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Via Gordana Schifanelli for Lt.Governor


WHOLE WOMEN'S HEALTH v JACKSON, 595 U.S___(2021)
Decided December 10,2021

Explanation before fake news runs with it blaming Justices or pushing ideas on “ packing the Supreme Court” for not achieving favorable outcome to some activists.

Earlier this year Texas passed the Texas Heartbeat Act, 87th Leg., Reg. Sess., also known as S. B. 8. The Act pro- hibits physicians from “knowingly perform[ing] or in- duc[ing] an abortion on a pregnant woman if the physician detected a fetal heartbeat for the unborn child” unless a medical emergency prevents compliance.

But the law generally does not allow state of- ficials to bring criminal prosecutions or civil enforcement actions. Instead, S. B. 8 directs enforcement “through . . . private civil actions” culminating in injunctions and statutory damages awards against those who perform or assist prohibited abortions. §§171.207(a), 171.208(a)(2), (3). The law also provides a defense.
Women's Health abortion clinic sued the
following defendants:
1. a state-court judge, Austin Jackson;
2.a state- court clerk, Penny Clarkston;
3. Texas attorney general, Ken Paxton;
4. executive director of the Texas Medical Board, Stephen Carlton;
5. executive director of the Texas Board of Nursing, Katherine Thomas;
6. executive director of the Texas Board of Pharmacy, Allison Benz;
7. executive commissioner of the Texas Health and Human Services Commission, Cecile Young; and
8. a single private party, Mark Lee Dick- son.

Because the States are immune from suit under the terms of the Eleventh Amendment and the doctrine of sovereign immunity, the Supreme Court dismissed the complaint Agaist all parties(a Judge, a Clerk of the Court and a private individual) except named Defendents: Carlton, Thomas, Benz and Young.

The Supreme Court did not engage in analysis on the merits of the Texas Law as it is written.

https://www.supremecourt.gov/opinions/21pdf/21-463_3ebh.pdf


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