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No. 21-588October Term 2021Decided Dec 10, 2021Updated Sep 3, 2026

Docket 21-588October Term 2021 (2021–2022)

United States v. Texas

The Supreme Court dismissed the case and did not decide the legal challenges to Texas’s abortion law.

Case status

Decided · December 10, 2021

Read the opinion (PDF)
Current stage
Decided
Latest event
Decision released Dec 10, 2021
Case Accepted
Arguments
Decision ReleasedDec 10, 2021
What it's about

The United States sued Texas to block the enforcement of SB 8, a state law that bans abortions after six weeks of pregnancy and allows private citizens to sue anyone who assists in the procedure. The Supreme Court ultimately dismissed the case without deciding the merits.

Question presented

1. Whether the guidance is arbitrary and capricious or otherwise not in accordance with law? 2. Whether the guidance was subject to the APA's notice-and-comment procedures? 3. Whether the guidance violates the Take Care Clause of the Constitution, Article II, section 3?

Case path

United States Court of Appeals for the Fifth Circuit / Decision released Dec 10, 2021

Area

Decided Supreme Court case

Decision

Decision record

What the Court decided

The Supreme Court dismissed the case and did not decide the legal challenges to Texas’s abortion law.

Result
Dismissed

Impact

The dismissal meant this case did not resolve whether the federal government could stop Texas from enforcing SB 8. People seeking or helping provide abortions remained affected by the law and its private-enforcement system.

Not official Court text.

Opinion documents

Briefing

What it's about

The United States sought to block Texas’s enforcement of SB 8, which bans abortions after six weeks of pregnancy and allows private lawsuits against people who assist. The Supreme Court dismissed the case without deciding the merits.

Impact

The dismissal meant this case did not resolve whether the federal government could stop Texas from enforcing SB 8. People seeking or helping provide abortions remained affected by the law and its private-enforcement system.

What's next

The Supreme Court has finished its action in this case. The dismissal did not resolve the merits of the challenge to SB 8.

What did the Supreme Court decide in United States v. Texas?

The Court dismissed the case. It did not decide the merits of the federal government’s challenge to Texas’s SB 8.

Who was affected by the dismissal in this abortion case?

People seeking abortions after six weeks of pregnancy, and people who assist them, remained affected by SB 8’s private-lawsuit system.

What happens next after United States v. Texas was dismissed?

The Supreme Court’s action in this docket is complete. Its dismissal left the merits of the SB 8 challenge unresolved.

Timing

Decided December 10, 2021

The Court released its decision on December 10, 2021 without hearing oral argument.

Activity

Docket activity6
  • AI analysis generated: Case Briefing

    Sep 3, 2026 | Generated

  • Brief added: Questions Presented

    Mar 11, 2026 | Court records

  • Opinion added: Opinion

    Dec 10, 2021 | Court records

  • Opinion added: opinion

    Oct 22, 2021 | Court records

  • Brief added: Reply

    Oct 22, 2021 | Court records

  • Brief added: Petition

    Oct 18, 2021 | Court records