Whole Woman's Health v. JacksonWhole Woman's Health v. Jackson
Plaintiffs—Appellees,
versus
Defendants—Appellants.
Appeal from the United States District Court for the Western District of Texas USDC No. 1:21-CV-616
Before JONES, HIGGINSON, and DUNCAN, Circuit Judges.
PER CURIAM:
Having received the ruling of the Texas Supreme Court that named official defendants may not enforce the provisions of the Texas Heartbeat Act, S.B. 8, this court REMANDS the case with instructions to dismiss all challenges to the private enforcement provisions of the statute and to consider whether plaintiffs have standing to challenge
STEPHEN A. HIGGINSON, Circuit Judge, concurring in the judgment in part and dissenting in part:
I agree with the majority‘s decision to remand this case to the district court. However, because the Supreme Court specifically held that “this case may proceed past the motion to dismiss stage against Mr. Carlton, Ms. Thomas, Ms. Benz, and Ms. Young,” Whole Woman‘s Health v. Jackson, 142 S. Ct. 522, 539 (2021), I do not believe that we have the authority to order the case dismissed. Accordingly, I would simply remand the case for proceedings not inconsistent with the opinions of the United States Supreme Court and the Texas Supreme Court.