgment in part and dissenting in part, in which BREYER and KAGAN, JJ., joined.

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Derek A Hawkins is Corporate Counsel, at Salesforce.

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