Case: Jackson Women's Health Organization v. Dobbs

3:18-cv-00171 | U.S. District Court for the Southern District of Mississippi

Filed Date: March 19, 2018

Closed Date: Sept. 21, 2022

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Case Summary

In this case challenging Mississippi House Bill 1510 (HB 1510), a state law that banned abortions after 15 weeks (months before viability), the Supreme Court on June 24, 2022, overruled Roe v. Wade, and held there is no constitutional protection for abortion rights. On March 19, 2018, the Jackson Women's Health Organization, the last remaining abortion clinic in Mississippi, and Jackson Women's Health Organization's Medical Director filed the case, represented by the Center for Reproductive R…

On March 19, 2018, the Jackson Women's Health Organization, the last remaining abortion clinic in Mississippi, and Jackson Women's Health Organization's Medical Director filed the case, represented by the Center for Reproductive Rights, in the U.S. District Court for the Southern District of Mississippi. The plaintiffs sued the State Health Officer of the Mississippi Department of Health and the Mississippi State Board of Medical Licensure. Plaintiffs brought suit under 42 U.S.C. § 1983, alleging that HB 1510 violated the Due Process and Equal Protection Clauses of the Fourteenth Amendment. Plaintiffs sought declaratory judgment, preliminary and permanent injunctive relief, and attorneys' fees.

On March 20, 2018, Judge Carlton W. Reeves granted a temporary restraining order (TRO) enjoining enforcement of HB 1510 for ten days. Jackson Women's Health Org. v. Currier, No. 3:18-CV-171-CWR-FKB, 2018 WL 1567867 (S.D. Miss. Mar. 20, 2018). On March 28, 2018, the TRO was extended to April 13, 2018. On April 9, 2018, plaintiffs filed an amended complaint, dropping the equal protection challenge to HB 1510 and adding five separate challenges to Mississippi’s other abortion laws. The court separated the case into two parts, with Part I pertaining to HB 1510's ban and Part II pertaining to the other abortion laws.

On April 11, 2018, the court scheduled a hearing on a preliminary injunction regarding HB 1510 and extended the TRO until thirty days after the conclusion of that hearing. However, that hearing never happened. On August 24, 2018, plaintiffs filed a motion for summary judgment, and briefing on that motion was completed on September 14, 2018. The court informed the parties it needed more time to issue a ruling on that motion, and so by the consent of the parties, the TRO was extended until November 26, 2018.

On November 20, 2018, the court granted plaintiffs' motion for summary judgment, and issued a permanent injunction, enjoining enforcement of HB 1510, because it "unequivocally" infringed on the Fourteenth Amendment due process rights of women by banning abortions prior to viability. Jackson Women's Health Org. v. Currier, 349 F. Supp. 3d 536 (S.D. Miss. 2018). On December 17, 2018, the state appealed this order.

In 2019, unsatisfied with this result, the Mississippi legislature enacted an even more stringent ban on abortions: Senate Bill 2116 (SB 2116). SB 2116 banned abortions in Mississippi after detection of a fetal heartbeat, which can be as early as six weeks from a woman's last menstrual period. On May 24, 2019, the court allowed plaintiffs to supplement their original complaint to challenge SB 2116 as a Part III of the case and granted a preliminary injunction to enjoin enforcement of SB 2116. Jackson Women's Health Org. v. Dobbs, 379 F. Supp.3d 549 (S.D. Miss. 2019).

On December 13, 2019, the United States Court of Appeals for the Fifth Circuit issued its ruling pertaining to the fifteen-week ban. The court held that "[i]n an unbroken line dating to Roe v. Wade, the Supreme Court’s abortion cases have established (and affirmed, and re-affirmed)" that states cannot ban abortions pre-viability. Jackson Women's Health Org. v. Dobbs, 945 F.3d 265, 269 (5th Cir. 2019). Because HB 1510 was a pre-viability ban, the Fifth Circuit affirmed the district court’s invalidation of the law, as well as its discovery rulings and its award of permanent injunctive relief.

In response to the Fifth Circuit's ruling, the defendants filed a petition for writ of certiorari on June 15, 2020, requesting that the U.S. Supreme Court clarify that the right to a pre-viability abortion is not absolute. Defendants also requested that the Supreme Court consider the appropriate standard for determining the validity of pre-viability laws and whether abortion providers have third-party standing. On May 17, 2021, the Supreme Court granted review limited to the question of whether all pre-viability prohibitions on elective abortions are unconstitutional.

In response, on June 9, 2021, the District Court stayed all remaining issues in the case, including Parts II and III, pending the Supreme Court's decision.

On December 1, 2021, the Supreme Court heard oral argument in the case. On May 2, 2022, POLITICO reported that according to an initial draft majority opinion written by Justice Samuel Alito circulated inside the court and obtained by POLITICO, the Supreme Court had voted to strike down Roe v. Wade. The Court soon confirmed the authenticity of the leaked opinion.

On June 24, 2022, the final opinion was released, upholding Mississippi's fifteen-week ban and overruling Roe and Casey. The opinion was by Justice Alito, and joined by Justices Thomas, Gorsuch, Kavanaugh, and Barrett. It removed abortion rights from any special constitutional protection. Chief Justice Roberts concurred in the judgment, and said he would have ruled slightly more narrowly, upholding Mississippi's ban because it gave most women sufficient time to decide whether to seek an abortion. The majority opinion stated that "[n]othing in this opinion should be understood to cast doubt on precedents that do not concern abortion," Although he joined the majority, Justice Thomas disagreed on this point, and said he was ready to entirely cast aside the Court's substantive due process jurisprudence. The joint dissent by Justice Breyer, Justice Sotomayor, and Justice Kagan emphasized that the majority made women into second-class citizens, as they were at the time of the Fourteenth Amendment's adoption. The dissent warned that the opinion threatened other fundamental rights, such as contraception, same-sex intimate conduct, and same-sex marriage.

On August 24, 2022, the Fifth Circuit remanded the case to the district court for further proceedings consistent with the Supreme Court's opinion. On September 2, 2022, the district court vacated its injunctions preventing enforcement of Mississippi's abortion bans. The court identified the one remaining issue as plaintiffs’ challenge to Mississippi’s laws and regulations targeting abortion procedures. However, because Jackson Women's Health closed its operations in Mississippi and moved out-of-state, the court found that the remaining issue was moot. As such, on September 21, 2022, Judge Reeves entered judgment for defendants and directed the Clerk of the Court to close the case.

	Document
1 3:18-cv-00171	Complaint Jackson Women's Health Organization v. Currier	March 19, 2018	March 19, 2018 Complaint
9 3:18-cv-00171	Temporary Restraining Order Jackson Women's Health Organization v. Currier	March 20, 2018	March 20, 2018 Order/Opinion 2018 WL 1567867
23 3:18-cv-00171	Amended Complaint Jackson Women's Health Organization v. Currier	April 9, 2018	April 9, 2018 Complaint
25 3:18-cv-00171	Order Separating Claims & Extending TRO Jackson Women's Health Organization v. Currier	April 11, 2018	April 11, 2018 Order/Opinion
89 3:18-cv-00171	Order Granting Permanent Injunction Jackson Women's Health Organization v. Currier	Nov. 20, 2018	Nov. 20, 2018 Order/Opinion 349 F.Supp.3d 536
118 3:18-cv-00171	Order Granting Preliminary Injunction	May 24, 2019	May 24, 2019 Order/Opinion 379 F.Supp.3d 549
119 3:18-cv-00171	Amended Complaint	May 30, 2019	May 30, 2019 Complaint
18-60868	USCA Opinion U.S. Court of Appeals for the Fifth Circuit	Dec. 13, 2019	Dec. 13, 2019 Order/Opinion 945 F.3d 265
19-01392	Supreme Court of the United States 1st Draft Dobbs v. Jackson Women's Health Organization Supreme Court of the United States	Feb. 10, 2022	Feb. 10, 2022 Order/Opinion
19-01392	Supreme Court Opinion Dobbs v. Jackson Women's Health Organization Supreme Court of the United States	June 24, 2022	June 24, 2022 Order/Opinion 597 U.S. 215

Title	Description		External URL Date / External URL
Dobbs v. Jackson Women's Health Organization Oyez	In 2018, Mississippi passed a law called the “Gestational Age Act,” which prohibits all abortions, with few exceptions, after 15 weeks’ gestational age. Jackson Women’s Health Organization, the only …	June 24, 2022	June 24, 2022 https://www.oyez.org/...
Dobbs v. Jackson Women’s Health Organization Center for Reproductive Rights	On December 1, 2021, the Center for Reproductive Rights argued at the U.S. Supreme Court to defend the right to abortion, a right recognized in the landmark Roe v. Wade decision in 1973. In the case,…	December 1, 2021	Dec. 1, 2021 https://reproductiverights.org/...

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against Kenneth Cleveland, Mary Currier, Mississippi State Board of Medical Licensure ( Filing fee $ 400 receipt number 34643049387), filed by Jackson Women's Health Organization, Sacheen Carr-Ellis. (Attachments: # 1 Exhibit House Bill No. 1510 (As Sent to Governor), # 2 Civil Cover Sheet)(LAT) (Entered: 03/19/2018) 1 Exhibit House Bill NO. 1510 (As Sent to Governor) View on RECAP 2 Civil Cover Sheet View on RECAP	March 19, 2018	March 19, 2018 Clearinghouse
2	Summons Issued as to Kenneth Cleveland, Mary Currier, Mississippi State Board of Medical Licensure. (LAT) (Entered: 03/19/2018)	March 19, 2018	March 19, 2018 RECAP
3	NOTICE of Appearance by Wilson D. Minor-State Gov on behalf of All Defendants (Minor-State Gov, Wilson) (Entered: 03/19/2018)	March 19, 2018	March 19, 2018 RECAP
4	NOTICE of Appearance by Paul E. Barnes-State Gov on behalf of All Defendants (Barnes-State Gov, Paul) (Entered: 03/19/2018)	March 19, 2018	March 19, 2018 PACER
5	MOTION for Temporary Restraining Order by Sacheen Carr-Ellis, Jackson Women's Health Organization (Attachments: # 1 Affidavit Declaration of Dr. Carr-Ellis)(McDuff, Robert) (Entered: 03/19/2018) 1 Affidavit Declaration of Dr. Carr-Ellis View on RECAP	March 19, 2018	March 19, 2018 RECAP
6	*ERROR*DISREGARD THIS ENTRY. MOTION for Temporary Restraining Order Memorandum in Support by Sacheen Carr-Ellis, Jackson Women's Health Organization (McDuff, Robert) Modified on 3/20/2018 (cwl). (Entered: 03/19/2018)	March 19, 2018	March 19, 2018 PACER
	Set/Reset Hearings as to 5 MOTION for Temporary Restraining Order. Motion Hearing set for 3/20/2018 at 9:30 AM in Courtroom 6B (Jackson Federal Courthouse) before District Judge Carlton W. Reeves. (AC)	March 19, 2018	March 19, 2018 PACER
	DOCKET ANNOTATION as to # 6 Incorrect event chosen. Attorney is directed to refile using the correct event Memorandum in Support which is located under the category Responses and Replies. Motion 6 termed. (cwl)	March 20, 2018	March 20, 2018 PACER
7	MEMORANDUM in Support re 5 MOTION for Temporary Restraining Order filed by Sacheen Carr-Ellis, Jackson Women's Health Organization (McDuff, Robert) (Entered: 03/20/2018)	March 20, 2018	March 20, 2018 PACER
	Minute Entry for proceedings held before District Judge Carlton W. Reeves: Motion Hearing held on 3/20/2018 re 5 MOTION for Temporary Restraining Order filed by Sacheen Carr-Ellis and Jackson Women's Health Organization. Appearances: Paul E. Barnes and Wilson D. Minor; Robert B. McDuff participated via telephone with Hillary Schneller and Christine Parker. Court heard arguments from both parties and took the matter under advisement to rule later. Court Reporter/Transcriber Cherie Bond, Telephone Number : 601-608-4186. (JS)	March 20, 2018	March 20, 2018 PACER
8	DEFENDANTS' Exhibit List for Motion hearing held on 3/20/2018 before Judge Reeves. (Attachments: # 1 Exhibit D-1 House Bill 1510, # 2 Errata D-2 Article)(JS) (Entered: 03/20/2018) 1 Exhibit D-1 House Bill 1510 View on PACER 2 Errata D-2 Article View on PACER	March 20, 2018	March 20, 2018 RECAP
9	ORDER granting 5 Motion for TRO. Signed by District Judge Carlton W. Reeves on 3/20/2018. (AC)	March 20, 2018	March 20, 2018 Clearinghouse
	Set Hearing: Telephonic Scheduling Conference set for 3/21/2018 at 11:00 AM before District Judge Carlton W. Reeves. (AC)	March 20, 2018	March 20, 2018 PACER
	Set/Reset Hearings: Telephonic Scheduling Conference set for 3/21/2018 at 11:00 AM before District Judge Carlton W. Reeves. (AC)	March 20, 2018	March 20, 2018 PACER
10	MOTION for Julie Rikelman to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number 0538-3665084) by Sacheen Carr-Ellis, Jackson Women's Health Organization (Attachments: # 1 Exhibit A - Certificate of Good Standing)(McDuff, Robert) (Entered: 03/20/2018) 1 Exhibit A - Certificate of Good Standing View on PACER	March 20, 2018	March 20, 2018 PACER
11	MOTION for Hillary Schneller to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number 0538-3665104) by Sacheen Carr-Ellis, Jackson Women's Health Organization (Attachments: # 1 Exhibit - A Certificate of Good Standing)(McDuff, Robert) (Entered: 03/20/2018) 1 Exhibit - A Certificate of Good Standing View on PACER	March 20, 2018	March 20, 2018 PACER
12	MOTION for Christine Parker to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number 0538-3665126) by Sacheen Carr-Ellis, Jackson Women's Health Organization (Attachments: # 1 Exhibit A- Certificate of Good Standing)(McDuff, Robert) (Entered: 03/20/2018) 1 Exhibit A- Certificate of Good Standing View on PACER	March 20, 2018	March 20, 2018 PACER
13	SUMMONS Returned Executed by Jackson Women's Health Organization, Sacheen Carr-Ellis. Mary Currier served on 3/19/2018, answer due 4/9/2018. (McDuff, Robert) (Entered: 03/20/2018)	March 20, 2018	March 20, 2018 PACER
14	SUMMONS Returned Executed by Jackson Women's Health Organization, Sacheen Carr-Ellis. Mississippi State Board of Medical Licensure served on 3/19/2018, answer due 4/9/2018. (McDuff, Robert) (Entered: 03/20/2018)	March 20, 2018	March 20, 2018 PACER
15	SUMMONS Returned Executed by Jackson Women's Health Organization, Sacheen Carr-Ellis. Kenneth Cleveland served on 3/19/2018, answer due 4/9/2018. (McDuff, Robert) (Entered: 03/20/2018)	March 20, 2018	March 20, 2018 PACER
	Minute Entry for proceedings held before District Judge Carlton W. Reeves: Scheduling Conference held on 3/21/2018. Participants: Robert B. McDuff, Hillary Schnellar, Christine Parker, Paul E. Barnes and Wilson D. Minor; with Leah Wiederhorn joining in the call with Plaintiff's counsel. Scheduling Conference continued until 3/27/2018 at 12:30 PM (CST) before District Judge Carlton W. Reeves. (JS)	March 21, 2018	March 21, 2018 PACER
16	MOTION to Adopt Plaintiffs' Proposed Schedule and Limit Discovery to Exclude Legally Immaterial Issues by Sacheen Carr-Ellis, Jackson Women's Health Organization (McDuff, Robert) (Entered: 03/26/2018)	March 26, 2018	March 26, 2018 RECAP
	Minute Entry for proceedings held before District Judge Carlton W. Reeves: Telephonic Scheduling Conference held on 3/27/2018. Participants: Robert B. McDuff, Paul E. Barnes and Wilson D. Minor with Hillary Schneller also participating. (JS)	March 27, 2018	March 27, 2018 PACER
	TEXT-ONLY ORDER extending the temporary restraining order at Docket No. 9 by 14 days to Friday, April 13, 2018, pursuant to a showing of good cause as required under Federal Rule of Civil Procedure 65. Signed by District Judge Carlton W. Reeves on 3/28/2018. NO FURTHER WRITTEN ORDER SHALL ISSUE. (cr)	March 28, 2018	March 28, 2018 PACER
	TEXT-ONLY ORDER granting 10 Motion to Appear Pro Hac Vice; granting 11 Motion to Appear Pro Hac Vice; granting 12 Motion to Appear Pro Hac Vice. That Julie Rikelman, Hillary Schneller and Christine Parker be admitted pro hac vice in this case on behalf of the plaintiff in association with local counsel and upon registration for electronic filing as required by the Court. No further written order shall issue from the Court. Signed by Magistrate Judge F. Keith Ball on 3/29/2018. (JEJ)	March 29, 2018	March 29, 2018 PACER
17	MOTION for Aaron S. Delaney to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number 0538-3676647) by Sacheen Carr-Ellis, Jackson Women's Health Organization (Attachments: # 1 Exhibit A - Certificate of Good Standing)(McDuff, Robert) (Entered: 04/04/2018) 1 Exhibit A - Certificate of Good Standing View on PACER	April 4, 2018	April 4, 2018 PACER
18	MOTION for Alexia D. Korberg to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number 0538-3676664) by Sacheen Carr-Ellis, Jackson Women's Health Organization (Attachments: # 1 Exhibit A- Certificate of Good Standing)(McDuff, Robert) (Entered: 04/04/2018) 1 Exhibit A- Certificate of Good Standing View on PACER	April 4, 2018	April 4, 2018 PACER
19	MOTION for Crystal Johnson to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number 0538-3676680) by Sacheen Carr-Ellis, Jackson Women's Health Organization (Attachments: # 1 Exhibit A - Certificate of Good Standing)(McDuff, Robert) (Entered: 04/04/2018) 1 Exhibit A - Certificate of Good Standing View on PACER	April 4, 2018	April 4, 2018 PACER
20	MOTION for Roberto J. Gonzalez to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number 0538-3676732) by Sacheen Carr-Ellis, Jackson Women's Health Organization (Attachments: # 1 Exhibit A - Certificate of Good Standing)(McDuff, Robert) (Entered: 04/04/2018) 1 Exhibit A - Certificate of Good Standing View on PACER	April 4, 2018	April 4, 2018 PACER
21	MOTION for Leah Wiederhorn to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number 0538-3677030) by Sacheen Carr-Ellis, Jackson Women's Health Organization (Attachments: # 1 Exhibit A - Certificate of Good Standing)(McDuff, Robert) (Entered: 04/05/2018) 1 Exhibit A - Certificate of Good Standing View on PACER	April 5, 2018	April 5, 2018 PACER
22	NOTICE of Appearance by Beth L. Orlansky on behalf of All Plaintiffs (Orlansky, Beth) (Entered: 04/06/2018)	April 6, 2018	April 6, 2018 PACER
23	AMENDED COMPLAINT against All Defendants, filed by Jackson Women's Health Organization, Sacheen Carr-Ellis.(Schneller - PHV, Hillary) (Entered: 04/09/2018)	April 9, 2018	April 9, 2018 Clearinghouse
24	MOTION for Claudia L. Hammerman to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number 0538-3679443) by Sacheen Carr-Ellis, Jackson Women's Health Organization (Attachments: # 1 Exhibit A - Certificate of Good Standing)(McDuff, Robert) (Entered: 04/09/2018) 1 Exhibit A - Certificate of Good Standing View on PACER	April 9, 2018	April 9, 2018 PACER
	Set Hearing: Telephonic Status Conference set for 4/11/2018 at 10:30 AM before District Judge Carlton W. Reeves. Only one counsel for each party is required to participate. Call-In information has been emailed to counsel of record. (JS)	April 11, 2018	April 11, 2018 PACER
	Minute Entry for proceedings held before District Judge Carlton W. Reeves: Telephonic Status Conference held on 4/11/2018. Participants: Hillary Schneller, Robert B. McDuff, Paul E. Barnes and Wilson D. Minor. Preliminary Injunction hearing set for 9/24/2018 at 9:00 AM in Courtroom 5B (Jackson) before District Judge Carlton W. Reeves. (JS)	April 11, 2018	April 11, 2018 PACER
25	ORDER extending TRO and separating claims in this case. Signed by District Judge Carlton W. Reeves on 4/11/2018. (cr)	April 11, 2018	April 11, 2018 Clearinghouse
	TEXT-ONLY ORDER granting 24 Motion to Appear Pro Hac Vice; granting 17 Motion to Appear Pro Hac Vice; granting 18 Motion to Appear Pro Hac Vice; granting 19 Motion to Appear Pro Hac Vice; granting 20 Motion to Appear Pro Hac Vice; granting 21 Motion to Appear Pro Hac Vice. That Aaron S. Delaney, Alexia D. Korberg, Crystal Johnson, Roberto J. Gonzalez, Leah Wiederhorn and Claudia L. Hammerman be admitted pro hac vice in this case on behalf of the plaintiffs in association with local counsel and upon registration for electronic filing as required by the Court. No further written order shall issue from the Court. Signed by Magistrate Judge F. Keith Ball on 4/16/2018 (JEJ)	April 16, 2018	April 16, 2018 PACER
26	MOTION for Reconsideration re 25 Order by Kenneth Cleveland, Mary Currier (Barnes-State Gov, Paul) (Entered: 04/16/2018)	April 16, 2018	April 16, 2018 PACER
27	MEMORANDUM IN SUPPORT re 26 MOTION for Reconsideration re 25 Order filed by Kenneth Cleveland, Mary Currier (Barnes-State Gov, Paul) (Entered: 04/16/2018)	April 16, 2018	April 16, 2018 PACER
	DOCKET ANNOTATION as to # 26 and # 27 : Attorney is advised to include the judge assignment of (CWR-FKB) on future filed pleadings. (LAT)	April 17, 2018	April 17, 2018 PACER

Case: Jackson Women's Health Organization v. Dobbs

3:18-cv-00171 | U.S. District Court for the Southern District of Mississippi

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