WHOLE WOMAN HEALTH v. JACKSON (2022)

United States Court of Appeals, Fifth Circuit.

WHOLE WOMAN'S HEALTH, on Behalf of itself, its Staff, Physicians, Nurses, and Patients; Alamo City Surgery Center, P.L.L.C., on Behalf of itself, its Staff, Physicians, Nurses, and Patients, doing business as Alamo Women's Reproductive Services; Brookside Women's Medical Center, P.A., on Behalf of itself, its Staff, Physicians, Nurses, and Patients, doing business as Brookside Women's Health Center And Austin Women's Health Center; Houston Women's Clinic, on Behalf of itself, its Staff, Physicians, Nurses, and Patients; Houston Women's Reproductive Services, on Behalf of itself, its Staff, Physicians, Nurses, and Patients; Planned Parenthood Center for Choice, on Behalf of itself, its Staff, Physicians, Nurses, and Patients; Planned Parenthood of Greater Texas Surgical Health Services, on Behalf of itself, its Staff, Physicians, Nurses, and Patients; Planned Parenthood South Texas Surgical Center, on Behalf of itself, its Staff, Physicians, Nurses, and Patients; Southwestern Women's Surgery Center, on Behalf of itself, its Staff, Physicians, Nurses, and Patients; Whole Women's Health Alliance, on Behalf of itself, its Staff, Physicians, Nurses, and Patients; Medical Doctor Allison Gilbert, on Behalf of Herself and Her Patients; Medical Doctor Bhavik Kumar, on Behalf of Himself and His Patients; the Afiya Center, on Behalf of itself and its Staff; Frontera Fund, on Behalf of Itself and Its Staff; Fund Texas Choice, on Behalf of itself and its Staff; Jane's Due Process, on Behalf of Itself and Its Staff; Lilith Fund, Incorporated, on Behalf of itself and its Staff; North Texas Equal Access Fund, on Behalf of itself and its Staff; Reverend Erika Forbes; Reverend Daniel Kanter; Marva Sadler, Plaintiffs—appellees, v. Judge Austin Reeve JACKSON; Penny Clarkston; Mark Lee Dickson; Stephen Brint Carlton; Katherine A. Thomas; Cecile Erwin Young; Allison Vordenbaumen Benz; Ken Paxton, Defendants—appellants.

No. 21-50792

Decided: April 26, 2022

Before Jones, Higginson, and Duncan, Circuit Judges.

Marc A. Hearron, Center for Reproductive Rights, Washington, DC, Molly Rose Duane, Center for Reproductive Rights, U.S. Legal Program, New York, NY, Joseph Alexander Lawrence, Esq., Jamie A. Levitt, Esq., Morrison & Foerster, L.L.P., New York, NY, for Plaintiffs-Appellees Whole Woman's Health, Alamo City Surgery Center, P.L.L.C., Houston Women's Reproductive Services, Southwestern Women's Surgery Center, Whole Women's Health Alliance Brigitte Adrienne Amiri, Senior Attorney, Julia Kaye, Chelsea G. Tejada, American Civil Liberties Union Foundation, Reproductive Freedom Project, New York, NY, Lorie Ann Chaiten, American Civil Liberties Union, Chicago, IL, David A. Donatti, Adriana Cecilia Pinon, Andre Segura, American Civil Liberties Union of Texas, Houston, TX, for Plaintiff-Appellee Houston Women's Clinic. Julie A. Murray, Planned Parenthood Federation of America, Washington, DC, Plaintiffs-Appellees Planned Parenthood Center for Choice, Planned Parenthood of Greater Texas Surgical Health Services, Planned Parenthood South Texas Surgical Center, Medical Doctor Bhavik Kumar. Marc A. Hearron, Center for Reproductive Rights, Washington, DC, Rupali Sharma, Lawyering Project, South Portland, ME, Stephanie Toti, Esq., Staff Attorney, Lawyering Project, Brooklyn, NY, for Plaintiffs-Appellees Afiya Center, Frontera Fund, Fund Texas Choice, Jane's Due Process, Lilith Fund, Incorporated, North Texas Equal Access Fund, Reverend Erika Forbes, Reverend Daniel Kanter, Marva Sadler, Medical Doctor Allison Gilbert. Judd Edward Stone, II, Office of the Attorney General, Office of the Solicitor General, Austin, TX, Beth Ellen Klusmann, Esq., Natalie Deyo Thompson, Benjamin Walton, Office of the Attorney General, General Litigation Division, Austin, TX, for Defendants-Appellants Judge Austin Reeve Jackson, Stephen Brint Carlton, Katherine A. Thomas, Allison Vordenbaumen Benz, Ken Paxton. Heather Gebelin Hacker, Andrew Bowman Stephens, Assistant Attorney General, Hacker Stephens, L.L.P., Austin, TX, for Defendant-Appellant Penny Clarkston. Jonathan F. Mitchell, Austin, TX, for Defendant-Appellant Mark Lee Dickson. Elizabeth Baker Murrill, Esq., Assistant Attorney General, Office of the Attorney General for the State of Louisiana, Baton Rouge, LA, for Amici Curiae State of Louisiana, State of Alabama, State of Alaska, State of Arizona, State of Arkansas, State of Idaho, State of Indiana, State of Kansas, State of Kentucky, State of Mississippi, State of Missouri, State of Montana, State of Oklahoma, State of South Carolina, State of South Dakota, State of Utah, State of West Virginia.