U.S. Court of Appeals for the Fifth Circuit, 2015

Whole Woman's Health v. David Lakey

U.S. Court of Appeals for the Fifth Circuit · Decided June 22, 2015 · Prado, Elrod, Haynes

790 F.3d 598 (Federal Reporter, Third Series)

Counsel

Stephanie Toti, Esq., Staff Attorney (argued), Esha Bhandari, David Patrick Brown, Joseph Alexander Lawrence, Esq., Morrison & Foerster, L.L.P., New York, N.Y., Patrick J. O’Connell, Jan Soifer, O’Connell & Soifer, L.L.P., Austin, TX, Betre Mussie Gizaw, Morrison & Foerster, Washington, DC, for Plaintiffs-Appellees-Cross-Appellants., Scott A. Keller, Solicitor, Jonathan F. Mitchell (argued), James Davis Blackloek, Senior Counsel, Beth Ellen Klusmann, Esq., Michael P. Murphy, Andrew S. Old-ham, Deputy General Counsel, Office of the Attorney General Office of the Solicitor General, Austin, TX, for Defendants-Appellants-Cross-Appellees., Walter Martin Weber, Stuart J. Roth, Mailee Rebecca Smith, Esq., Americans United For Life, Steven H. Aden, Alliance Defending Freedom, Lawrence John Joseph, Carrie Yvette Flaxman, Planned Parenthood Federation Of America, Kimberly A. Parker, Wilmerhale, Washington, DC, CeCe Heil, Jay A. Sekulow, Esq., Virginia Beach, VA, Michael J. Norton, Natalie Lynn Decker, Alliance Defending Freedom, Greenwood Village, CO, Catherine Glenn Foster, Catherine Wynne Short, Life Legal Defense Foundation, Ojai, CA, Gregory R. Terra, Georgetown, TX, Allan Edward Parker, Jr., Justice Foundation, San Antonio, TX, Stephen Daniel Casey Esq., Round Rock, TX, for Amicus Curiae.

Cases that cite this one

7 later published cases cite this decision.

Whole Woman's Health v. Hellerstedt (Supreme Court of the United States 2016)
Whole Woman's Health v. Hellerstedt (Supreme Court of the United States 2016)
Whole Woman's Health v. Hellerstedt (Supreme Court of the United States 2016)
Whole Woman's Health v. Ken Paxton (5th Cir. 2021)
Whole Woman's Health v. Ken Paxton (5th Cir. 2020)
June Medical Services LLC v. Kliebert (District Court, M.D. Louisiana 2016)
West Alabama Women's Center v. Williamson (United States District Court for the Middle District of Alabama 2015)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

ORDER:

On June 9, 2015, we issued an opinion in Whole Woman’s Health v. Cole, No. 14-50928, 790 F.3d 563, 2015 WL 3604750 (5th Cir. Jun. 9, 2015). We now MODIFY our opinion and judgment of June 9, 2015 to provide that the district court’s injunction of the ASC requirement (as defined in the June 9 opinion) as applied to the McAllen facility shall remain in effect until October 29, 2015, at which time the injunction shall be vacated in part, as delineated and explained in our June 9 opinion.

The unopposed Motion to Become an Amicus Party and to File Amicus Brief, filed June 15, 2015, is GRANTED.

The opposed Appellees’ Motion to Stay the Mandate, filed June 10, 2015, is DENIED. Judge Prado respectfully dissents from the denial of the motion to stay.

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