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1 1 (2021)

handle is hein.preview/supbmmpg0001 and id is 1 raw text is: No. 21-463
3~n tte  upreme Court of tte     uiteb 6tatei
WHOLE WOMAN'S HEALTH ET AL., PETITIONERS
V.
AUSTIN REEVE JACKSON, ET AL.
ON WRIT OF CERTIORARI BEFORE JUDGMENT TO THE
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT
RESPONDENTS CARLTON, THOMAS, TUCKER, AND YOUNG'S OPPOSITION
TO PETITIONERS' APPLICATION FOR ISSUANCE OF A COPY OF THE
OPINION AND CERTIFIED COPY OF THE JUDGMENT FORTHWITH
This Court granted certiorari before judgment to the United States Court of Appeals
for the Fifth Circuit in late October. Three days ago, this Court issued its opinion and
judgment affirming in part and reversing in part the denial of respondents' motions to
dismiss. Petitioners now ask the Court to depart from its usual procedures in two re-
spects: first, by issuing the opinion and judgment forthwith, and second, by remanding to
the district court instead of the Fifth Circuit. Neither departure is proper, and each would
prejudice respondents. The Court should deny petitioners' application.
BACKGROUND
Petitioners' lawsuit seeks to enjoin state officials from enforcing two aspects of SB 8:
its prohibition on post-heartbeat abortions and its fee-shifting provision. Respondents
Carlton, Thomas, Tucker,' and Young moved to dismiss based on sovereign immunity and
1 Timothy L. Tucker has replaced Allison Vordenbaumen Benz as Executive Director
of the Texas Board of Pharmacy; Mr. Tucker is automatically substituted for Ms. Benz
pursuant to Rule 35.3.

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