Case: 21-50949 Document: 00516056022 Page: 1 Date Filed: 10/14/2021

United States Court of Appeals for the Fifth Circuit No. 21-50949

United States of America, Plaintiff—Appellee, versus State of Texas, Defendant—Appellant, Erick Graham; Jeff Tuley; Mistie Sharp, Intervenor Defendants—Appellants.

Appeal from the United States District Court for the Western District of Texas USDC No. 1:21-CV-796

Before Stewart, Haynes, and Ho, Circuit Judges.

Per Curiam: The emergency motions to stay the preliminary injunction pending appeal are granted for the reasons stated in Whole Woman’s Health v. Jackson, 13 F.4th 434 (5th Cir. 2021), and Whole Woman’s Health v. Jackson, 141 S.

Ct. 2494 (2021). Judge Stewart dissents. The appeal is expedited. The Clerk will schedule this case for oral argument before the same panel that will hear the appeal in Whole Woman’s Health v. Jackson, No. 21-50792.