No. 21-463October Term 2021Decided Dec 10, 2021Updated May 24, 2026
Whole Woman's Health v. Jackson
This case concerns Texas Senate Bill 8, which banned most abortions after a fetal heartbeat is detected and tried to avoid normal federal court review by letting private citizens, rather than state officials, enforce the law through civil lawsuits.
Case status
Decided 9-0 · December 10, 2021 · Opinion by Justice Gorsuch
Read the opinion (PDF)- Current stage
- Decided
- Latest event
- Decision released Dec 10, 2021
- What it's about
This case concerns Texas Senate Bill 8, which banned most abortions after a fetal heartbeat is detected and tried to avoid normal federal court review by letting private citizens, rather than state officials, enforce the law through civil lawsuits. The Supreme Court considered whether abortion providers could bring a pre-enforcement federal lawsuit to block that law before private suits were filed against them.
Question presented
The question presented is whether a State can insulate from federal-court review a law that prohibits the exercise of a constitutional right by delegating to the general public the authority to enforce that prohibition through civil actions.
- Case path
United States Court of Appeals for the Fifth Circuit / Decision released Dec 10, 2021
- Area
Decided Supreme Court case
Timing
Decided December 10, 2021
The Court released its decision on December 10, 2021 without hearing oral argument.
Documents
Activity
Docket activity4
Brief added: Questions Presented
May 24, 2026 | Court records
Brief added: Reply
Dec 14, 2021 | Court records
Opinion added: opinion
Dec 10, 2021 | Court records
Brief added: Petition
Sep 23, 2021 | Court records
Related cases
Grounding
- Grounding
- Primary-source trail available.
- Note
- Plain-English explainer. Official filings and opinions remain authoritative.
- Checked
- Jul 25, 2026
- Method
- Methodology