No. 21-962October Term 2021Decided Jan 20, 2022Updated Sep 3, 2026
In re Whole Woman's Health
The Supreme Court declined to issue the requested order directing an immediate remand to the district court.
Case status
Decided · January 20, 2022
- Current stage
- Decided
- Latest event
- Decision released Jan 20, 2022
- What it's about
The Court denied Whole Woman’s Health’s request for a writ of mandamus that would have required the Fifth Circuit to send the case back to the district court instead of considering certification to the Texas Supreme Court. The denial left the Fifth Circuit free to continue its chosen procedure.
Question presented
Whether the Court of Appeals for the Fifth Circuit may ignore this Court’s mandate in Whole Woman’s Health v. Jackson, No. 21-463, 595 U.S. ___ (Dec. 10, 2021), and the Federal Rules of Appellate Procedure, by refusing to remand this case to the district court and instead ordering certification to the Texas Supreme Court.
- Case path
Decision released Jan 20, 2022
- Area
Decided Supreme Court case
Decision
What the Court decided
The Supreme Court declined to issue the requested order directing an immediate remand to the district court.
Impact
The action leaves the Fifth Circuit's procedural path in place for Whole Woman's Health and the named Texas defendants. It does not itself resolve which defendants may be sued over the Texas statute.
Not official Court text.
Opinion documents
Briefing
What it's about
Whole Woman's Health asked the Supreme Court for mandamus (an order directing a lower court) to require the Fifth Circuit to send its case back to the district court immediately. The Court declined review of that request and did not decide the underlying merits.
Impact
The action leaves the Fifth Circuit's procedural path in place for Whole Woman's Health and the named Texas defendants. It does not itself resolve which defendants may be sued over the Texas statute.
What's next
The Supreme Court has finished this docket action. Further proceedings follow the Fifth Circuit's process, including its planned certification to the Texas Supreme Court.
What did the Supreme Court do in In re Whole Woman's Health?
The Court declined Whole Woman's Health's request for mandamus, an order requiring an immediate remand to the district court. It did not decide the underlying merits.
Who is affected by the In re Whole Woman's Health action?
Whole Woman's Health and the named Texas defendants are directly affected. The action leaves unresolved which defendants may be sued over the Texas statute.
What happens next in In re Whole Woman's Health?
The Supreme Court's docket action is complete. The case continues through the Fifth Circuit's process, including certification to the Texas Supreme Court.
Timing
Decided January 20, 2022
The Court released its decision on January 20, 2022 without hearing oral argument.
Documents
Opinions
Orders
Key filings
Briefs on file: 1View on supremecourt.gov
Activity
Docket activity4
AI analysis generated: Case Briefing
Sep 3, 2026 | Generated
Opinion added: Opinion
Jan 20, 2022 | Court records
Court Order added: Main Document
Jan 18, 2022 | Court records
Brief added: Petition
Jan 3, 2022 | Court records
Related cases




Grounding
- Grounding
- Primary materials plus reporting.
- Note
- Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.
- Checked
- Sep 3, 2026
- Method
- Methodology
Primary materials8
Supreme Court docket 21-962
docket | Sep 6, 2026
Primary case document
Supreme Court document | Sep 6, 2026
CourtListener docket record
docket | Sep 6, 2026
Opinion
opinion | Jan 20, 2022
Main Document
order | Jan 18, 2022
Petition
brief | Jan 3, 2022
SupremeCourt.gov
official | Sep 3, 2026
SupremeCourt.gov
official | Sep 3, 2026