By a vote of 6 to 3 (with the liberal justices in dissent), the Supreme Court has denied the petition for mandamus filed by Texas abortion providers asking the Court to order the Fifth Circuit to remand the Texas Heartbeat Act litigation to the district court.
I outlined two days ago why it was sensible for the Fifth Circuit to certify an unresolved question of state law to the Texas supreme court, and I explained how that certification does nothing to disadvantage the abortion providers. For the same reasons, the Court was right to deny the mandamus petition.
As should have been clear to everyone after the Court’s ruling on December 10 in Whole Woman’s Health v. Jackson, that case is not going to be a means by which plaintiff abortion providers obtain effective pre-enforcement relief against the Texas Heartbeat Act. And that is so whether or not the case was remanded immediately to the district court.