Skip to main content

No. 21-962October Term 2021Decided Jan 20, 2022Updated Sep 3, 2026

Docket 21-962October Term 2021 (2021–2022)

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
Case Accepted
Arguments
Decision ReleasedJan 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

Decision record

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.

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