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Texas Abortion Ban Case at the U.S. Supreme Court

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About the Case

  • Overview
  • Supreme Court Ruling
  • The Case In Depth
  • Case News
  • Oral Arguments
  • Amicus Briefs
  • Webinar Replay
  • Abortion in Texas

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U.S. Supreme Court Case

Texas Abortion Ban Case at the U.S. Supreme Court

Filing date: 07.13.2021
Whole Woman's Health v. Jackson challenged Texas's unconstitutional abortion ban and vigilante scheme. The U.S. Supreme Court refused to block the law, leaving federal courts "powerless" to defend constitutional rights.

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Texas capitol building
Texas capitol building

On December 10, 2021, the U.S. Supreme Court issued its ruling in this case, refusing to block Texas’s unconstitutional abortion ban and vigilante scheme that has denied Texans their constitutional right to abortion and ended most abortion access in the state.

“The Supreme Court has ruled that federal courts are powerless to protect constitutional rights in the face of a devious state scheme that hands over state enforcement power to private citizens,” says Marc Hearron, Senior Counsel of the Center for Reproductive Rights, who argued the case. “The Court has effectively endorsed Texas’s efforts to subvert the U.S. Constitution.”

In a 5-4 decision, the Court dismissed the most significant part of the Center’s case, ruling that the providers could not bring suit against the classes of state judges and clerks or the state Attorney General.

The Court allowed only a narrow portion of the case to proceed in federal court against the Texas Medical Board and other licensing authorities, but in March 2022, the Texas Supreme Court ruled that the case could not proceed against the Texas Medical Board and other similar state licensing officials, who were the only remaining defendants in the challenge. The ruling effectively ends the federal court challenge to the state’s ban, which has ended most abortion access in Texas since September 1, 2021. Read more details on the case here.

The Center for Reproductive Rights and its partners brought the case to challenge Texas’s S.B. 8, which bans abortion after approximately six weeks of pregnancy, before many know they’re pregnant.  The law, S.B. 8, also incentivizes individuals—including anti-abortion activists—to bring costly and harassing lawsuits against anyone who provides abortion care or assists someone in obtaining an abortion in violation of the ban. The Texas law took effect September 1, 2021.

Read about Whole Woman’s Health v. Jackson here:

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U.S. Supreme Court Ruling

The ruling and its implications.

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The Case In Depth

Case background, dates and details.

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Case News

The latest news and analysis about the fight against Texas S.B. 8.

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Oral Arguments

Highlights of the November 1 oral arguments.

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Amicus Briefs

Briefs by experts and leaders in constitutional law, health care, government, and civil rights.

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Webinar Replay

Hear from the Center’s attorney and client in the case about abortion access after the Texas ban.

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Abortion in Texas

Texas has passed numerous laws to reduce access to abortion care.

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Related Case

Braid v. Stilley challenges the Texas law and defends a doctor who violated the ban.

Related Content

Issues:

Abortion, Legal Protections

Regions:

United States

Work:

In the Courts

Case Status:

Open

Case Archive

For updates on Center cases, explore our case archive here.

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