Bench Memos

Law & the Courts

Supreme Court Grants Certiorari Petitions in Texas Cases, Expedites Review

In two orders today, the Supreme Court granted the petitions for certiorari before judgment filed by the abortion providers and the Department of Justice in litigation over the Texas Heartbeat Act. Further, it set oral argument for Monday, November 1—a mere ten days from now—and expedited briefing accordingly: All parties are to file their opening briefs by next Wednesday, and any replies by Friday. Amicus briefs are also due on Wednesday.

Over the dissent of Justice Sotomayor, the Court declined to vacate the Fifth Circuit’s stay of the district court’s preliminary injunction.

The Court did not grant the cross-petitions asking it to decide whether to overturn Roe v. Wade and Planned Parenthood v. Casey. That question, of course, is teed up for decision in Dobbs v. Jackson Women’s Health Organization, to be argued on December 1. The Court seems intent on resolving the controversy over the Texas Heartbeat Act before it hears oral argument in Dobbs.


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