Planned Parenthood of Greater Tex. Surgical Health Servs. v. Abbott
571 U.S. 1061
SCOTUS2013Background
- The Fifth Circuit stayed a district-court injunction enforcing Texas's admitting-privileges abortion statute, allowing the law to take effect.
- The issue is whether the Supreme Court may vacate the Fifth Circuit's stay pending merits review.
- The Court first recalls the standard: vacatur requires the court to show the Court of Appeals clearly erred under accepted standards.
- The Fifth Circuit applied a four-factor stay test (likelihood of success on merits, irreparable harm, impact on others, public interest).
- The majority upholds the Fifth Circuit’s analysis and denies vacatur; the dissent would vacate to preserve the status quo.
- The concurrence argues the balance of factors favors maintaining the status quo temporarily and would vacate the stay.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Court should vacate the stay. | Applicants contend vacatur is warranted due to likely merits error and harms to plaintiffs. | Breyer argues stay should stand given factors and deference to the appellate court. | Vacatur warranted under standard; stay should be lifted. |
| Whether the Fifth Circuit correctly applied the four-factor test. | State of Texas shows likely merits; harms to clinics and patients if stayed are less important. | Fifth Circuit balanced factors appropriately, especially public interest. | Court finds error in applying the four-factor test; vacatur should occur. |
| Whether the public interest justifies maintaining the status quo. | Public interest in preserving state's enforcement of its law. | Public interest favors timely resolution and protecting constitutional rights. | Public interest does not justify keeping the stay; vacatur appropriate. |
Key Cases Cited
- Western Airlines, Inc. v. Teamsters, 480 U.S. 1301 (1987) (requires clear error in applying accepted standards to vacate stay)
- Nken v. Holder, 556 U.S. 418 (2009) (four-factor stay test; four factors include likelihood of success and irreparable harm)
- Gonzales v. Carhart, 550 U.S. 124 (2007) (states cannot impose undue burdens on abortion rights)