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![handle is hein.preview/supbmmpf0001 and id is 1 raw text is: No. 21A220
3n the uprenie Court of thje Iuiteb *tates
WHOLE WOMAN'S HEALTH, ET AL., PETITIONERS
V.
AUSTIN REEVE JACKSON, IN HIS OFFICIAL CAPACITY AS JUDGE OF THE 114TH
DISTRICT COURT, ET AL.,
ON WRIT OF CERTIORARI BEFORE JUDGMENT
TO THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
RESPONDENTS DICKSON AND CLARKSTON'S OPPOSITION TO
PETITIONERS' APPLICATION FOR ISSUANCE OF A COPY OF THE
OPINION AND CERTIFIED COPY OF THE JUDGMENT FORTHWITH
Respondents Mark Lee Dickson and Penny Clarkston oppose the petitioners'
application for the reasons set forth by the Solicitor General of Texas. Mr. Dickson
and Ms. Clarkston especially oppose the petitioners' request to remand the case to
the district court rather than the U.S. Court of Appeals for the Fifth Circuit. In
addition to the reasons provided by the Solicitor General of Texas, the petitioners'
request is hard to square with the text of 28 U.S.C. § 1254, which provides that
[c]ases in the courts of appeals may be reviewed by the Supreme Court by writ of
certiorari or certification. When this Court completes its review of a case in the
court of appeals, it should remand the case to the court from which it came, and the
petitioners make no effort to explain how section 1254 (or any other federal law)
could authorize this Court to transfer such a case to a different court upon the
completion of its review.
The petitioners also fail to cite any case in which this Court remanded directly to
a district court after granting certiorari before judgment-and the petitioners'](ViewImageLocal?handle=hein.preview/supbmmpf0001&div=1&collection=&method=preview&ext=.png&size=3)